Week of July 4, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of July 4th. The list includes bills that CALCASA is supporting and opposing. We included links to each bill, so that you can read the text. Help CALCASA push our legislative agenda by signing up and Taking Action!

AB 12 (Swanson D)   Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011.
Status: 7/7/2011-Enrolled and presented to the Governor at 12:15 p.m.
Location: 7/7/2011-A. ENROLLED
Summary:
Would enact the Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011, and would require that a person who is convicted of seeking to procure or procuring the sexual services of a prostitute, if the prostitute is under 18 years of age, be ordered to pay an additional fine not to exceed $25,000 to be available upon appropriation by the Legislature to fund programs and services for commercially sexually exploited minors in the counties where the underlying offenses are committed.

AB 44 (Logue R)   Inmates: release: notification.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Current law requires the Department of Corrections and Rehabilitation, when releasing prisoners on parole who have been convicted of a violent felony, as defined, or certain other felonies, as specified, to notify the law enforcement agency and the district attorney having jurisdiction over the community in which the person was convicted and also the law enforcement agency and district attorney having jurisdiction over the community in which the person is scheduled to be released. This bill would require that notification be sent 60 days prior to the scheduled release date of an inmate . The bill would conform the timeline for local comments to the longer notification period, as specified. This bill contains other related provisions and other current laws.

AB 90 (Swanson D)   Human trafficking: minors.
Status: 7/5/2011-Do pass as amended, and re-refer to the Committee on Appropriations.
Location: 7/5/2011-S. APPR.
Summary:
Current law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under current law, criminal profiteering activity is defined to include specified crimes, including human trafficking. This bill would include within the definition of criminal profiteering activity any crime in which the perpetrator induces, encourages, or persuades, or causes through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, a person under 18 years of age to engage in a commercial sex act. This bill contains other related provisions and other current laws.

AB 116 (Committee on Budget)   Criminal justice realignment.
Status: 7/7/2011-In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 9 pursuant to Assembly Rule 77.
Location: 7/7/2011-A. CONCURRENCE
Summary:
Current law creates the California Council on Criminal Justice with certain powers and duties. SB 92 of the 2011-12 Regular Session would eliminate the California Council on Criminal Justice and assign its powers and duties to the Board of State and Community Corrections. This bill would restore the California Council on Criminal Justice and delay the elimination and assignment of its powers and duties to the Board of State and Community Corrections until July 1, 2012. The bill would also make other specified provisions amended by SB 92 related to the Gang Violence Suppression Program within the Board of State and Community Corrections operative on July 1, 2012. This bill contains other related provisions and other current laws.

AB 220 (Solorio D)   Interstate Compact for Juveniles.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
The Interstate Compact for Juveniles, among other things, provides for the establishment of rules and procedures for the tracking and supervision or return of juveniles and juvenile offender among compacting states. Current law makes the Interstate Compact for Juveniles operative in this state, and designates the executive director of the Correction Standards Authority as the compact administrator, until January 1, 2014. This bill would extend the operation of those provisions in this state until January 1, 2014.

AB 308 (Ammiano D)   Criminal investigations: eyewitness identification: lineups.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Current law does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications. This bill would declare the legislative intent that law enforcement officials study and consider adopting the policies and procedures regulating eyewitness lineup identifications that are recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill contains other related provisions and other current laws.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Would require local law enforcement agencies responsible for taking or collecting rape kit evidence to annually report to the Department of Justice statistical information pertaining to the testing and submission for DNA analysis of rape kits, as specified. The initial report would be due by July 1, 2013. The reports received by the department would be subject to inspection under the California Public Records Act. This bill contains other related provisions and other current laws.

AB 364 (Bonilla D)   Restitution: asset seizures: fraud and embezzlement.
Status: 7/6/2011-Ordered to special consent calendar.
Location: 7/6/2011-S. CONSENT CALENDAR
Summary:
Current law provides for enhanced penalties in the case of a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, and further provides that assets or property may be preserved by the court, as specified, in order to pay restitution and fines imposed in connection with those enhanced penalties. This bill would, in addition, provide for the preservation of assets and property by the court in order to pay all restitution and fines, and would apply those preservation of assets provisions in the case of a person who commits a single felony, a material element of which is fraud or embezzlement, if that conduct involves the taking or loss of more than $100,000. This bill contains other related provisions and other current laws.

AB 434 (Logue R)   County penalties: forensic laboratories.
Status: 7/7/2011-Read second time. Ordered to third reading.
Location: 7/7/2011-S. THIRD READING
Summary:
Would provide that, if authorized by a resolution of the board of supervisors, a local sheriff or police department, or the district attorney’s office, may use funds remaining in the county’s DNA Identification Fund , either independently or in combination with remaining funds from another county, to provide supplemental funding to a qualif ied local or regional state forensic laboratory , as defined, for expenditures and administrative costs made or incurred in connection with the processing, analysis, and comparison of DNA crime scene samples and forensic identification samples, and testimony related to that analysis, as specified. The bill would declare that its provisions further the initiative act, and are consistent with its purposes.

AB 446 (Carter D)   Juveniles: restorative justice program.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Would authorize a county to adopt a restorative justice program to address the needs of minors, victims, and the community. The bill would require the restorative justice program to be implemented through a restorative justice protocol developed by the juvenile court in conjunction with the prosecutor, public defender, and other interested groups. The bill would prohibit the use of General Fund moneys to fund the program. The bill would include related findings and declarations.

AB 454 (Silva R)   Protective orders: early termination.
Status: 7/1/2011-Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 0.).
Location: 7/1/2011-A. ENROLLMENT
Summary:
Would require, if an action is filed for the purpose of terminating or modifying specified protective orders prior to their expiration by a party other than the protected party, that the party who is protected by the order be given notice, as specified, of the proceeding to hear that action prior to the hearing, as specified. The bill would require a court to deny the motion to modify or terminate the order without prejudice or continue the hearing if the party cannot be notified prior to the hearing, provided that upon a showing of good cause, the bill would authorize a court to specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The bill would permit the protected person to waive his or right to notice under specified circumstances.

AB 520 (Ammiano D)   Vehicles: reckless driving: suspension of licenses.
Status: 7/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Would terminate a driver’s license suspension, and make the person eligible for a restricted driver’s license, for a person convicted of reckless driving in satisfaction of, or substitute for, an original charge of driving-under-the-influence, if certain conditions are met, including that the person complete a 90-day suspension period and install an ignition interlock device. The bill would require the department to advise the person of the above conditions. The bill would require that the restricted driver’s license privilege be subject to certain restrictions, including that the privilege be limited to the hours necessary for driving from the person’s place of employment.

