BILL NUMBER: SB 823 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 22, 2002
AMENDED IN ASSEMBLY JUNE 6, 2001
AMENDED IN SENATE APRIL 5, 2001
INTRODUCED BY Senators Poochigian and Burton
(Coauthors: Senators Ackerman, Battin, Costa, Dunn, Haynes,
Johannessen, Johnson, Knight, Margett, McPherson, Monteith, Morrow,
Oller, and Polanco)
FEBRUARY 23, 2001
An act to amend Section 30061 of, and to repeal Section
30064.1 of, Sections 30061 and 30063 of the
Government Code, relating to law enforcement funding.
LEGISLATIVE COUNSEL'S DIGEST
SB 823, as amended, Poochigian. Local law enforcement funding.
Existing law establishes in each county treasury a Supplemental
Law Enforcement Services Fund that receives from the Controller an
annual allocation of state funds. Moneys from this fund are required
to be allocated by the county auditor to the county, each city
located within that county, and designated districts providing law
enforcement services, in accordance with specified requirements. The
moneys are allocated for, among other things, frontline law
enforcement services and the implementation of a comprehensive
multiagency juvenile justice plan with specified components
and objectives, developed by the local juvenile justice coordinating
council in each county and city and county. The county board of
supervisors and the Board of Corrections are required to approve
these plans. These provisions will become inoperative on July 1,
2002, and are repealed as of January 1, 2003.
This bill would prohibit the county auditor from transferring
moneys from the fund to a recipient agency until the county
Supplemental Law Enforcement Oversight Committee certifies receipt of
an approved expenditure plan from the governing board of that
agency. The bill would also require the local juvenile justice
coordinating council to review and modify annually its comprehensive
multiagency juvenile justice plan and require the county board of
supervisors and the Board of Corrections to approve the modified
plan. The bill would also delete the inoperative and repeal dates,
thereby continuing the operation of this funding program indefinitely
. Existing law requires each county or city and
county to report annually on those programs to the county board of
supervisors and the Board of Corrections beginning August 15, 2001.
Existing law requires the Board of Corrections to compile the local
reports and make a report to the Governor and Legislature by January
15, 2003, and annually thereafter, as provided. Existing law also
requires a county, city, or city and county Supplemental Law
Inforcement Oversight Committee to submit data detailing and
summarizing allocations to the Controller and provides that the
county, city, or city and county shall forfeit its allocation if that
data is not provided.
This bill would require the annual report on those programs to be
made beginning October 15, 2002, and would prohibit the expenditure
of allocated funds and interest thereon if that report and the data
detailing and summarizing allocations are not submitted. This bill
would require the Board of Corrections to compile the local reports
and make a report to the Governor and Legislature by March 15, 2003,
and annually thereafter.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30061 of the Government Code is
SECTION 1. Section 30061 of the Government Code is amended to
read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives money to be
expended for the implementation of this chapter, the county auditor
shall allocate moneys in the county's SLESF, including any interest
or other return earned on the investment of those moneys, within 30
days of the deposit of those moneys into the fund, and shall allocate
those moneys in accordance with the requirements set forth in this
subdivision. However, the auditor shall not transfer those moneys to
a recipient agency until the Supplemental Law Enforcement Oversight
Committee certifies receipt of an approved expenditure plan from the
governing board of that agency.
(1) Five and fifteen one hundredths percent (5.15%) to the county
sheriff for county jail construction and operation. In the case of
Madera, Napa, and Santa Clara Counties, this allocation shall be made
to the county director or chief of corrections.
(2) Five and fifteen one hundredths percent (5.15%) to the
district attorney for criminal prosecution.
(3) Thirty-nine and seven-tenths percent (39.7%) to the county and
the cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide a grant of at least one hundred thousand dollars
($100,000) to each law enforcement jurisdiction. For a newly
incorporated city whose population estimate is not published by the
Department of Finance but which was incorporated prior to July 1 of
the fiscal year in which an allocation from the SLESF is to be made,
the city manager, or an appointee of the legislative body, if a city
manager is not available, and the county administrative or executive
officer shall prepare a joint notification to the Department of
Finance and the county auditor with a population estimate reduction
of the unincorporated area of the county equal to the population of
the newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESF is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. The county auditor shall allocate a grant of at
least one hundred thousand dollars ($100,000) to each law enforcement
jurisdiction. Moneys allocated to the county pursuant to this
subdivision shall be retained in the county SLESF, and moneys
allocated to a city pursuant to this subdivision shall be deposited
in a SLESF established in the city treasury.
