HomeMy WebLinkAboutMINUTES - 05211996 - C26 k TO: BOARD OF SUPERVISORS Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR '�- Costa
County
DATE: May 15, 1996
SUBJECT: LEGISLATION: SB 2078 (Costa) PLACING ON THE BALLOT THE LOCAL
JUVENILE JUSTICE FACILITIES BOND ACT OF 1996
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of SB 2078 by Senator Jim Costa which would
place on the ballot a bond act in an unspecified amount to construct juvenile justice
facilities, but also REQUEST that the amount of the bonds be set at at least $500
million.
BACKGROUND:
On April 16, 1996, the Board of Supervisors voted to support SB 2078 by Senator
Costa. At that time, the bill only expressed a legislative intent to place on the ballot
a bond measure to construct juvenile justice facilities. The bill has now been
amended to include specific language on the bond measure. The only thing which
is missing is the dollar amount of the bond measure. In view of the Board's previous
position on the need to construct juvenile facilities, it is recommended that the.Board
support SB 2078 as amended April 8, 1996, but also ask Senator Costa to insure
that the amount of the bond measure is at least $500 million.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON May 21, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator
County Probation Officer May 21 1996
The Honorable Jim Costa ATTESTED �'
Contacgenator, 16th District PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Room 2054, State Capitol Ad
P S AND COUNTY ISTRAT
Sacramento, CA 95814
Les Spahnn; Heim, Noack, Kelly&Spahnn
1121 L Street, Suite 100B Y
Sacramento, CA 95814 4- --- f -
George Roemer, Senior Deputy County Administrator
ofn
AMENDED IN SENATE APRIL, 8, 1996
SENATE BILL No. 2075
r,
Introduced by Senator Costa
February 23, 1996
An aet rely to juveeilesy ant-Al tte eff-g-ertey An
act to add Chapter 3 (commencing with Section 2100) to
Division 2.5 of the Welfare and Institutions Code, relating to
financing the construction oflocal juvenile justice facilities by
providing the funds necessary therefor through the issuance
and sale of bonds of the State of California and by providing
for the handling and disposition of those funds, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 2078, as amended, Costa. Juvenile offenders: facilities:
bonds.
Existing law authorizes the juvenile court to commit any
minor who has been adjudged a ward of the court on the basis
of criminal conduct to specified local juvenile facilities.
Pais bill wattid smote the intent e€ the y=gis e}„~-e to piftee
a hem feetsure ee the ballet itt 499 feT-the
pur-pe-se e€ feT- ceixstizie
r-eEaede4inge€leea! f4eilities fef gte t...,,,t..... ft, w ehetbilit tief
J ,
ftftd per of jttveeile err,...,a e .
This bill would enact the Local Juvenile Justice Facilities
Bond Act of 1995 which, if adopted, would authorize, for
purposes offinancing the construction oflocal juvenile j ustice
facilities, the issuance, pursuant to the State General
Obligation Bond Law, of an unspecified amount of bonds.
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I
SB 2078 — 2 —
The
2 —
The bill would pro vide for submission of the bond act to the
voters at the next statewide election In accordance with
specified la w.
This bill would declare that it would take effect
immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: fte yes.
State-mandated local program: no.
Thep eople of the State of California do enact as follows.
2 ft bettd feaser-e eft the ballet ift 4%6
4 reffiedeliftg 4 leeetl &eilities feT- the }-- at f
5 ,..i..abil tat a-ftd pullishffi of juveeile e ffen a
6 SEG. �
7 SECTION 1. Chapter 3 (commencing with Section
8 2100) is added to Division 2.5 of the Welfare and
9 Institutions Code, to read.
10
•a>
11 CHAPTER 3. LOCAL JUVEmLEJUSTICE FACILITIES BOND
12 ACT OF 1996
13
14 Article 1. General Provisions
15 ,
16 2100. This chapter shall be known and may be cited
17 as the Local Juvenile Justice Facilities Bond Act of 1996.
. 18 2101. The Legislature Ends and declares all of the
19 following.
