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 94

Author: Committee on Budget

Amended: 6/22/20 in Senate

Vote: 21

PRIOR VOTES NOT RELEVANT

SENATE BUDGET & FISCAL REVIEW COMMITTEE: 13-5, 6/24/20

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

NOES: Nielsen, Dahle, Melendez, Moorlach, Morrell

SUBJECT: Postsecondary education trailer bill

SOURCE: Author

DIGEST:

This bill makes necessary changes to implement the higher education provisions adopted as a part of the Budget Act of 2020.

ANALYSIS: This bill makes various statutory changes to implement the higher education provisions of the 2020-21 Budget. Specifically, this bill:

1. Cal Grant Awards for Students Attending Private Non-Profit Colleges and Universities. Sets the Cal Grant amount for students attending private non-profit colleges and universities at $9,084 for the 2020-21 academic year.
2. Dreamer Service Incentive Grant and Emergency Financial Aid. Specifies that funds provided for the Dreamer Service Incentive Grant shall be redirected to provide emergency financial aid. This bill provides $15 million one-time General Fund for emergency financial aid for AB 540 students at the University of California (UC), California State University (CSU), and California Community Colleges (CCC). The Dreamer Service Incentive Grant program will resume in the 2021-22 academic year.
3. Golden State Teachers Grant Program. Makes technical adjustments to the program to clarify that the funds are for students enrolled in an accredited institution of higher education, that the funds shall be available for encumbrance until June 30, 2023, and funds shall supplement other financial aid, as specified.
4. Middle Class Scholarship Program. Specifies that for the 2019-20 fiscal year and each year thereafter, $117 million shall be allocated for the program.
5. Community College Fifty Percent Law: COVID-19 Expenses. Specifies that for the 2020-21 fiscal year only, expenditures related to the COVID -19 virus that are not otherwise normal expenditures are exempt from the 50 percent law. The 50 percent law requires community college districts to allocate no less than 50 percent of its general fund expenditures to “salaries of classroom instructors,” under a formula based upon the current expense of education.
6. Student Centered Funding Formula. Specifies the base, supplemental and student success allocation rates for the funding formula for 2019-20. This bill specifies that commencing with the 2020-21 fiscal year, these rates are to be adjusted for changes in the cost-of-living adjustments. This bill also specifies that for the 2020-21 fiscal year, colleges may use the 2019-20 data in place of 2020-21 data to calculate the base allocation. For the 2020-21 supplemental allocation and student success allocation, colleges may use 2018-19 data in place of the 2019-20 data. This bill also provides a two-year extension of the hold harmless provision from 2021-22 to 2023-24. This bill also includes intent language to specify that for the 2020-21 fiscal year, 70 percent of the funding is for the base allocation, 20 percent for supplemental, and 10 percent for student success.
7. Community College Short-term Career Technical Education Programs. Encourages community college districts to expedite the development of short-term workforce training programs related to economic recovery.
8. University of California Subject Matter Project. Directs UC Subject Matter Projects in mathematics, science and English/language arts to address learning loss related to the COVID-19 crisis.
9. California State University Retirees. Makes technical changes to update references for CSU annuitants to retirees.
10. University of California Breast Cancer Research Fund. Adjusts the UC Breast Cancer Research Account to reflect updated revenues.
11. Community College Deferrals. Specifies that for the 2020-21 fiscal year, a total of $1.45 billion Proposition 98 General Fund shall be deferred from June to July, May to August, April to September, March to October and February to November.

This bill also provides a hardship waiver of $30 million for each of the 2020-21 deferral payments, and authorizes the Controller, Treasurer and Department of Finance to provide additional hardship amounts of up to $60 million total for each month of the deferrals.

This bill specifies that by August 1, 2021 and each year after, the Department of Finance shall notify the Joint Legislative Budget Committee of each district that requested an exemption, and information about the amount they requested and were provided, and information on why a request was not granted. This bill specifies that if the amount that the waivers requested are larger than the funds available, the Chancellor’s office and Department of Finance shall prorate the amount to districts.

