HomeMy WebLinkAboutMINUTES - 04141998 - C69 TO: BOARD OF SUPERVISORS Centra
rI
FROM: Costa
PHIL BATCHELOR, COUNTY ADMINISTRATOR �.' - � s
h �V
County
DATE: April 1, 1998
SUBJECT: LEGISLATION: SB 2055 (COSTA) • CYA FEES
SPECIFIC REOUEST(S)OR RECOMMENOATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of SB 2055 by Senator Jim Costs.
BACKGROUND:
In adopting the County's 1998 Legislative Program, the Board adopted the following
language:
"13. Continue to support the efforts of CSAC,the Urban Counties
Caucus and the Chief Probation Officers Association to
eliminate or moderate in some manner the fees charged for
committing youth to the CYA,"
CSAC is sponsoring SB 2055. As amended March 23, 1998, SB 2055 does the
following:
Redirects a portion of the fee currently required to be paid to the California
Youth Authority (CYA)for committing a youth to CYA (the difference between
marginal cost and per capita cost) and returns it to the counter of commitment
to be placed in a Local Juvenile Justice Program Development Fund. Monies
in the Fund would be earmarked for juvenile programs and facilities dedicated
to the punishment, treatment and rehabilitation of juvenile offenders.
CONTINUED ON ATTACHMENT: -YES YES SIGNATURE: r �
�2( RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEEE
APPROVE OTHER
l
SIGNATURES): r
ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
__2L UNANIMOUS(ABSENT V } AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON T E DATE SHOWN,
ATTESTED
Contact PHIL BA CHELOR,CLERK OF THE BOARD OF
OO: SUPERVISORS AND COUNTY ADMINISTRATOR
See Page 2
BY_
Y DEPUTY
.............
Freezes the cost CYA can charge counties at the January 1, 1997 level. This
would remedy the fact that the per capita cost CYA charges counties has
continually increased (as counties send fewer juveniles to CYA, their per
juvenile cost increases).
Since January 1, 1997, CYA has charged counties fees of up to $35,000 for the
incarceration of "low level"juvenile offenders in its facilities. The method used by
CYA to calculate its costs appears to charge counties a higher rate per capita as
counties comply with the spirit of the law by sending fewer low level offenders to
CYA.
SB 2055 would make intelligent and creative changes to the application of these
charges and would return a portion of the fees to counties to be dedicated to juvenile
programs in the County.
SB 2055 is consistent with the Board's adopted Legislative Program. It is, therefore,
recommended that the Board indicate its support for SB 2055.
cc: County Administrator
County Probation Officer
Senator Jim Costa (Attention Larry Scheingold)
Room 5100 State Capitol
Sacramento, CA 95814
Steve Szalay, Executive Director
California State Association of Counties
1100 K Street, Suite 101
Sacramento, CA 95814
Casey Sparks Kaneko, Executive Director
Urban Counties Caucus
1100 K Street, Suite 101
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-2-
AMENDED IN SENATE MARCH 23, 1998
SENATE BILL No. 2055
Introduced by Senator Costa
(Phase pal coauthor: Senator. ainey)
February 20, 1998
An act to amend Seen 94aefSections 912 and912.5 of and
to add Sections 912.1 and 912.6 to, the Welfare and Institutions
Code, relating to the Department of the Youth Authority.
LEGLSLATWE COUNSEL'S DIGFS r
SR 2055, as amended, Costa. Department of the Youth
Authority: county payment rates.
Existing law requires each county to pay the state either
$150 per month or ewer in specified instances, an
alternative rate, for each person committed to the
Department of the Youth Authority by a juvenile court in that
county. The s er speeified Calculation of the alternative
rates paid by the county are is based upon the efeme eft
whieh the eex r be se specified percentages of
the per capita institutional itut Tonal cost of the department.
s bid weuld mike teehrAeah nemebawwtWe ehaftges te
these pie v
Ms hiff would .instead provide that calculation of the
alternative county payment rates shall be based upon
specified percentages of an undefined margznal institutional
cost of the departrnent, which would be l mited to an
unspeci ed m um amount. The bill mould require the
Department of the Youth Authority to provide counts with
monthly statements of the department's per capita
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SB 2055 - 2 -
institutional
"_ 2 -
.rnstitutional cost, not to exceed a specified m&dmu m,',and the
deparwtrnent's marginal institutional cost: The big would also
require counties to deposit sped6ed sures of money in the
Local juvenile justice Program Development Fund, which
would be required to be created in each county, to be
distributed by the county board ofsupervisors for specified
,purposes relating to the housing,punishment, treatment, and
rehabilitation ofjuvende offenders. .Because this bill would `
impose new duties on counties, it would create a
state-mandated local program.