AB 588 (V. Manuel Pérez D)   Tenancy: victims of domestic violence.
Status: 7/7/2011-Enrolled and presented to the Governor at 12:15 p.m.
Location: 7/7/2011-A. ENROLLED
Summary:
Current law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence and intends to terminate the tenancy, and requires that the tenant attach a copy of a temporary restraining order, emergency protective order, or a report by a peace officer to the notice. Current law permits the tenant to quit the premises after notification and limits the tenant’s obligation for payment of rent, as specified. Current law requires the notice to terminate the tenancy to be given within 60 days of the date the order was issued or the report was made, or as specified. This bill instead would require that the notice to terminate the tenancy be given within 180 days of the date the order was issued or the report was made, or as specified. The bill would also make nonsubstantive, technical corrections.

AB 648 (Block D)   Clemency.
Status: 7/6/2011-From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Location: 7/6/2011-S. APPR.
Summary:
Would require that, at least 10 days before the Governor acts upon any application for a commutation, the application signed by the person applying be served upon the district attorney of the county where the conviction was had. The bill would authorize the district attorney to submit a written recommendation to the Governor for or against commutation of sentence. The bill would further require the district attorney to make reasonable efforts to notify the victim or victims of the crime or crimes related to the application for commutation of sentence and those persons’ family members, and allow those persons to submit a recommendation to the Governor for or against commutation of sentence. By imposing additional duties on the district attorney, this bill would create a state-mandated local program. This bill contains other related provisions and other current laws.

AB 764 (Swanson D)   Personal income taxes: voluntary contributions: Child Victims of Human Trafficking Fund.
Status: 7/5/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 7/5/2011-S. APPR.
Summary:
Current law relating to the administration of personal income taxes authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. This bill would allow an individual taxpayer to designate on the tax return, that a specified amount in excess of the tax liability be transferred to the Child Victims of Human Trafficking Fund established in the State Treasury. This bill contains other related provisions.

AB 799 (Swanson D)   Commercially sexually exploited minors.
Status: 7/5/2011-Chaptered by the Secretary of State, Chapter Number 51, Statutes of 2011
Location: 7/5/2011-A. CHAPTERED
Summary:
Current law, until January 1, 2012, authorizes the District Attorney of Alameda County to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. This bill would extend the repeal date of these provisions to January 1, 2017. This bill would also require the district attorney to submit, on or before April 1, 2016, a prescribed report to the Legislature, contingent upon specified events.

AB 886 (Cook R)   Victim’s rights: victim impact statement.
Status: 7/7/2011-Enrolled and presented to the Governor at 12:15 p.m.
Location: 7/7/2011-A. ENROLLED
Summary:
Current law establishes the rights of crime victims, witnesses, and other specified persons to appear, reasonably express his or her views, and to have the court consider his or her statements. This bill would prohibit the court from releasing the statements to the public prior to being heard in court.

AB 898 (Alejo D)   Crime victims: restitution: fine.
Status: 6/28/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR.
Location: 6/28/2011-S. APPR.
Summary:
Would make the minimum restitution fine not less than $300 , if the person is convicted of a felony, and not less than $150 , if the person is convicted of a misdemeanor, and make other conforming changes. By increasing the amounts deposited into the Restitution Fund, this bill would make an appropriation.

SB 26 (Padilla D)   Prisons: wireless communication devices.
Status: 7/5/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. This bill contains other related provisions and other current laws.

SB 57 (Runner R)   Sex offenders: social networking and online address notification requirement.
Status: 7/5/2011-Do pass and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would, commencing January 1, 2013, require a person who is required to register as a sex offender to provide to the law enforcement agency with which he or she last registered all of his or her online names, addresses, e-mail addresses, and instant messaging user names for all of his or her accounts on social networking Internet Web sites, as defined, at the time of original registration or any subsequent registration and within 30 days of establishing a new online name, address , or account, as specified, and would make it a misdemeanor to fail to do so. This bill would permit information received pursuant to these provisions to be shared with other local law enforcement agencies, upon request. By creating a new crime , this bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 92 (Committee on Budget and Fiscal Review)   Budget Act of 2011.
Status: 6/30/2011-Chaptered by Secretary of State – Chapter 36, Statutes of 2011.
Location: 7/1/2011-S. CHAPTERED
Summary:
Current law creates the California Emergency Council consisting of certain members and assigned certain powers and duties. This bill would, effective January 1, 2012, eliminate the California Emergency Council and would empower the California Emergency Management Agency to serve as the state disaster council for purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement. This bill contains other related provisions and other current laws.

SB 139 (Alquist D)   Corrections: Inspector General.
Status: 7/7/2011-Set, first hearing. Referred to APPR. suspense file.
Location: 7/7/2011-A. APPR. SUSPENSE FILE
Summary:
Would authorize the Inspector General, or its successor, to oversee, and the Department of Corrections and Rehabilitation to oversee and conduct, periodic and random searches of employees and vendors entering the secure perimeter of a state prison under the jurisdiction of the department for contraband, and require the department to report to the Inspector General and the Legislature quarterly regarding those searches, as specified.

SB 179 (Pavley D)   Sex offenders: parole.
Status: 7/5/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would provide that for any person subject to a sexually violent predator proceeding, as specified, an order issued by a judge pursuant to specified provisions, finding that the petition supports a finding of probable cause to believe that the person is likely to engage in sexually violent criminal behavior upon his or her release, shall toll the period of parole of that person, from the date that person is released until a specified court order is entered. This bill contains other related provisions and other current laws.

SB 233 (Pavley D)   Emergency services and care.
Status: 7/7/2011-From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (July 5).
Location: 7/7/2011-A. APPR.
Summary:
Would recast the definition of emergency services and care to include other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of consultation to also mean the rendering of a decision regarding hospitalization or transfer and would provide that consultation includes review of the patient’s medical record, examination, and treatment of the patient in person by a consulting physician and surgeon when determined to be medically necessary jointly by the treating physician and surgeon and the consulting physician and surgeon, or by other appropriate personnel acting within their scope of practice or licensure under the supervision of a physician and surgeon. The bill would authorize the treating physician and surgeon to request to communicate directly with the consulting physician and surgeon, and would require the consulting physician and surgeon to examine and treat the patient in person when it is determined to be medically necessary, as specified. This bill would expand the definition of when stabilization of a patient has occurred to include the opinion of other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill contains other related provisions and other current laws.