1. UC and CSU Summer Financial Aid. Specifies that $6 million General Fund provided to CSU and $4 million General Fund for UC for summer financial aid provided in the budget act shall be suspended on December 31, 2021.
2. CCC COVID-19 Response Block Grant. Provides $66.26 million Proposition 98 General Fund one-time for the CCC COVID-19 Response Block Grant. Pursuant to the Budget Act, a total of $120 million in Federal funds and Proposition 98 General Fund shall be used for this purpose. This block grant will fund activities that support student learning and mitigate learning loss, this includes professional development, information technology, mental health services, and cleaning supplies and protective equipment. This bill requires the Chancellor’s Office to submit a report to the Legislature by January 1, 2023, on the use and effectiveness of these funds.
3. CCC Student Equity and Achievement Program (SEAP). Requires that as a condition of receiving SEAP funds, colleges must provide support to, or establish an on-campus food pantries or regular food distributions.
4. UC San Francisco Parnassus Heights Plan. Establishes procedures for the administrative and judicial review of the environmental review and approvals for the UCSF Parnassus Heights Plan project. This bill requires actions or proceedings seeking judicial review pursuant to the California Environmental Quality Act or granting of project approvals for the UCSF Parnassus Heights project to be resolved within 270 days of filing the certified record of proceedings to the court. This bill also prohibits the UC Board of Regents from prequalifying, shortlisting or awarding a contract to perform work on the UCSF Parnassus Heights project unless the entity provides an enforceable commitment that they and their subcontractors use skilled and trained workforce to perform all work that falls within an apprenticeable occupation, except as provided in a project labor agreement, as specified. This section shall remain in effect until January 1, 2026.
5. Various Adjustments. Makes other technical and conforming amendments to the higher education provisions of the Budget Act.

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

According to the Senate Budget and Fiscal Review Committee, this bill is a budget trailer bill within the overall 2020-21 budget package to implement actions related to higher education.

SUPPORT: (Verified 6/23/20)

None received

OPPOSITION: (Verified 6/23/20)

None received

Prepared by: Anita Lee / B. & F.R. / 916-651-4103

6/25/20 0:58:15

**** END ****

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 94

Author:(Committee on Budget)

As Amended Ver:June 22, 2020

Majority vote. Budget Bill Appropriation Takes Effect Immediately

SUMMARY:

This is the higher education budget trailer bill as part of the Budget Act of 2020.

The Senate Amendments:

1. Cal Grant for non-profits. Sets the Cal Grant amount that students attending private non-profit colleges and universities receive at $9,084 for the 2020-21 academic year.
2. Emergency financial aid. Provides $15 million one-time General Fund for emergency financial aid for AB 540 students at the University of California (UC), California State University (CSU), and California Community Colleges (CCC). The funding is redirected from the Dreamer Service Incentive Grant program, which will resume in the 2021-22 academic year.
3. Golden State Teacher Grant Program technical changes. Makes minor technical adjustments to the Golden State Teacher Grant Program, which provides up to $20,000 in financial aid for students in teacher credentialing programs.
4. Middle Class Scholarship adjustments. Adjusts spending on the Middle Class Scholarship program to reflect caseload.
5. COVID-19 costs and 50% law. Allows colleges to exclude direct costs related to the COVID-19 crisis when computing expenses for purposes of ensuring that 50% or more of expenditures are classroom-related. This provision sunsets in one year.
6. Student Centered Funding Formula. Extends the hold harmless provision of the Student Centered Funding Formula by two years, and makes adjustments to some rates within the funding formula for the 2019-20 fiscal year. Also specifies that for the 2020-21 fiscal year, colleges may use the 2019-20 data in place of 2020-21 data to calculate the base allocation. For the 2020-21 supplemental allocation and student success allocation, colleges may use 2018-19 data in place of the 2019-20 data.
7. Short-term career technical education programs. Encourages community college districts to expedite the development of short-term workforce training programs related to economic recovery.
8. University of California Subject Matter Projects. Directs UC Subject Matter Projects in mathematics, science and English/language arts to address learning loss related to the COVID-19 crisis.
9. California State University retirees. Makes technical changes to language describing benefits to CSU retirees.
10. University of California Breast Cancer Research Fund. Adjusts the UC Breast Cancer Research Account to reflect updated revenues.
11. Community College 2020-21 Deferrals. Provides a deferral of $662.1 million Proposition 98 General Fund from the 2020-21 fiscal year to the 2021-22 fiscal year. In addition, provides an additional deferral of $791.1 million Proposition 98 General Fund that will be rescinded if federal funding is received. Also provides a hardship waiver allowing colleges with cash-flow issues to avoid the deferral and sets aside funding to support colleges which receive the waiver. Also specifies that by August 1, 2021 and each year after, the Department of Finance shall notify the Joint Legislative Budget Committee of each district that requested an exemption, and information about the amount they requested and were provided, and information on why a request was not granted. The bill specifies that if the amount that the waivers requested are larger than the funds available, the Chancellor's office and Department of Finance shall prorate the amount to districts.
12. UC and CSU Summer Financial Aid. Specifies that $6 million General Fund provided to CSU and $4 million General Fund for UC for summer financial aid in 2020-21 and program shall be suspended on December 31, 2021.
13. CCC COVID-19 Response Block Grant. Provides $66.3 million Proposition 98 General Fund one-time for the CCC COVID-19 Response Block Grant. Pursuant to the Budget Act, a total of $120 million shall be used for this purpose. This block grant will fund activities that support student learning and mitigate learning loss, this includes professional development, information technology, mental health services, and cleaning supplies and protective equipment. This bill requires the Chancellor's Office to submit a report to the Legislature on the use and effectiveness of these funds.
14. CCC Student Equity and Achievement Program. Requires that as a condition of receiving SEAP funds, colleges must provide support to, or establish an on-campus food pantries or regular food distributions.

COMMENTS:

According to the Author:

None

Arguments in Support:

None on file.

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

This bill is a budget trailer bill within the overall 2020-21 budget package to implement actions related to higher education.

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: Mark Martin / BUDGET / (916) 319-2099 FN: 0003131

SENATE COMMITTEE ON

Senator Holly Mitchell, Chair

2019 - 2020 Regular

Bill No: Hearing Date: June 24, 2020

Subject: Higher Education

Summary:

This bill makes necessary changes to implement the higher education provisions adopted as a part of the Budget Act of 2020.

Proposed Law:

This bill makes various statutory changes to implement the higher education provisions of the 2020-21 budget. Specifically, this bill:

1. Cal Grant Awards for Students Attending Private Non-Profit Colleges and Universities. Sets the Cal Grant amount for students attending private non-profit colleges and universities at $9,084 for the 2020-21 academic year.
2. Dreamer Service Incentive Grant and Emergency Financial Aid. Specifies that funds provided for the Dreamer Service Incentive Grant shall be redirected to provide emergency financial aid. This bill provides $15 million one-time General Fund for emergency financial aid for AB 540 students at the University of California, California State University, and California Community Colleges. The Dreamer Service Incentive Grant program will resume in the 2021-22 academic year.
3. Golden State Teachers Grant Program. Makes technical adjustments to the program to clarify that the funds are for students enrolled in an accredited institution of higher education, that the funds shall be available for encumbrance until June 30, 2023, and funds shall supplement other financial aid, as specified.
4. Middle Class Scholarship Program. Specifies that for the 2019-20 fiscal year and each year thereafter, $117 million shall be allocated for the program.
5. Community College Fifty Percent Law: COVID-19 Expenses. Specifies that for the 2020-21 fiscal year only, expenditures related to the COVID -19 virus that are not otherwise normal expenditures are exempt from the 50 percent law. The 50 percent law requires community college districts to allocate no less than 50 percent of its general fund expenditures to “salaries of classroom instructors,” under a formula based upon the current expense of education.
6. Student Centered Funding Formula. Specifies the base, supplemental and student success allocation rates for the funding formula for 2019-20. This bill specifies that commencing with the 2020-21 fiscal year, these rates are to be adjusted for changes in the cost-of-living adjustments. The bill also specifies that for the 2020-21 fiscal year, colleges may use the 2019-20 data in place of 2020-21 data to calculate the base allocation. For the 2020-21 supplemental allocation and student success allocation, colleges may use 2018-19 data in place of the 2019-20 data. The bill also provides a two-year extension of the hold harmless provision from 2021-22 to 2023-24. The bill also includes intent language to specify that for the 2020-21 fiscal year, 70 percent of the funding is for the base allocation, 20 percent for supplemental, and 10 percent for student success.
7. Community College Short-term Career Technical Education Programs. Encourages community college districts to expedite the development of short-term workforce training programs related to economic recovery.
8. University of California Subject Matter Project. Directs UC Subject Matter Projects in mathematics, science and English/language arts to address learning loss related to the COVID-19 crisis.
9. California State University Retirees. Makes technical changes to update references for CSU annuitants to retirees.
10. University of California Breast Cancer Research Fund. Adjusts the UC Breast Cancer Research Account to reflect updated revenues.
11. Community College Deferrals. Specifies that for the 2020-21 fiscal year, a total of $1.45 billion Proposition 98 General Fund shall be deferred from June to July, May to August, April to September, March to October and February to November.

The bill also provides a hardship waiver of $30 million for each of the 2020-21 deferral payments, and authorizes the Controller, Treasurer and Department of Finance to provide additional hardship amounts of up to $60 million total for each month of the deferrals.

The bill specifies that by August 1, 2021 and each year after, the Department of Finance shall notify the Joint Legislative Budget Committee of each district that requested an exemption, and information about the amount they requested and were provided, and information on why a request was not granted. The bill specifies that if the amount that the waivers requested are larger than the funds available, the Chancellor’s office and Department of Finance shall prorate the amount to districts.

1. UC and CSU Summer Financial Aid. Specifies that $6 million General Fund provided to CSU and $4 million General Fund for UC for summer financial aid provided in the budget act shall be suspended on December 31, 2021.
2. CCC COVID-19 Response Block Grant. Provides $66.26 million Proposition 98 General Fund one-time for the CCC COVID-19 Response Block Grant. Pursuant to the Budget Act, a total of $120 million in Federal funds and Proposition 98 General Fund shall be used for this purpose. This block grant will fund activities that support student learning and mitigate learning loss, this includes professional development, information technology, mental health services, and cleaning supplies and protective equipment. This bill requires the Chancellor’s Office to submit a report to the Legislature by January 1, 2023, on the use and effectiveness of these funds.
3. CCC Student Equity and Achievement Program (SEAP). Requires that as a condition of receiving SEAP funds, colleges must provide support to, or establish an on-campus food pantries or regular food distributions.
4. UC San Francisco Parnassus Heights Plan. Establishes procedures for the administrative and judicial review of the environmental review and approvals for the UCSF Parnassus Heights Plan project. This bill requires actions or proceedings seeking judicial review pursuant to the California Environmental Quality Act (CEQA) or granting of project approvals for the UCSF Parnassus Heights project to be resolved within 270 days of filing the certified record of proceedings to the court. This bill also prohibits the UC Board of Regents from prequalifying, shortlisting or awarding a contract to perform work on the UCSF Parnassus Heights project unless the entity provides an enforceable commitment that they and their subcontractors use skilled and trained workforce to perform all work that falls within an apprenticeable occupation, except as provided in a project labor agreement, as specified. This section shall remain in effect until January 1, 2026.
5. Various Adjustments. Makes other technical and conforming amendments to the higher education provisions of the budget act.