The California Constituti
. ......... ......... ......... ......... .....111.1... 11.11.....
................_...... ......... ......... .._...... ......... ......... ......... ...............
.11.1.1 ......__...... ......... . ........ .........
—3 — SB 2055
1 applies to any person committed to the Department of
a, and the 2 the Youth Authority b juvenile court, other than those
voulalso �' y a�
the 3 persons who are subject to Section 912.5, including
i o d
td, n the
4 persons committed to the Department of the Youth
ty, to be 5 Authority prior to January 1, 1997,who on or after January
specified 6 1, 1997, remain in or return to the facilities described in
7 this section.
went, and
mewould 8 The Department of the Youth Authority shall present
create a 9 to the county, not more frequently than monthly, a claim
10 for the amount due the state under this section,which the
»eimburse 11 county shall process and pay pursuant to the provisions of
undated 12 Chapter 4 (commencing with Section 29700) of Division
�dures for 13 3 of Title 3 of the Government Code.
t ofa State 14 SEC. 2. .Section 912.1 is added to the Welfare and
es that do 15 Institutions Code, to read.•
'dares for 16 912.1. (a) The .Department of the Youth Authority
17 shall present to each county, not more frequently than
on State 18 monthly, a statement ofper capita institutional cost and
ndated by 19 a statement ofmarginal institutional cast.
be made .° 20 (b) As used in this section, `per capita institutional
21 cost" means the lesser of (1) the current per capita
ee•oe yes. 22 Institutional cost of the department or (2) the per capita
23 Institutional cost of the department as of January 1., 1997.
Amok 24 (c) As. used In this section and Section 912.5 the
is follows• 25 marginal institutional cost of the department shall not
26 exceed dollars (- J .
fare and 27 SEC. . 3 Section 912.5 of the Welfare and Institut oxis
28 Code is amended to read:
tion 912.5, 29 912.5. (a) For each person committed to the
xnitted to 30 Department of the Youth Authority by a juvenile court on
unty from 31 or after January 1, 1997, the county from which he or she
state one 32 is committed shall pay the state the following rate:
time that 33 (1) If the offense on which the commitment is based
he direct 34 is listed in.Section 4955 of Title 15 of the California Code
thorny, or 35 of Regulations, the rate is 50 percent of the per eaOt
or other 36 marginal institutional cost of the Department of the-
is placed 37 Youth Authority.