SB 285 (Correa D)   Massage therapy instruction: fraud: criminal prosecutions.
Status: 7/7/2011-Read second time. Ordered to consent calendar.
Location: 7/7/2011-A. CONSENT CALENDAR
Summary:
Would provide that a person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that the person has not received instruction in massage therapy or knowing that the person has not received massage therapy instruction consistent with that document or affirmation is guilty of a misdemeanor and is subject to specified penalties. By creating a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

SB 428 (Strickland R)   Lester’s Law of 2011.
Status: 7/7/2011-Read second time. Ordered to consent calendar.
Location: 7/7/2011-A. CONSENT CALENDAR
Summary:
Current law generally regulates governmental access to financial records. Current law provides that the dissemination of records pursuant to specified provisions shall not be prohibited. This bill would include within that category of records which the dissemination of shall not be prohibited, the dissemination of financial information and records pursuant to an order by a judge under specified authority relating to mortgage fraud. This bill contains other related provisions and other current laws.

SB 490 (Hancock D)   Death penalty.
Status: 7/7/2011-Do pass as amended and be re-referred to the Committee on Appropriations.
Location: 7/7/2011-A. APPR.
Summary:
Would abolish the death penalty, and provide instead for imprisonment in the state prison for life without the possibility of parole. The bill would halt executions unless the voters fail to approve this bill and would provide that where a defendant or inmate was sentenced to death prior to the date of the enactment of the bill, upon voter approval of this bill, the defendant’s or inmate’s sentence would automatically be converted to life imprisonment without the possibility of parole. The bill would state findings and declarations of the Legislature regarding the death penalty. The bill would provide that it would only become effective if certain of its provisions are submitted to and approved by the electors at the next statewide general election.

SB 557 (Kehoe D)   Family justice centers.
Status: 7/7/2011-Read second time and amended. Ordered to second reading.
Location: 7/7/2011-A. SECOND READING
Summary:
Would authorize the Cities of San Diego and Anaheim, and the Counties of Alameda and Sonoma, until January 1, 2014, to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, officer-involved domestic violence, sexual assault, elder or dependent adult abuse, stalking, cyberstalking, cyberbullying, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location and to enhance victim safety, increase offender accountability, and improve access to services for victims of crime, as provided. The bill would permit the family justice centers to be staffed by law enforcement, medical, social service, and child welfare personnel, among others. This bill would require each family justice center to consult with community-based crime victim agencies, survivors of violence and abuse, and their advocates in the operation of the family justice center and to develop a procedure for input, feedback, and evaluation of the family justice center. This bill contains other related provisions.

SB 576 (Calderon D)   Sentencing.
Status: 7/7/2011-Set, first hearing. Referred to APPR. suspense file.
Location: 7/7/2011-A. APPR. SUSPENSE FILE
Summary:
Current law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Current provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing, operative until January 1, 2012, generally specify that the appropriate term rests within the sound discretion of the court. Current law, operative on and after January 1, 2012, instead requires the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime. This bill would extend to January 1, 2014 , the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill contains other related provisions.

SB 601 (Hancock D)   Corrections: prisons: accountability report.
Status: 7/5/2011-Do pass and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation to develop a Corrections Accountability Report containing specified information regarding each institution, including, among other information, the total budget, including actual expenditures, staff vacancies, overtime, sick leave; and the number of authorized staff positions, and the average length of lockdowns , on January 10, March 15, and a fiscal year-end report, and to post those reports on the department’s Internet Web site , as provided .

SB 622 (Corbett D)   Sex offenders: registration.
Status: 7/5/2011-Do pass and be re-referred to the Committee on Appropriations.
Location: 7/5/2011-A. APPR.
Summary:
Current law, the Sex Offender Registration Act, requires persons who have been convicted of specified crimes to register as sex offenders, including persons who have been convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as one or more specified sex crimes. This bill would instead require registration for any person who has been convicted in any other court, including any state, federal, or military court, of any offense that, based on the elements of the convicted offense or proven or stipulated facts in the record of conviction, as specified, would have been punishable as one or more of the above-referenced specified sex crimes. This bill contains other related provisions and other current laws.

SB 756 (Price D)   Sex offender registration.
Status: 7/7/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 7/7/2011-A. APPR.
Summary:
Current law requires persons who are subject to the Sex Offender Registration Act to, upon release from incarceration, placement, commitment, or release on probation, register or reregister with the chief of police of the city in which he or she is residing, or in which he or she is present if a transient, or the sheriff of the county if he or she is residing or is present in an unincorporated area or city that has no police department, as specified. A violation of the registration requirement is an offense that may be punished as a misdemeanor, or as a felony if additional circumstances exist. The bill would provide that if a person fails to so register after release, the district attorney in the jurisdiction where the person was to be paroled or to be on probation, or the district attorney in another specified jurisdiction if the person was not released on parole or probation, may request that a warrant be issued for the person’s arrest and shall have authority to prosecute that person as specified.

SB 852 (Harman R)   Corrections: victim notification.
Status: 7/5/2011-Do pass, and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.
Location: 7/5/2011-A. CONSENT CALENDAR
Summary:
Current law requires the Department of Corrections and Rehabilitation, county sheriff, and director of the local department of corrections, upon request, to give notice, as specified, prior to the release from state prison or county jail, of any person convicted of specified offenses, or of any change in parole status or relevant change in parole location, or if the person absconds from supervision while on parole, to a victim of the offense and others, as specified. Current law provides for this notice by telephone and certified mail, and requires those persons requesting notice to provide current address and telephone numbers, as specified. This bill would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available. This bill contains other related provisions and other current laws.

SB 861 (Corbett D)   Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 7/6/2011-Action From J., E.D. & E.: Do pass.To APPR..
Location: 7/7/2011-A. APPR.
Summary:
Current law authorizes contracting between state agencies and private contractors and sets forth requirements for the procurement of goods and services by state agencies and the various responsibilities of state agencies and the Department of General Services in implementing state contracting procedures and policies. This bill would prohibit a scrutinized company, as defined, from entering into a contract with a state agency for goods or services, as provided. This bill contains other related provisions.