Fiscal Effect:

This bill is a budget trailer bill within the overall 2020-21 budget package to implement actions related to higher education.

Support:

None on file.

Opposed:

None on file.

-- END --

 THIRD READING  

Bill No: AB 94

Author: Committee on Budget

Amended: 6/13/19 in Senate

Vote: 21

SENATE BUDGET & FISCAL REVIEW COMMITTEE: 13-2, 6/12/19

AYES: Mitchell, Nielsen, Beall, Durazo, Hurtado, Leyva, McGuire, Monning, Moorlach, Roth, Skinner, Umberg, Wieckowski

NOES: Jones, Stone

NO VOTE RECORDED: Morrell, Pan, Stern

ASSEMBLY FLOOR: Not relevant

SUBJECT: Public Safety: omnibus

SOURCE: Author

DIGEST:

This bill provides for statutory changes to enact the public safety-related provisions of the Budget Act of 2019.

Senate Floor Amendments of 6/13/19 double-joint this bill and AB 83 (Committee on Budget), the employment trailer bill of 2019, to avoid chaptering issues.

ANALYSIS: This bill makes the following statutory changes:

1. Re-organization of the Division of Juvenile Justice (DJJ). Moves the DJJ from the Department of Corrections and Rehabilitation (CDCR) to a new department under the California Health and Human Services Agency (CHHS). The new department will be called the Department of Youth and Community Restoration (DYCR).
2. Focuses on transferring authority from CDCR to the new DYCR, allowing current day-to-day operations to continue during the transition. The move will require additional resources to establish the administrative structure of the new DYCR. Codifies the intention to develop and launch a new independent training institute that will train all staff on best practices so they can further the new DYCR’s rehabilitative mission.
3. Establishes goals and intentions to present DJJ youth with skill-building and job-readiness opportunities through an apprenticeship program provided by DJJ/DYCR and the California Conservation Corps.
4. Establishes an advisory body. On or before October 1, 2019, the Secretary of CHHS shall convene a committee of the Child Welfare Council to provide input and recommendations related to the DYCR’s policies and programs that promote a commitment to improving youth outcomes, reducing youth detention, and reducing recidivism. The committee shall be comprised of individuals, including, but not limited to, those with experience in trauma-responsive and therapeutic care of youth, youth justice advocates, youth and family members who have had direct experience with the juvenile justice system, and county probation department representatives. The DYCR shall report as part of the budget process regarding the committee’s input and recommendations until 2025.
5. California Reentry and Enrichment (CARE) Grant program. Establishes the CARE Grant program to provide grants to community-based organizations that provide rehabilitative services to incarcerated individuals within correctional settings, establishes grant goals, and creates a steering committee to guide the grant process. The Budget allocates $5 million ongoing for this grant as part of the Prison to Community Pipeline package.
6. Armed and Prohibited Persons System (APPS) reporting language. Requires the Department of Justice, no later than April 1, 2020, and no later than April 1 of each year thereafter, to report to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature the number of individuals in the APPS, the degree to which the backlog in the APPS has been reduced or eliminated, and other specified information related to the efforts of the department in reducing the backlog.
7. Board of Parole Hearings (BPH) Commissioner Increase. Expands BPH by two commissioners, for a total of 17 commissioners. One commissioner per week will be designated as a “floater” who will prepare for hearings and be assigned as a third panel member, but who may be redirected to cover another hearing when needed. The additional commissioners are needed to complete workload related to a projected increase in parole hearings. Since 2011, BPH has scheduled between 4,000 and 5,300 parole hearings annually. Current projections indicate that BPH will need to schedule a total of 7,200 hearings in 2019-20 and 8,300 hearings in 2020-21.
8. CDCR Administrative Changes. Renames the “Undersecretary for Administration and Offender Services” as the “Undersecretary of Administration.” The language renames the “Division of Internal Oversight and Research” as the “Division of Correctional Policy Research and Internal Oversight.” This bill also eliminates the Division of Fiscal and Business Services.
