To: Board of Supervisors
From: Legislation Committee
Report Title: ADOPT an OPPOSE on AB 2882 (McCarty)
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a position of “Oppose” on AB 2882 (McCarty) California Community Corrections Performance Incentives, a bill that requires the participation of the heads of a county’s department of social services and department of mental health, as well as the head of the county alcohol and substance abuse programs, on each county’s Community Corrections Partnership executive committee of the local Community Corrections Partnership (CCP); and requires the CCP to submit the approved local plan for the implementation of the 2011 public safety realignment to the Board of State and Community Corrections (BSCC).
FISCAL IMPACT:
Unknown. According to Rural County Representatives of California, “The objective of AB 2882 appears to seek reprioritization of an existing community corrections revenue stream to address the behavioral health treatment needs of justice-involved individuals. However, we are concerned that the measure focuses on the oversight and planning associated with a single subaccount in isolation, without considering (1) that the justice-involved population realigned to counties pursuant to AB 109 in 2011 has many needs, including but not limited to behavioral health treatment needs, (2) other revenue sources brought to bear in supporting the populations in counties’ care, and (3) other important policy changes that took place concurrent to 2011 Realignment, as well as more recent initiatives that fundamentally revise behavioral health funding and service delivery at the local level.”
BACKGROUND:
At their March 25, 2024 meeting, the Legislation Committee considered AB 2882 (McCarty) and the recommendation to oppose the bill from the County’s Chief Probation Officer. The Legislation Committee voted to recommend the Board adopt a position of “Oppose” on AB 2882.
LEGISLATIVE COUNSEL'S DIGEST
AB 2882 <https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2882>, as introduced, McCarty. California Community Corrections Performance Incentives.
Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund to receive moneys for the implementation of a community corrections program to provide supervision and rehabilitative services for adult felony offenders subject to local supervision. Existing law requires the program to be developed and implemented by probation and advised by a local Community Corrections Partnership. Existing law requires the partnership to be comprised of specified members, including, among others, a representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense.
This bill would add a representative of a community-based organization with experience in successfully providing behavioral health treatment services to persons who have been convicted of a criminal offense, and a representative of a Medi-Cal managed care plan that provides the Enhanced Care Management benefit, to the membership of the partnership.
Existing law requires each county local Community Corrections Partnership to recommend a local plan to the county board of supervisors, and requires the board to accept or reject the plan. Existing law requires the plan to be voted on by an executive committee of each county’s partnership consisting of, among others, one department representative from the head of the county department of social services, the head of the county department of mental health, or the head of the county alcohol and substance abuse programs.
This bill would instead require the committee to consist of all 3 of the departments mentioned above and would require the department head to have the number of votes equivalent to the number of departments they represent. The bill would require the plan to, among other things, include quantifiable goals for improving the community corrections system, as specified. The bill would require the local partnership to submit the accepted plan annually to the Board of State and Community Corrections.
This bill would require each county to submit the County Community Corrections Outcomes, Accountability, and Transparency report annually to the Board of State and Community Corrections that includes, among other things, the number of people who have a serious mental illness or substance use disorder who are connected to community-based treatment and support upon release from jail or completion of community supervision. The bill would require each county’s board of supervisors to verify that the report is complete and accurate before it is submitted to the board. Because this bill would expand the duties for certain local officials, it would impose a state-mandated local program.
Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. Existing law requires the board to collect and analyze available data regarding the implementation of the local plans and other outcome-based measures.
This bill would require the board to create the Community Corrections Outcomes, Accountability, and Transparency dashboard that displays the county’s goals mentioned above and the spending and outcomes data reported in the County Community Corrections Outcomes, Accountability, and Transparency report. The bill would require the dashboard to be accessible through the board’s internet website.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
See Attachment A for the text of the bill.
See Attachment B for the Assembly Public Safety committee analysis of the bill.
See Attachment C for the “Oppose” letter from CSAC, UCC, and RCRC, as well as the “Oppose” letter from the Chief Probation Officers of California.
The bill passed out of Assembly Public Safety on April 2, 2024 and goes to Appropriations.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not have an advocacy position on the bill.