Week of June 27, 2011

Below is a summary of actions filed on legislation that CALCASA is currently tracking as of June 27th. The list includes bills that CALCASA is supporting and opposing. We included links to each bill, so that you can read the text. Help CALCASA push our legislative agenda by signing up and Taking Action!

AB 12 (Swanson D)   Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011.
Status: 6/27/2011-In Assembly. Ordered to Engrossing and Enrolling.
Location: 6/27/2011-A. ENROLLMENT
Summary:
Would enact the Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011, and would require that a person who is convicted of seeking to procure or procuring the sexual services of a prostitute, if the prostitute is under 18 years of age, be ordered to pay an additional fine not to exceed $25,000 to be available upon appropriation by the Legislature to fund programs and services for commercially sexually exploited minors in the counties where the underlying offenses are committed.

AB 13 (Knight R)   Public school volunteers.
Status: 6/29/2011-In committee: Set second hearing. Failed passage. Reconsideration granted.
Location: 6/29/2011-S. ED.
Summary:
Would specify that each of these provisions applies to charter schools. The bill would also authorize a school district, county office of education, or charter school to request a local law enforcement agency to conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether that person has been convicted of a felony controlled substance offense that involves a minor or a violent or serious felony, as specified. The bill would additionally prohibit persons who have been convicted of violent or serious felonies, specified sex offenses, or felony controlled substance offenses, as specified, from serving as nonteaching volunteer aides , but would provide that a person would not be prohibited from serving as a nonteaching volunteer aide solely because of a conviction of a controlled substance offense that involves a minor or a violent or serious felony 5 years after the date of that conviction . This bill contains other current laws.

AB 90 (Swanson D)   Human trafficking: minors.
Status: 6/27/2011-From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
Location: 6/27/2011-S. PUB. S.
Summary:
Current law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under current law, criminal profiteering activity is defined to include specified crimes, including human trafficking. This bill would include within the definition of criminal profiteering activity any crime in which the perpetrator induces, encourages, or persuades, or causes through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, a person under 18 years of age to engage in a commercial sex act. This bill contains other related provisions and other current laws.

AB 116 (Committee on Budget)   Public safety.
Status: 6/29/2011-Read second time. Ordered to third reading.
Location: 6/29/2011-S. THIRD READING
Summary:
Current law creates the California Emergency Council consisting of certain members and assigned certain powers and duties. This bill would , effective January 1, 2012, eliminate the California Emergency Council and would empower the California Emergency Management Agency to serve as the state disaster council for purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement. This bill contains other related provisions and other current laws.

AB 178 (Gorell R)   County jail: release pursuant to federal court order.
Status: 6/28/2011-In committee: Set, first hearing. Testimony taken. Further hearing to be set.
Location: 6/28/2011-S. PUB. S.
Summary:
Would require a defendant who is being released prior to sentencing by county jail personnel, pursuant to a court order or policy mandating the release of inmates, to sign a release agreement with the same requirements as those pertaining to a defendant who is released under his or her own recognizance, including the defendant’s promise to appear at the time and place he or she is given in writing by the jail personnel at the time of release. This bill contains other related provisions and other current laws.

AB 239 (Ammiano D)   Crime laboratories: oversight.
Status: 6/28/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 6/28/2011-S. APPR.
Summary:
Would require the Crime Laboratory Review Task Force force to be reconvened and to submit to the Legislature a supplemental report, on or before July 1, 2013, that includes a proposal regarding the composition of a statewide oversight body to perform tasks relating to crime laboratories, including overseeing investigations into acts of misconduct or negligence committed by any employee or contractor of a crime laboratory, as specified. The bill would include a statement of legislative findings and declarations.

AB 288 (Fong D)   Public postsecondary education: community colleges: expulsion hearing.
Status: 6/27/2011-In committee: Placed on APPR. suspense file.
Location: 6/27/2011-S. APPR. SUSPENSE FILE
Summary:
Current law establishes community college districts, administered by a governing board, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. This bill would authorize the governing board of a district to either deny enrollment, permit enrollment, or permit conditional enrollment to any individual who has been expelled from a community college within the preceding 5 years, or who is, at the time of the application, undergoing expulsion procedures, for certain offenses, as provided, if the board determines that the person continues to pose a risk to the safety of others. This bill would require the board or a delegate to hold a hearing, before taking action to deny enrollment or permit conditional enrollment, before making the determination as to whether the person continues to pose a risk. The bill would authorize a governing board of a district to delegate its authority under these provisions to the superintendent or president of the district, or to his or her designee. This bill contains other related provisions and other current laws.

AB 322 (Portantino D)   Forensic evidence: rape kits.
Status: 6/28/2011-From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
Location: 6/28/2011-S. PUB. S.
Summary:
Would require local law enforcement agencies responsible for taking or collecting rape kit evidence to annually report to the Department of Justice statistical information pertaining to the testing and submission for DNA analysis of rape kits, as specified. The initial report would be due by July 1, 2013. The reports received by the department would be subject to inspection under the California Public Records Act. This bill contains other related provisions and other current laws.

AB 364 (Bonilla D)   Restitution: asset seizures: fraud and embezzlement.
Status: 6/28/2011-Read second time. Ordered to third reading.
Location: 6/28/2011-S. THIRD READING
Summary:
Current law provides for enhanced penalties in the case of a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, and further provides that assets or property may be preserved by the court, as specified, in order to pay restitution and fines imposed in connection with those enhanced penalties. This bill would, in addition, provide for the preservation of assets and property by the court in order to pay all restitution and fines, and would apply those preservation of assets provisions in the case of a person who commits a single felony, a material element of which is fraud or embezzlement, if that conduct involves the taking or loss of more than $100,000. This bill contains other related provisions and other current laws.

AB 446 (Carter D)   Juveniles: restorative justice program.
Status: 6/28/2011-In committee: Set first hearing. Failed passage. Reconsideration granted.
Location: 6/28/2011-S. PUB. S.
Summary:
Would authorize a county to adopt a restorative justice program to address the needs of minors, victims, and the community. The bill would require the restorative justice program to be implemented through a restorative justice protocol developed by the juvenile court in conjunction with the prosecutor, public defender, and other interested groups. The bill would prohibit the use of General Fund moneys to fund the program. The bill would include related findings and declarations.