9. Peace Officer Standards and Training (POST) report. Outlines an annual reporting requirement beginning on February 1, 2020. Requires that the reporting should include, but is not limited to, the number of peace officers trained, by law enforcement agency, by course, and by how the training was delivered, among other criteria. The Budget approves $34.9 million ongoing to POST to restore the department to previous funding levels, provide training, and provide local assistance. In 2019-20 and 2020-21, $20 million is prioritized each year for use of force and de-escalation training.
10. Proposition 57 Credit Change Notification. Requires the CDCR to submit a report to the relevant fiscal and policy committees of the Legislature and the Legislative Analyst’s Office whenever the CDCR proposes regulatory changes pursuant to the authority to award credits earned for good behavior and approved rehabilitative or educational achievements.
11. Body Camera Technical Fix. Makes a technical fix to AB 748 (Ting, Chapter 960, Statutes of 2018) by adding the phrase “the estimated date for the disclosure of” the video or audio recording.
12. Workforce Innovation and Opportunity Act (WIOA) Sharing. Allows the CDCR and California Prison Industry Authority to access relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various state and federal laws pertaining to performance measurement and program evaluation under the federal WIOA.
13. Authorizes the CDCR to provide the social security numbers of current or former inmates to the Employment Development Department, the California Workforce Development Board, or the California Workforce Development Board’s designee, for specified purposes relating to tracking the labor market and other workforce development outcomes. This bill requires these entities to keep the social security numbers confidential and prohibits the entities from disseminating the social security numbers. Because this bill expands the group of persons who can be convicted for knowingly furnishing state summary criminal history information to unauthorized persons, it expands the scope of an existing crime and therefore imposes a state-mandated local program.
14. Organized Retail Theft. Extends the sunset date for the definition of the crime of organized retail crime and the operation of the statewide organized retail crime task force. Existing law, until January 1, 2021, creates the crime of organized retail theft, and sets forth criminal procedures governing the prosecution of certain types of theft and other misdemeanors, including establishing the jurisdiction of a criminal action for certain types of theft, authorizing a peace officer to retain a person or issue a bench warrant for a person arrested for a misdemeanor if the person has failed to appear in court, as specified, and authorizing a diversion or deferred entry of judgment program for repeat theft offenses. Existing law also requires the Board of State and Community Corrections to award funding for a grant program to reduce the recidivism of high-risk misdemeanor probationers and requires the Department of the California Highway Patrol to convene a regional property crimes task force. This bill extends the sunset date for these provisions from January 1, 2021, to July 1, 2021.
15. State Penalty Fund and POST. Amends the Government and Penal Codes to abolish the Peace Officers’ Training Fund, which is no longer used by POST and designates the State Penalty Fund as its successor fund.
16. Lease Capacity Agreements. Currently, counties that received jail construction funds from the state (via SB 1022 (Committee on Budget and Fiscal Review, Chapter 42, Statutes of 2012) or SB 844 (Committee on Budget and Fiscal Review, Chapter 34, Statutes of 2016) are not allowed to lease any additional jail capacity that they achieved as a result of the grant to another agency for a period of 10 years. This bill excludes the leasing of housing capacity to state agencies from this covenant requirement, thereby expanding the use of continuously appropriated funds and making an appropriation. This bill states that if a county enters into an agreement to lease housing capacity that includes any state agency other than the State Department of State Hospitals, the Department of Finance must report that fact to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the respective fiscal committees of each house.
17. Penal Code Review. Creates a new committee that will be established under the California Law Revision Commission. The new committee will have separate powers to make policies and take actions, and to review and make recommendations to the Legislature and the Governor on revisions to the Penal Code. The committee will begin an effort to simplify and rationalize criminal law and criminal procedures, establish alternatives to incarceration that aid rehabilitation and protect public safety, improve parole and probation systems, and adjust the length of sentence terms based on certain considerations.