(4) Fifty percent (50%) to the county or city and county to
implement a comprehensive multiagency juvenile justice plan as
provided in this paragraph. This plan shall be developed by the
local juvenile justice coordinating council in each county and city
and county with the membership described in Section 749.22 of the
Welfare and Institutions Code. If a plan has been previously
approved by the Board of Corrections, the plan shall be reviewed and
modified annually by the council. The plan or modified plan shall
be approved by the county board of supervisors, and in the case of a
city and county, the plan shall also be approved by the mayor. The
plan or modified plan shall be submitted to the Board of Corrections
by May 1, 2002, and annually thereafter.
(A) Juvenile justice plans shall include, but not be limited to,
all of the following components:
(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
(B) Programs proposed to be funded shall satisfy all of the
following requirements:
(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
(ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and an accounting for all
program participants, including those who do not complete the
programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
(i) The rate of juvenile arrests per 100,000 population.
(ii) The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
(iv) Arrest, incarceration, and probation violation rates of
program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Board of Corrections shall review plans or modified plans
submitted pursuant to this paragraph within 30 days upon receipt of
submitted or resubmitted plans or modified plans. The board shall
approve only those plans or modified plans that fulfill the
requirements of this paragraph, and shall advise a submitting county
or city and county immediately upon the approval of its plan or
modified plan. The board shall offer, and provide if requested,
technical assistance to any county or city and county that submits a
plan or modified plan not in compliance with the requirements of this
paragraph. The SLESF shall only allocate funding pursuant to this
paragraph upon notification from the board that a plan or modified
plan has been approved.
(E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning
August October 15, 2001
2002 , and annually each October 15
thereafter, to the county board of supervisors and the Board of
Corrections, in a format specified by the Board of Corrections, on
the programs funded pursuant to this chapter and program outcomes as
specified in subparagraph (C).
(ii) The Board of Corrections shall compile the local reports and,
by January March 15, 2003, and
annually thereafter, make a report to the Governor and the
Legislature on program expenditures within each county and city and
county from the appropriation for the purposes of this paragraph, on
the outcomes as specified in subparagraph (C) of the programs funded
pursuant to this paragraph and the statewide effectiveness of the
comprehensive multiagency juvenile justice plans.
(iii) The reports required by this subparagraph shall be made by
the dates specified, notwithstanding Section 30064.1.
(c) Subject to subdivision (d), for each fiscal year in which the
county and , each city, and
the Broadmoor Police Protection District, the Bear Valley
Community Services District, the Stallion Springs Community Services
District, the Lake Shastina Community Services District, and the
Kensington Police Protection and Community Services District
, receive moneys pursuant to paragraph (3) of subdivision
(b), the county, each city, and each district specified in this
subdivision shall appropriate those moneys in accordance with the
following procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide front line law enforcement services, other than those
services specified in paragraphs (1) and (2) of subdivision (b), in
the unincorporated areas of the county, in response to written
requests submitted to the board by the county sheriff and the
district attorney. Any request submitted pursuant to this paragraph
shall specify the front line law enforcement needs of the requesting
entity, and those personnel, equipment, and programs that are
necessary to meet those needs. The board shall, at a public hearing
held in September in each year that the Legislature appropriates
funds for purposes of this chapter, consider and determine each
submitted request within 60 days of receipt, pursuant to the decision
of a majority of a quorum present. The board shall consider these
written requests separate and apart from the process applicable to
proposed allocations of the county general fund.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund front line
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city. These written requests shall be acted upon
by the city council in the same manner as specified in paragraph (1)
for county appropriations.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund front line municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district. These written requests shall be acted upon by the
legislative body in the same manner specified in paragraph (1) for
county appropriations.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
(e) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with the provisions of
this chapter no later than June 30 of the following fiscal year. A
local agency that has not met this requirement shall remit unspent
SLESF moneys to the Controller for deposit into the General Fund.