AB 454 (Silva R)   Protective orders: early termination.
Status: 6/27/2011-In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 29 pursuant to Assembly Rule 77.
Location: 6/27/2011-A. CONCURRENCE
Summary:
Would require, if an action is filed for the purpose of terminating or modifying specified protective orders prior to their expiration by a party other than the protected party, that the party who is protected by the order be given notice , as specified, of the proceeding to hear that action prior to the hearing, as specified. The bill would require a court to deny the motion to modify or terminate the order without prejudice or continue the hearing if the party cannot be notified prior to the hearing, provided that upon a showing of good cause, the bill would authorize a court to specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The bill would permit the protected person to waive his or right to notice under specified circumstances.

AB 520 (Ammiano D)   Vehicles: reckless driving: suspension of licenses.
Status: 6/28/2011-From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
Location: 6/28/2011-S. PUB. S.
Summary:
Would terminate a driver’s license suspension, and make the person eligible for a restricted driver’s license, for a person convicted of reckless driving in satisfaction of, or substitute for, an original charge of driving-under-the-influence, if certain conditions are met, including that the person complete a 90-day suspension period and install an ignition interlock device. The bill would require the department to advise the person of the above conditions. The bill would require that the restricted driver’s license privilege be subject to certain restrictions, including that the privilege be limited to the hours necessary for driving from the person’s place of employment.

AB 545 (John A. Pérez D)   Domestic violence: corporal injury.
Status: 6/28/2011-In committee: Set, first hearing. Testimony taken. Further hearing to be set.
Location: 6/28/2011-S. PUB. S.
Summary:
Under current law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, is guilty of a felony, punishable as specified. This bill would make those provisions apply to the infliction of that type of injury on the fiancé or fiancée of that person or on someone with whom the person has, or previously had, a dating or engagement relationship. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

AB 588 (V. Manuel Pérez D)   Tenancy: victims of domestic violence.
Status: 6/27/2011-In Assembly. Ordered to Engrossing and Enrolling.
Location: 6/27/2011-A. ENROLLMENT
Summary:
Current law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence and intends to terminate the tenancy, and requires that the tenant attach a copy of a temporary restraining order, emergency protective order, or a report by a peace officer to the notice. Current law permits the tenant to quit the premises after notification and limits the tenant’s obligation for payment of rent, as specified. Current law requires the notice to terminate the tenancy to be given within 60 days of the date the order was issued or the report was made, or as specified. This bill instead would require that the notice to terminate the tenancy be given within 180 days of the date the order was issued or the report was made, or as specified. The bill would also make nonsubstantive, technical corrections.

AB 648 (Block D)   Clemency.
Status: 6/28/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 27). Re-referred to Com. on APPR.
Location: 6/28/2011-S. APPR.
Summary:
Would require that, at least 10 days before the Governor acts upon any application for a commutation, the application signed by the person applying be served upon the district attorney of the county where the conviction was had. The bill would authorize the district attorney to submit a written recommendation to the Governor for or against commutation of sentence. The bill would further require the district attorney to notify the victim or victims of the crime or crimes related to the application for commutation of sentence and those persons’ family members, and allow those persons to submit a recommendation to the Governor for or against commutation of sentence. By imposing additional duties on the district attorney, this bill would create a state-mandated local program. This bill contains other related provisions and other current laws.

AB 764 (Swanson D)   Personal income taxes: voluntary contributions: Child Victims of Human Trafficking Fund.
Status: 6/29/2011-Do pass as amended, and re-refer to the Committee on Appropriations.
Location: 6/29/2011-S. APPR.
Summary:
Current law relating to the administration of personal income taxes authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. This bill would allow an individual taxpayer to designate on the tax return, that a specified amount in excess of the tax liability be transferred to the Child Victims of Human Trafficking Fund established in the State Treasury . This bill contains other related provisions.

AB 765 (Achadjian R)   Crimes: rape.
Status: 6/28/2011-In committee: Set, first hearing. Testimony taken. Further hearing to be set.
Location: 6/28/2011-S. PUB. S.
Summary:
Current law provides various circumstances that constitute rape including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. This bill would additionally provide that this type of rape occurs where the person submits under the belief that the person committing the act is the victim’s cohabitant, as provided. This bill contains other related provisions and other current laws.

AB 813 (Fletcher R)   Sex offenders: punishment: parole.
Status: 6/28/2011-From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 4. Noes 0.) (June 28). Re-referred to Com. on APPR.
Location: 6/28/2011-S. APPR.
Summary:
Current law creates the Sex Offender Management Board, within the jurisdiction of the Department of Corrections and Rehabilitation, empowered to address any issues, concerns, and problems related to the community management of adult sex offenders, including the main objective of the board to achieve safer communities by reducing victimization. The board is required, on or before July 1, 2011, to develop and update standards for certification of sex offender management professionals. This bill would give board members immunity from liability for their good faith conduct. The bill would provide that any person who knowingly provides false information in connection with an application for certification as a sex offender management professional would be subject to a civil penalty of up to $1,500, in addition to any other remed y available to the board, and would allow any public prosecutor to bring an action for a civil penalty in the name of the people of the State of California . This bill contains other related provisions and other current laws.

AB 886 (Cook R)   Victim’s rights: victim impact statement.
Status: 6/27/2011-In Assembly. Ordered to Engrossing and Enrolling.
Location: 6/27/2011-A. ENROLLMENT
Summary:
Current law establishes the rights of crime victims, witnesses, and other specified persons to appear, reasonably express his or her views, and to have the court consider his or her statements. This bill would prohibit the court from releasing the statements to the public prior to being heard in court.

AB 898 (Alejo D)   Crime victims: restitution: fine.
Status: 6/28/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 27). Re-referred to Com. on APPR.
Location: 6/28/2011-S. APPR.
Summary:
Would make the minimum restitution fine not less than $300 , if the person is convicted of a felony, and not less than $150 , if the person is convicted of a misdemeanor, and make other conforming changes. By increasing the amounts deposited into the Restitution Fund, this bill would make an appropriation.

SB 92 (Committee on Budget and Fiscal Review)   Budget Act of 2011.
Status: 7/1/2011-Signed by the Governor
Location: 7/1/2011-S. CHAPTERED
Summary:
Current law creates the California Emergency Council consisting of certain members and assigned certain powers and duties. This bill would, effective January 1, 2012, eliminate the California Emergency Council and would empower the California Emergency Management Agency to serve as the state disaster council for purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement. This bill contains other related provisions and other current laws.