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

SUPPORT: (Verified 6/11/19)

None received

OPPOSITION: (Verified 6/11/19)

None received

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

6/18/19 16:30:58

**** END ****

ASSEMBLY THIRD READING

ATR Bill Id:AB 94

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: 0000137

SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW

Senator Holly Mitchell, Chair

2019 - 2020 Regular

Bill No: AB 94 Hearing Date: June 12, 2019

Subject: Public Safety

Summary:

Provides for statutory changes to enact the public safety-related provisions of the Budget Act of 2019.

Background:

As part of the 2019-20 budget package, AB 94 makes statutory changes to implement the budget act.

Proposed Law:

This bill makes the following statutory changes:

1. Re-organization of the Division of Juvenile Justice (DJJ): Moves the DJJ from the Department of Corrections and Rehabilitation (CDCR) to a new department under the California Health and Human Services Agency (CHHS). The new department will be called the Department of Youth and Community Restoration (DYCR).

Focuses on transferring authority from CDCR to the new DYCR, allowing current day-to-day operations to continue during the transition. The move will require additional resources to establish the administrative structure of the new DYCR. Codifies the intention to develop and launch a new independent training institute that will train all staff on best practices so they can further the new DYCR’s rehabilitative mission.

Establishes goals and intentions to present DJJ youth with skill-building and job-readiness opportunities through an apprenticeship program provided by DJJ/DYCR and the California Conservation Corps.

Establishes an advisory body. On or before October 1, 2019, the Secretary of California Health and Human Services shall convene a committee of the Child Welfare Council to provide input and recommendations related to the Department of Youth and Community Restoration’s policies and programs that promote a commitment to improving youth outcomes, reducing youth detention, and reducing recidivism. The committee shall be comprised of individuals, including but not limited to, those with experience in trauma-responsive and therapeutic care of youth, youth justice advocates, youth and family members who have had direct experience with the juvenile justice system, and county probation department representatives. The Department of Youth and Community Restoration shall report as part of the budget process regarding the committee’s input and recommendations until 2025.

1. California Reentry and Enrichment (CARE) Grant program: Establishes the CARE Grant program to provide grants to community-based organizations that provide rehabilitative services to incarcerated individuals within correctional settings, establishes grant goals, and creates a steering committee to guide the grant process. The budget allocates $5 million ongoing for this grant as part of the Prison to Community Pipeline package.
2. Armed and Prohibited Persons System (APPS) reporting language: Requires the Department of Justice, no later than April 1, 2020, and no later than April 1 of each year thereafter, to report to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature the number of individuals in the APPS, the degree to which the backlog in the APPS has been reduced or eliminated, and other specified information related to the efforts of the department in reducing the backlog.
3. Board of Parole Hearings (BPH) Commissioner Increase: Expands BPH by two commissioners, for a total of 17 commissioners. One commissioner per week will be designated as a “floater” who will prepare for hearings and be assigned as a third panel member, but who may be redirected to cover another hearing when needed. The additional commissioners are needed to complete workload related to a projected increase in parole hearings. Since 2011, BPH has scheduled between 4,000 and 5,300 parole hearings annually. Current projections indicate that BPH will need to schedule a total of 7,200 hearings in 2019-20 and 8,300 hearings in 2020-21.
4. CDCR Administrative Changes: Renames the “Undersecretary for Administration and Offender Services” as the “Undersecretary of Administration.” The language would rename the “Division of Internal Oversight and Research” as the “Division of Correctional Policy Research and Internal Oversight.” The bill would also eliminate the Division of Fiscal and Business Services.
5. Peace Officer Standards and Training (POST) report: Outlines an annual reporting requirement beginning on February 1, 2020. Requires that the reporting should include, but is not limited to, the number of peace officers trained, by law enforcement agency, by course, and by how the training was delivered, among other criteria. The budget approves $34.9 million ongoing to POST to restore the department to previous funding levels, provide training, and provide local assistance. In 2019-20 and 2020-21, $20 million is prioritized each year for use of force and de-escalation training.
6. Proposition 57 Credit Change Notification: Requires the CDCR to submit a report to the relevant fiscal and policy committees of the Legislature and the Legislative Analyst’s Office whenever the CDCR proposes regulatory changes pursuant to the authority to award credits earned for good behavior and approved rehabilitative or educational achievements.
7. Body Camera Technical Fix: Makes a technical fix to AB 748 (Ting), Chapter 960, Statutes of 2018 by adding the phrase “the estimated date for the disclosure of” the video or audio recording.
8. Workforce Innovation and Opportunity Act (WIOA) Sharing: Allows the CDCR and California Prison Industry Authority to access relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various state and federal laws pertaining to performance measurement and program evaluation under the federal WIOA.