20 It is th e in ten t of th e Legisla ture to pro vide fun ding for
21 the capital construction of local facilities for the
22 treatment, rehabilitation, and punishment of juvenile
23 offenders. Counties do not have sufficient options for
24 providing a continuum of care for juvenile offenders that
25 provides options for all of the following.
26 (a) Effecting swift, certain, and effective correctional
27 treatment and penalties for all juvenile offenders.
28 (b) Treating offenders whose criminality results from
3-
29
29 substance abuse or mental disorders.
30 (c) Requiring community service when appropriate.
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1 (d) Ensuring appropriate supervision in secure and
2 nonsecure settings.
th 3 (e) Promoting integrated service provisions for
4 governmental and community-based organizations.
ct 5 (f) Providing alternatives to commitment to the
6 Youth Authority.
's• 4 7 Funds from this bond measure shall be allocated based
8 on counties, or groups of counties acting together,
9 demonstrating that funds will be used to develop facilities
s. 10 that implement a continuum of care for juvenile
11 offenders.
ee 12 2102. As used in this chapter, the following terms have
13 the following meanings.
14 (a) "Committee" means the 1996 Local Juvenile
15 Justice Facilities Bond Finance Committee created
16 pursuant to Section 2117.
17 (b) "Fund" means the 1996 Local Juvenile Justice
on 18 Facilities Bond Fund created pursuant to Section 2105.
,id 19
f 20 Article 2. Program
21
9 22 2105. The proceeds of bonds issued and sold pursuant
23 to this chapter shall be deposited in the 1996 Local
24 Juvenile Justice Facilities Bond Fund, which is hereby
25 created.
`.._ 26 2106. (a) Moneys in the fund may be a vailable for the
ed 27 construction, reconstruction, remodeling, and
96. 28 replacement of local facilities for the treatment,
`he 29 rehabilitation, and punishment ofjuvenile offenders.
30 (b) Expenditure shall be made only if county
far 31 matching funds, as determined by the Legislature, are
he 32 provided, except that this requirement maybe modified
rile ,.: , 33 or waived by the Legislature where it determines that it
for 34 is necessary to facilitate the expeditious and equitable
'gat 35 construction of state and local correctional facilities.
36 2107. In order to be eligible to receive funds for the
real 37 purposes specified in Section 2106 derived from the
38 issuance of bonds under this chapter, a county shall do all
Orn ' 39 of the following:
te.
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SB 2078 — 4 —
I
4 -1 a The count ora group of actin together,
(`) y� g p g �" , .
2 shall establish a Juvenile Justice Planning Task Force
3 `�h ose m errs bership sh all iii cl u d e one repl-esen to ti ve each
4 from the probation department, the district attorney's
5 office, the sheriff's department, the board of supervisors,
6 the county office of education, the department of social
7 services, the department of mental health, a
8 community-based drug and alcohol program, a citypolice
9 department, a school district, and a community-based
10 organization that works with youth.
11 (b) The task force shall develop a plan that identifies
12 the county- continuum of care model for prevention,
13 intervention, supervision, treatment, and incarceration
14 of juvenile offenders. The plan shall identify how the
15 county will maximize all funding sources (local criminal
16 justice, local social services, federal and state programs,
17 and education) for providing appropriate treatment and
18 rehabilitative services for offenders. The plan shall
19 identify the capital needs for fully providing the services
20 outlined in the countymode]. The plan shall also identify
res the county will use to measure
21 the performance measu
22 the effectiveness of its programs. These performance
23 measures shall include reducing the rate of county
24 admissions to the Youth Authority.
25 2108. (a) (1) The highest level of state matching
26 funds shall be for capital expenditures that allow the
27 implementation of programs that provide fully
28 integrated services, maximizing the use of operational
29 funds already available to the county through probation,
30 local law enforcement, social services, mental health,
31 drug and alcohol abuse prevention, county office of
32 education, school districts, and community-based
33 providers. -
34 (2) Examples include, but are not limited to, the
35 following.,
36 (A) Day treatment centers that provide school and all
37 other services in a single facility under the supervision of
38 the probation department or a law enforcement agency,
39 for 10 to 16 hour "days"during which time the offender
40 is effectively detained.