SB 119 (Lowenthal D)   Emergency youth shelter facilities.
Status: 6/30/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 6/30/2011-A. APPR.
Summary:
Would include with the definition of a community care facility an emergency youth shelter facility, as defined, for specified youth at least 12 years of age and under 18 years of age, except as specified, who are homeless or at risk of being homeless. The bill would require the department to adopt regulations for these facilities by January 1, 2013, as specified . Until the adoption of the regulations, the bill would require the department to grant facilities that satisfy the definition of an emergency youth shelter a waiver for current licensing standards, under certain circumstances. This bill would allow an emergency youth shelter that is operating under a group home license to apply for an immediate transfer to an emergency youth shelter license, upon adoption of the regulations required under the bill. This bill contains other related provisions and other current laws.

SB 233 (Pavley D)   Emergency services and care.
Status: 6/28/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on HEALTH.
Location: 6/28/2011-A. HEALTH
Summary:
Would recast the definition of emergency services and care to include other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill would expand the definition of consultation to also mean the rendering of a decision regarding hospitalization or transfer and would provide that consultation includes review of the patient’s medical record, examination, and treatment of the patient in person by a consulting physician and surgeon when determined to be medically necessary jointly by the treating physician and surgeon and the consulting physician and surgeon, or by other appropriate personnel acting within their scope of practice or licensure under the supervision of a physician and surgeon. The bill would authorize the treating physician and surgeon to request to communicate directly with the consulting physician and surgeon, and would require the consulting physician and surgeon to examine and treat the patient in person when it is determined to be medically necessary, as specified. This bill would expand the definition of when stabilization of a patient has occurred to include the opinion of other appropriate licensed persons acting within their scope of licensure under the supervision of a physician and surgeon. This bill contains other related provisions and other current laws.

SB 428 (Strickland R)   Lester’s Law of 2011.
Status: 6/27/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on APPR.
Location: 6/27/2011-A. APPR.
Summary:
Current law generally regulates governmental access to financial records. Current law provides that the dissemination of records pursuant to specified provisions shall not be prohibited. This bill would include within that category of records which the dissemination of shall not be prohibited, the dissemination of financial information and records pursuant to an order by a judge under specified authority relating to mortgage fraud. This bill contains other related provisions and other current laws.

SB 490 (Hancock D)   Death penalty.
Status: 6/28/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Location: 6/28/2011-A. PUB. S.
Summary:
Would abolish the death penalty, and provide instead for imprisonment in the state prison for life without the possibility of parole. The bill would halt executions unless the voters fail to approve this bill and would provide that where a defendant or inmate was sentenced to death prior to the date of the enactment of the bill, upon voter approval of this bill, the defendant’s or inmate’s sentence would automatically be converted to life imprisonment without the possibility of parole. The bill would state findings and declarations of the Legislature regarding the death penalty. The bill would provide that it would only become effective if certain of its provisions are submitted to and approved by the electors at the next statewide general election.

SB 534 (Corbett D)   Victims of sexual assault.
Status: 6/28/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 6/28/2011-A. APPR.
Summary:
(1) Current law provides that no costs incurred by a qualified health care professional, hospital, or other emergency medical facility for the examination of the victim of a sexual assault for the purposes of gathering evidence for possible prosecution shall be charged directly or indirectly to the victim of the assault. Current law provides that the law enforcement agency in the jurisdiction in which the alleged sexual assault was committed which requests the examination has the option of determining whether or not the examination will be performed in the office of a physician and surgeon, and bills fo r those costs shall be submitted to that local jurisdiction and the local jurisdiction shall bear those costs. This bill would delete the provision requiring that the costs be treated as local costs and charged to the local government agency in whose jurisdiction the alleged offense was committed, and the provision that the bills for the costs shall be submitted to the local law enforcement agency. This bill would delete the provision giving the local law enforcement agency the option of whether or not the examination will be performed in the office of a physician and surgeon. This bill contains other related provisions and other current laws.

SB 557 (Kehoe D)   Family justice centers.
Status: 6/28/2011-Do pass, as amended, to Consent Calendar.
Location: 6/28/2011-A. CONSENT CALENDAR
Summary:
Would authorize the Cities of San Diego and Anaheim, and the Counties of Alameda and Sonoma, until January 1, 2014, to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, officer-involved domestic violence, sexual assault, elder or dependent adult abuse, stalking, cyberstalking, cyberbullying, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location and to enhance victim safety, increase offender accountability, and improve access to services for victims of crime, as provided. The bill would permit the family justice centers to be staffed by law enforcement, medical, social service, and child welfare personnel, among others. This bill contains other related provisions.

SB 576 (Calderon D)   Sentencing.
Status: 6/28/2011-Read second time and amended. Re-referred to Com. on APPR.
Location: 6/28/2011-A. APPR.
Summary:
Current law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Current provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing, operative until January 1, 2012, generally specify that the appropriate term rests within the sound discretion of the court. Current law, operative on and after January 1, 2012, instead requires the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime. This bill would extend to January 1, 2014 , the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill contains other related provisions.

SB 601 (Hancock D)   Corrections: prisons: accountability report.
Status: 6/28/2011-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Location: 6/28/2011-A. PUB. S.
Summary:
Would require the Secretary of the Department of Corrections and Rehabilitation to develop a Corrections Accountability Report containing specified information regarding each institution, including, among other information, the total budget, including actual expenditures, staff vacancies, overtime, sick leave; and the number of authorized staff positions, and the average length of lockdowns , on January 10, March 15, and a fiscal year-end report, and to post those reports on the department’s Internet Web site , as provided .

SB 861 (Corbett D)   Public contracts: contract eligibility: conflict minerals in the Democratic Republic of the Congo.
Status: 6/28/2011-From committee: Do pass and re-refer to Com. on J., E.D. & E. (Ayes 8. Noes 0.) (June 28). Re-referred to Com. on J., E.D. & E.
Location: 6/28/2011-A. J., E.D. & E.
Summary:
Current law authorizes contracting between state agencies and private contractors and sets forth requirements for the procurement of goods and services by state agencies and the various responsibilities of state agencies and the Department of General Services in implementing state contracting procedures and policies. This bill would prohibit a scrutinized company, as defined, from entering into a contract with a state agency for goods or services, as provided. This bill contains other related provisions.