Authorizes the CDCR to provide the social security numbers of current or former inmates to the Employment Development Department, the California Workforce Development Board, or the California Workforce Development Board’s designee, for specified purposes relating to tracking the labor market and other workforce development outcomes. The bill would require these entities to keep the social security numbers confidential and would prohibit the entities from disseminating the social security numbers. Because this bill would expand the group of persons who can be convicted for knowingly furnishing state summary criminal history information to unauthorized persons, it would expand the scope of an existing crime and therefore impose a state-mandated local program.

1. Organized Retail Theft: Extends the sunset date for the definition of the crime of organized retail crime and the operation of the statewide organized retail crime task force. Existing law, until January 1, 2021, creates the crime of organized retail theft, and sets forth criminal procedures governing the prosecution of certain types of theft and other misdemeanors, including establishing the jurisdiction of a criminal action for certain types of theft, authorizing a peace officer to retain a person or issue a bench warrant for a person arrested for a misdemeanor if the person has failed to appear in court, as specified, and authorizing a diversion or deferred entry of judgment program for repeat theft offenses. Existing law also requires the Board of State and Community Corrections to award funding for a grant program to reduce the recidivism of high-risk misdemeanor probationers and requires the Department of the California Highway Patrol to convene a regional property crimes task force. This bill would extend the sunset date for these provisions from January 1, 2021 to July 1, 2021.
2. State Penalty Fund and POST: Amends the Government and Penal Codes to abolish the Peace Officers’ Training Fund, which is no longer used by POST and designates the State Penalty Fund as its successor fund.
3. Lease Capacity Agreements: Currently, counties that received jail construction funds from the state (via SB 1022 (Committee on Budget and Fiscal Review), Chapter 42, Statutes of 2012 or SB 844 (Committee on Budget and Fiscal Review), Chapter 34, Statutes of 2016) are not allowed to lease any additional jail capacity that they achieved as a result of the grant to another agency for a period of 10 years. The This bill would exclude the leasing of housing capacity to state agencies from this covenant requirement, thereby expanding the use of continuously appropriated funds and making an appropriation. The bill states that if a county enters into an agreement to lease housing capacity that includes any state agency other than the State Department of State Hospitals, the Department of Finance must report that fact to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the respective fiscal committees of each house.
4. Penal Code Review: Creates a new committee that will be established under the California Law Revision Commission. The new committee will have separate powers to make policies and take actions, and to review and make recommendations to the Legislature and the Governor on revisions to the Penal Code. The committee will begin an effort to simplify and rationalize criminal law and criminal procedures, establish alternatives to incarceration that aid rehabilitation and protect public safety, improve parole and probation systems, and adjust the length of sentence terms based on certain considerations.

Fiscal Effect:

The funding related to the changes in this bill is contained in the 2019-20 budget act.

Support:

None on file.

Opposed:

None on file.

Comments:

This bill provides the necessary statutory references to enact the 2019-20 budget related to public safety.

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