J
i
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— 5 — SB 2078
erg, t 1 (B) Residential and nonresidential substance abuse
°,ce 2 and mental health treatment facilities that allow the
)ch 3 county to treat the underlying causes of criminal
YS 4 beha viors.
ITS, 5 (C) Specialized facilities that allow for the provision of
�ial 6 services to proba tioners, in cluding cen ters for after school
a 7 care and supervision, group homes and foster care
ce 8 facilities designed especially for offenders, school-to-work
ed 9 facilities, and community service centers.
10 (b) The lowest level of state matching funds shall be
r'es . 11 for capital expenditures for "hard cell" detention
)n, 12 facilities or other facilities that do not integrate services,
on 13 such as juvenile halls.
he 14 2109. The Juvenile Justice Financing Authority is
?al 15 hereby created in the Board of Corrections. The authority
,2s, 16 shall consist of The authority shall evaluate
7d 17 plans prepared pursuant to Section 2107, approve
all 18 funding, and administer funds appropriated as specified
�es 19 in Section 2106. Staff support to the authority shall be
20 performed by existing Board of Corrections staff. In
re ,,. 21 addition, the authority may allocate any state and federal
12 22 juvenile justice grant funds that are appropriated to it by
ty 23 the Legislature.
24 2110. Money in the fund may only be expended for
�g ,5 25 projects specified in this chapter as allocated in
�e '` ' __�' 26 appropriations made by the Legislature.
YY 27
tal 28 Article 3. Fiscal Provisions
12, 29
1?, 30 2115. Bonds in the total amount of dollars
Of 31 ($ ), or so much thereof as is necessary, may be
=d 32 issued and sold to provide a fund to be used for carrying
33 out the purposes expressed in this chapter and to be used
34 to reimburse the General Obligation Bond Expense
35 Revolving Fund pursuant to Section 16724.5 of the
X11 36 Government Code. The bonds shall, when sold, be and
Of 37 constitute a valid and binding obligation of the State of
Y, 38 California, and the full faith and credit of the State of
11. 39 California is hereby pledged for the punctual payment of
98 98
SB 2078 — 6 —
I
6 —I both principal of, and interest on, the bonds as the
2 principal and Interest become due and payable.
3 2116. The bonds authorized by this chapter shall be
4 prepared, executed, issued, sold, paid, and redeemed as
5 provided in the State General Obligation Bond Law
6 (Chapter 4 (commencing with Section 16720) ofPart 3 of
7 Division 4 of Title 2 of the Government Code), and all of
8 the provisions of that law apply to the bonds and to this
9 chapter and are hereby incorporated in this chapter as
' 10 though set forth in full in this chapter.
11 2117. (a) Solely for the purpose of authorizing the
12 issuance and sale, pursuant to the State General
13 Obligation Bond Law, of the bonds authorized by this
14 chapter, the 1996 Local Juvenile Justice Facilities Bond
15 Finance Committee is hereby created. For purposes of
16 this chapter, the 1996 Local Juvenile Justice Facilities
17 Bond Finance Committee is "the committee" as that
18 term is used in th e Sta to Gen era] Obliga tion Bon d La w.
19 The committee consists of the Controller, the Treasurer,
20 the Director of Finance, and the Director of the Youth
21 Authority, or their designated representatives. The
22 Treasurer shall serve as chairperson of the committee. A
23 majority of the committee may act for the committee.
24 (b) Forpurposes of the State General Obligation Bond
25 Law, the Department of the Youth Authority is >
26 designated the "board. "
27 2118. The committee shall determine whether or not
28 It Is necessary or desirable to issue bonds authorized
29 pursuant to this chapter in order to carry out the actions
t 30 specified in Section 2106 and, if so, the amount of bonds
31 to be issued and sold. Successive issues of bonds may be
32 authorized and sold to carry out those actions
33 progressively, and it is not necessary that all of the bonds
34 authorized to be issued be sold at any one time.