During a midday press conference, Governor Jerry Brown signed the 2011-12 State Budget as well as a dozen trailer bills that contain $11.2 billion in cuts to state services and programs. These cuts were laid out by the Governor in January and said to be necessary to close the state’s $26.4 billion deficit.

CALCASA and our partners at the Capitol worked diligently to ensure rape crisis centers will continue to receive funding throughout the next fiscal year. We advocated the Legislature avoid the same situation in 2010 where 100-day budget impasse led to centers around the state to reduce service and advocate hours, take out lines of credit, and use precious savings in order to continue serving the public.

In the end, the Legislature and the Governor passed and signed the 2011-12 State Budget that includes the federal pass-through money utilized by the centers across the state.

The Governor and legislative leaders continue to negotiate a compromise to eliminate redevelopment agencies and put a proposed five-year tax extension on a June Special Election ballot. CALCASA will keep our members and the public apprised of the current negotiations and how they will affect survivors.

If you have questions about CALCASA’s advocacy regarding the budget, please contact Phillip@calcasa.org.

On Monday February 14, President Barack Obama released his 2012 Budget Proposal that includes cuts and eliminations to over 200 federal programs, makes strategic investments to increase economic productivity, promote innovation, and sets the United States on a long-term course to reduce the long-term deficit.

CALCASA and the National Alliance to End Sexual Violence (NAESV) have reviewed the budget and cut out the political noise that usually surrounds it’s release to bring you a review of what the President is proposing. CALCASA is grateful for the work of the NAESV, the National Network to End Domestic Violence for putting this list together:

The President has funded SASP at $35 million and set-aside an additional $35 million for sexual assault services in the VOCA fund.

In terms of DNA funding, there is $5 million in funding to conduct pilots with law enforcement agencies to evaluate ways to reduce backlogs of unprocessed rape evidence kits, $7.5 million for law enforcement training on DNA evidence, and $7.5 million for Sexual Assault Nurse Examiners Grants. The Budget includes $3.8 million for a Sexual Assault Problem-Solving Initiative, to help bring additional focus to ways in which law enforcement and community action can help reduce sexual assault.

Funding levels for other essential programs are listed below. RPE funding levels are not yet known.

Total for Office on Violence Against Women: $431 million

• STOP – $182 million (decrease $7 million from FY 10)
• T-housing – $25 million (increase $7 million from FY 10)
• Grants to Encourage arrest $47.5 million (cut $12.5 million from FY 10)
• SASP – $35 million (increase $20 million from FY 10/increase $5 million from President’s FY11 rec)
• Rural $38 million (cut $3 million from FY 10)
• Campus $9.5 million (level)
• LAV $50 million (increase $9 million from FY 10)
• Elder/later life $4.25 million (level)
• Safe Havens $11.25 million  (cut $2.75 million)
• Disability training grants $5.75 million (cut $1 million)
• Consolidated Youth programs (STARY, STEP , Services for Children/Youth Exposed; Engaging Men and Youth) – $14 million (increase $2 million from FY 10)
• Court training and improvement $5 million (increase $2 million from FY 10)
• SA clearinghouse in Indian country – $500,000 – new program
• Research and tracking on VAW against native women $1 million – this seems to consolidate two programs which in 10 were funded at $1 million each
• New Homicide prevention program take $2.25 million from T-housing and $6.75 million from GTEAP

$850 million VOCA cap (Of the $850 million, $100 million is for discretionary grants for temporary shelter, transitional housing and other assistance for victims of violence against women. Of the $100 million, $15 million is for transitional housing and other assistance for victims of violence against women in Indian Country.  An additional $35 million is set aside from the $850 million for sexual assault services.)

If you have any further questions, please contact Phillip Ung at phillip@calcasa.org or (916) 446-2520 ext. 317.

Harkmore Lee talks to students at the A.S.C.E.N.D. Academy about developing a program budget.

Today at the A.S.C.E.N.D. Academy, we’re talking financial! Harkmore Lee, CALCASA’s Conference Manager, is presenting about developing a program budget. He prefaced his presentation by making it clear that his presentation is only one way to develop a program budget.

Trainees were placed in small groups, and they worked on developing a hypothetical program at a sexual assault agency to which they could apply a budget timeline. For example, one group thought to develop a program that would provide services to Punjabi and Hindi populations. They outlined objectives, outcomes and strategies to develop the program.

Initially, the groups did not apply dollar figures to their program vision, as the point of the exercise was to think about the ideal program without being clouded by financial politics. Then they were asked to think about how dollar discussions could change their programs.

“How is that money influencing the decisions that you’re making and who are you impacting?” Harkmore said. “Yesterday’s discussion dealt a lot with anti-oppression work. The places in the movement where we see oppression occurs in the dollar. The reality is that people don’t get some of this anti-oppression stuff. That’s why yesterday’s discussion was important because, in the end, people get excluded because the money factor kicks in.”

The trainees walked through eight steps to create a program budget. Again, the following steps are one way of doing so:

1. Determine timeline to complete the program budget.
2. Identify program’s key objectives or target goals.
3. Determine the program’s outcomes and the strategies/tasks needed to achieve the outcomes.
4. Identify the budget format your agency utilizes for its fiscal year.
5. Identify the expenses associated with these tasks and estimate the values over the course of the fiscal year.
6. Identify potential funds to cover these program costs and estimate the amounts available.
7. Seek preliminary approval by Executive Director and await final decision by Board of Directors.
8. YEA! Board approves. Be ready to execute and monitor program budget.

Download resources from this presentation:

• PowerPoint presentation about preparing a program budget.
• PowerPoint presentation about managing a grant.
• Sample Grant Track Sheet
• Sample Budget Worksheet
• Sample Budget Worksheet (Blank)
• Sample Budget Worksheet II (Blank)

The Legislative Analysts Office launched a page on its website to keep track of its writings on the 2010-11 budget and the 2009-10 budget revisions. You can refine your searches by policy area or department. The results can be downloaded into Excel spreadsheets.

Read recent publications by the LAO here.

Gov. Arnold Schwarzenegger’s “plan to cobble together a budget with rosy projections and billions in presumed — but “very unlikely” — federal aid means California could face even deeper spending cuts than anticipated, according to a review released Tuesday by the state’s nonpartisan budget analyst.”

For more information, read the LAO’s latest report on the California budget.