parole or 38 (2) If the offense on which the commitment is based
�atpense o f 39 is listed in Section 4956 of Title 15 of the California. Code
ds section 40 of Regulations, the rate is 75 percent of the per eal
98 98
SB 2055 - 4 -
1
4 -1 marginal institutional cost of the Department of the
2 Youth Authority.
3 (3) If the offense on which the commitment is based
4 is listed in Section 4957 of Title 15 of the California Code
5 of Regulations, the rate is 100 percent of the per eapit
5 marginal institutional cost of the Department of the
7 Youth Authority. r
8 (b) For purposes of this section, "the offense on which
9 the commitment is based" means any offense that has
10 been sustained by the juvenile court and that is included 1
11 in the determination of the maximum term of I
12 imprisonment by the juvenile court pursuant to Section I
13 731. I
14 (c) For purposes of this section,the charge against the 1
15 county shall not apply to periods of confinement that are I;
16 solely pursuant to a revocation of parole by the 'Youthful 1r
17 Offender Parole Board. I`
18 (d) The charge against the county prescribed by this V
19 section shall be in lieu of the charge prescribed by Section h
20 912 and not in addition to that charge. 2{
21 (e) The Department of the Youth Authority shall 21
22 present to the county,not more frequently than monthly, 2
23 a claim for the'amount due the state under this section, 23
24 which the county shall process and pay pursuant to the 24
25 provisions of Chapter 4 (commencing with Section 25
26 29700) of Division 3 of Title 3 of the Government Code. 26
27 (f) The . Department of the Youth Authority shall 27
28 adopt emergency regulations for implementation of this 28
29 section. 29
30 SEC. 4. Section 912.6 is added to the Welfare and 30
31 Institutions Code, to read: 31
32 912:6. (a) On and aper ,January 1, 1999, for each 32
33 person committed to the Department of the Youth 33
34 Authority by a juvenile court on or after January'1, .1997, 34
35 for an of ense listed m Sections 4955 to 4957 inclusive, of 35
36 Title 15 of the California Cade of fl'eguladons, the county 35
37 from which,he or she is committed shall make a deposit, 37
38 in the amount specif"red in subdivision (b), to the Local 38
39 Juvenile justice Program Development Fund, which 39
40 shall be established In each county. The board of AN 40
98
-5 — SLS 2055
of the y 1 supervisors ofthe countyshalldistribute.r oneysfrom the
2 fund solely for purposes related to programs and facibtres
is bad 3 for juveniles dedicated to punishment, ,treatment, and
iia. Cade 4 rehabih"tation ofjuvenile offenders and in a manner that
ea 5 will allow the county to house the maximum number of
of the 6 juvenile offenders in county facrlitYes
7 (b) For each person described in subdivision (a), the
a which 8 amount of funds deposited by the county into the Local
that. has 9 juvenile justice .Program Development Fund shall be
ncluded 10 calculated as follows:
:erYn of 11 (1) .If the offense on which the commitment is based
;Section 12 is listed in Section 4955 of Title 15 of the California Code
13 ofBegulatxons, the amount shall be 57 percent of the per
anst the 14 capita institutional cost of the Department of the Youth
that are 15 Authority, as reported to the county pursuant to Section
Youthful 16 912.1, less the amount paid by the county pursuant to
17 paragraph (1) of subdivision (a) of Section 912.5.
d by this 18 (2) .If the offense on which the commitment is based
y Section 19 rs listed in Section 4956 of Title 15 of the Calr"fornia Code
20 ofBegulations, the amount shall be 75 percent of the per
i shah � 21 capita institutional cost of the Department of the Youth
m:onthly, 22 .Authority, as reported to the county pursuant to Section
section, 23 912.1, less the amount pard by the county pursuant to
at to the 24 paragraph (2) of subdivrsion (a) of Section 912.5
Section 25 (3) If the offense on which the commitment is based
at Code. 26 is listed in Section 4957 of Title 15 of the Ca fornxa Cade
.ity shall 27 ofBegulations, the amountshall be 100percent ofthe per
rn of this 28 capita institutional cost of the .Departmentof the Youth
29 ,Authority, as reported to the county pursuant to Section
Tare and 30 912.1, less the amount paid by the county pursuant to
31 paragraph (3) of subrh'vision (a) of Section 912.5.
(or each 32 (c) For each person described?`in subdivision (a), the
e Youth 33 county shall make the depot required by this section at
1, 1997, 34 the same time that the county makes the payment with
fusive, of 35 respect to that person to the Department of the Youth
e county 36 Authority pursuant to Section 912.5
deposit, 37 SEC. 5. Notwithstanding Section 17610 of the
he I,oca1 38 Government verrrment Code,if the Commission on State Mandates
which 39 determines that this act contains costs mandated by the
Board of 4o state, reimbursement to local agencies and school
98 98
SB 2055 — 6-
1
-- 6 -1 districts for those costs shall be made pursuant to Part 7
2 (commencing with Section 17500) ofDivisiori 4 of Title
3 2 of the Government Code. If the statewide cost of the
4 claim for reimbursement does not exceed one million
5 dollars ($1.,000,000), reimbursement shall be trade from
6 the State Mandates Claims.Fund.
7 Notwithstanding Section 17580 of the Government
8 Code, unless otherwise spedBed, the provr'sions ofthis act
9 shall become operative on the same date that the act
10 takes effect pursuant to the Cal