(f) In the event that a county, a city, a city and county, or a
qualifying special district does not comply with the requirements of
this chapter to receive an SLESF allocation, the Controller shall
revert those funds to the General Fund.
SEC. 2. Section 30063 of the Government Code is amended to read:
30063. (a) The Supplemental Law Enforcement Services Fund (SLESF)
in each county or city is to be expended exclusively as required by
this chapter. Moneys in that fund shall not be transferred to, or
intermingled with, the moneys in any other fund in the county or city
treasury, except that moneys may be transferred from the SLESF to
the county's or city's general fund to the extent necessary to
facilitate the appropriation and expenditure of those transferred
moneys in the manner required by this chapter.
(b) Moneys in a SLESF may only be invested in safe and
conservative investments in accordance with those standards of
prudent investment applicable to the investment of trust moneys. The
treasurer of the county and each city shall provide a monthly SLESF
investment report to either the police chief or the county sheriff
and district attorney, as applicable.
(c) Each year, at least 30 days prior to the date of the duly
noticed public hearing required pursuant to paragraph (1) of
subdivision (c) of Section 30061, the county auditor and city
treasurer shall detail and summarize allocations from the county's or
city's SLESF, as applicable, in a written, public report filed with
the Supplemental Law Enforcement Oversight Committee (SLEOC), the
county board of supervisors , or the city
council, as applicable, for the entirety of the immediately preceding
fiscal year, and the county sheriff or police chief, as applicable.
(d) A summary of the annual reports required in subdivision (c)
shall be submitted in a standardized format to be developed by the
Controller, in conjunction with the California District Attorney's
Association, California Police Chief's Association, California State
Sheriff's Association, California Peace Officer's Association,
California County Auditor's Association, and California Municipal
Treasurer's Association, by each SLEOC to the Controller on or before
October 15, 2001, and each year thereafter. The Controller shall
make a copy of the summarized reports available to the Governor, the
Legislature, and the Legislative Analyst's office.
(e) By March 1 of each year, the Legislative Analyst's office
shall report to the Legislature on the types of expenditures made by
local law enforcement agencies in the previous fiscal year pursuant
to this chapter, and, to the extent feasible, on the effects of those
expenditures on law enforcement and public safety.
(f) A county, a city, or a city and county that fails to submit
the data required pursuant to subdivision (d) of this section
or fails to expend the SLESF moneys provided by the
date specified in to report as required pursuant to
clause (i) of subparagraph (E) of paragraph (4) of subdivision
(e) (b) of Section 30061 shall
forfeit its allocation provided pursuant to Section 30061 for the
subsequent fiscal year. The Controller shall reduce the affected
county's allocation by the appropriate amount and shall identify the
county, city, or city and county and the corresponding amount reduced
for the affected local agency. Funds not allocated pursuant to this
subdivision shall revert to the General Fund not
continue to expend funds allocated pursuant to subdivision (b) of
Section 30061 or interest earned pursuant to subdivision (b) of this
section until that data and that report are submitted as required by
this chapter .
(g) Notwithstanding subdivision (f), if the Supplemental Law
Enforcement Oversight Committee (SLEOC) fails to transmit the data to
the Controller required pursuant to subdivision (d), the local law
enforcement agency may submit its expenditure data directly to the
Controller no later than 15 days after the date specified in
subdivision (d). If the local law enforcement agency has complied
with other requirements in this chapter, it shall be
eligible for an allocation the subsequent fiscal year. However, the
Controller shall reduce the SLESF allocation to the sheriff and
district attorney and the cities represented in the SLEOC, and shall
reduce the allocation to all the local law enforcement agencies that
failed to provide the expenditure data within the 15 days. Funds not
allocated pursuant to this subdivision shall revert to the General
Fund may continue to expend funds allocated and
interest earned pursuant to this chapter .
_____________________________________ All matter omitted in this
version of the bill appears in the bill as amended in the Assembly,
June 6, 2001 (JR 11) ____________________________________
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