35 2119. There shall be collected each year and in the
36 same manner and at the same time as other state revenue
37 is collected, in addition to the ordinary revenues of the
38 state, a sum in an amount required to pav the principal
39 of, and interest on, the bonds each year, and it is the duty
40' of all officers charged by la w with any duty in regard to
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- 7 — SB 2078
be "
1 the collection of the revenue to do and perform each and
2 every act that is necessary to collect that additional sum.
as 3 2120. Notwithstanding Section 13340 of the
as
1w 4 Government Code, there is herebyappropriated from
Of 5 the General Fund in the State Treasury, for the purposes
Of -,s 6 of this chapter, an amount that will equal the total of the
his 7 following.
8 (a) The sum annually necessary to pay the principal of,
as 9 and interest on, bonds issued and sold pursuant to this
e 10 chapter, as the principal and interest become due and
h
he11 payable.
ral12 (b) The sum which is necessary to carry out the
WS
,2d13 provisions of Section 2121, appropriated without regard
Of 14 to fiscal years.
15 2121. For the purposes of carrying out this chapter,
ies 16 the Director of Finance may authorize the withdrawal
rat 17 from the General Fund of an amount or amounts not to
W. 18 exceed the amount of the unsold bonds that have been
?rI 19 authorized by the committee to be sold for the purpose
rth 20 of carrying out this chapter. Any amounts withdrawn
he 21 shall be deposited in the fund. Any moneymade available
A
22 under this section shall be returned to the General Fund
23 from money received from the sale of bonds for the
nd
is 24 purpose of carrying out this chapter.
Is 25 2122. All money deposited in the fund that is derived
26 from premium and accrued interest on bonds sold shall
tot 27 be reserved in the fund and shall be available for transfer
ed 28 to the General Fund as a credit to expenditures for bond
ins 29 interest.
ids 30 2123. The bonds maybe refunded in accordance with
31 Article 6 of th e Sta to Gen era] Obliga tion Bon d La w.
>ns 32 2124. The Legislature hereby finds and declares that,
ids 33 inasmuch as the proceeds from the sale of bonds
he 34 authorized by this chapter are not proceeds of taxes"as
35 that term is used in Article XIII B of the California
ue 36 Constitution, the disbursement of these proceeds is not
he
gal 37 subject to the limitations imposed by that article.
38 SEC. 2. Section 1 of this act shall take effect upon the
too
rt39 adoption by the voters of the Local Juvenile Justice
A .
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SB 2078 — 8 —
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8 -1 Facilities Bond Act of 1996, asset forth in Section I of this
2 act.
3 SEC. 3. Section I of this act shall be submitted to the
4 voters at the next statewide election in accordance with
5 provisions of the Government Code and the Elections
6 Code governing the submission of statewide measures to
7 the voters.
8 SEC. 4. Notwithstanding any other provision of law,
i > a 9 all ballots of the election shall have printed thereon and
10 in a square thereof, the words. "Local Juvenile Justice
11 Facilities Bond Act of1996, "and in the same square under
12 those words, the following in 8-point type: "This act
13 provides for a bond issue of dollars ( )
14 to provide funds for the construction of local juvenile
15 justice facilities. " Opposite the square, there shall be left
16 .spaces in which the voters may place a cross in the
17 mannerrequired hyla w to indicate whether they vote for
18 or against the act.
19 Where the voting in the election is done by means of
20 voting machines used pursuant to la win the manner that
21 carries out the intent of this section, the use of the voting
22 machines and the expression of the voters' choice by
23 means thereof are in compliance with this section.
24 SEC. 5. This act is an urgency statute necessary for the
25 immediate preservation of the public peace, health, or
26 safety within the meaning of Article IV of the
27 Constitution and shall go into immediate effect. The facts .
28 constituting the necessity are:
29 1-ft to enetet }trgetitly tieeded legislettieft feT- tke
4 30 pttrpase of plaeifig e3easttr-e eft
31 the ballet it 4-9% to ewe fitfidiiag fer the st -,t e =�„
32 ftffd refedeki-fg of leeal faeilities fe+ale .,&f ,aers, 4
33 is et! tkftt gais azet take e&et _
34 In order for the Local Juvenile Justice Facilities Bond
35 Act of1996 contained in Section I ofthis act to be included
36 on the November 5, 1996, statewide general election
37 ballot, it is necessary that this act take effect immediately.
O
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