Schwarzenegger declares budget emergency, proposes deep cuts

Gov. Arnold Schwarzenegger unveiled an $82.9 billion state spending plan today that calls for no tax hikes but envisions pay cuts for state workers, reductions in services to California’s neediest residents – and on the benevolence of the federal government.

3 in 25 juveniles in detention are sexually abused, study finds

About 3 out of every 25 youths in state and privately run juvenile correctional facilities have experienced at least one incident of sexual victimization, according to a federal study released Thursday.

Will Trauma Recovery Center Fall Victim to Budget Nightmare?

Victims of violent crime in the city are about to be victimized again — by city budget cuts. Department of Public Health Director Mitch Katz included the city’s Trauma Recovery Center in the list of programs to be axed in mid-year budget cuts.

First Transgender Appointee Named

Amanda Simpson, the first known openly transgender presidential appointee in the United States, started work today at the US Department of Commerce. She is a senior technical advisor in the Bureau of Industry and Security. Prior to her appointment, Simpson was employed as the Deputy Director in Advanced Technology Development at Raytheon Missile Systems in Arizona. She is a certified flight instructor and test pilot and has degrees in physics, engineering, and business administration.

Gov. Arnold Schwarzenegger with Assembly Speaker Karen Bass, left, and Senate President Pro Tem Darrell Steinberg - Image from the Sacramento Bee

Earlier this morning, Governor Arnold Schwarzenegger gave his final State of the State speech.

Some of the topics he discussed included, education, prisons, as well as budget and health care reform.

Specifically, the Governor said he will not cut funding for education in his budget. He proposed “a constitutional guarantee that California will never spend more money on prisons than on higher education.”

For more information read: State of the State – Arnold Schwarzenegger vows to protect schools, rein in prison spending

You can also read the full state of the state address, by clicking here.

Governor Arnold Schwarzenegger is entering his last year in office and will give his final State of the State speech tomorrow morning, at 10am.

Schwarzenegger will be setting “the stage for one more fight with the Legislature over a budget that will total $89 billion this year.”

The financial strains facing California show how local governments are still dealing with the recession that began in 2007 even as the national economy recovers from the worst slump since the 1930s. The latest struggle comes after legislators already erased $60 billion in gaps in the past two years by raising taxes, slashing school spending and borrowing, in a political battle that pushed the state close to insolvency.

For more information read:

• Schwarzenegger Girds for Deficit Fight as Borrowing Costs Soar
• Letter May Telegraph State-of-the-State and Budget Themes

California needs $20.7 billion to balance the next budget, according to a forecast issued by the nonpartisan Legislative Analyst’s Office.

Kevin Yamamura reported said, “state leaders won’t be able to reap savings from some of the state’s largest spending categories.”

For instance, California lawmakers cannot touch K-12 school funding because “the state is spending close to a minimum amount required by the federal government. The state can’t cut Medi-Cal until January 2011 for the same reason. Those programs make up more than half the state’s $84.6 billion general fund budget. ”

Most likely leaders will pursue cuts in prisons, state parks and social service programs.

Click here to read the LAO report.

The Legislature passed many of CALCASA’s priority support bills before the end-of-session deadline.

CALCASA Public Policy is advocating for the Governor to sign a number of bills that have been passed by the legislature and are awaiting his signature. The Governor must sign any new laws by Sunday.

The Governor will not take “action on more than 700 other pending bills, and legislators fear he may veto many of those if the water package doesn’t come through.”

Below is a round-up of recent stories relating to the water deal and pending bills:

• Governor: Give me Delta deal first, then I’ll sign bills — With a midnight Sunday deadline looming, Gov. Arnold Schwarzenegger is refusing to act on hundreds of bills awaiting his signature — a bid to spur legislative leaders into finally overhauling the environmentally fragile Sacramento-San Joaquin River Delta. Denis C. Theriault in the San Francisco Chronicle — 10/9/09
• Schwarzenegger goes public with blanket veto threat – Gov. Arnold Schwarzenegger threatened publicly Thursday what he has hinted privately for days: He will veto many of the 700-plus bills on his desk unless a water deal is struck this week. Jim Sanders in the Sacramento Bee — 10/9/09
• Big Five tries to close on elusive statewide water deal: Legislative leaders and senior staff met with the governor for more than two hours Wednesday, after a similar meeting the day before ended amid a heated exchange between Senate leader Darrell Steinberg, D-Sacramento, and Senate Republican leader Dennis Hollingsworth, R-Murrieta. Anthony York in Capitol Weekly — 10/7/09
• Skelton: Schwarzenegger’s heavy-handed threat is justified: The governor vows to kill hundreds of bills unless lawmakers deliver a measure on water. The issue justifies the tough stance. George Skelton in the Los Angeles Times — 10/7/09
• Delta’s future hinges on money as Sacramento legislators debate water-policy bills: The first effort in a generation to fix California’s all-important water policy appears to be stalled by the only commodity that seems more valuable: money. Matt Weiser in the Sacramento Bee — 10/8/09

The Best Question from the Last Two Weeks

The tragedy of the Jaycee Dugard case has (rightly) resulted in quite a bit of media attention and interest.  At this early stage, reliable facts are just starting to emerge – despite the volume of coverage and conversation.  The paucity of new information, however, hasn’t stopped more than a few media outlets from asking a whole host of questions that I suspect no one knows the answer to, such as

Why would someone do this?

I don’t think that the media poses these questions out of malice, or ill intent. I think that journalists are trying to respond to the intense public interest (and outrage) that a crime like this one could happen in one of our California communities. I also think that some of the relentlessness of the coverage is also the product of the 24-hour news cycle that demands new information on a constant basis.

Continue reading the article here.

California to Submit Population Management Plan that Prioritizes Public Safety and Relieves overcrowding

Last week, The California Department of Corrections and Rehabilitation (CDCR) announced it will “file a comprehensive plan with the federal three judge panel that reforms the prison system over several years and eventually could exceed the panel’s order to bring the operational capacity to 137.5 percent of combined design capacity of the state’s 33 prisons.”

California’s domestic violence shelters prepare for funding fight

By Sean Maher

California’s domestic violence shelters, hit with a huge budget loss when Gov. Arnold Schwarzenegger cut all their state funding in July, pledged Tuesday to continue pressing for that money to be restored after a bill that would have done just that failed in the state Senate.

Six of the state’s 94 domestic violence shelters have closed since Schwarzenegger used a line-item veto July 28 to cut the $16.3 million California provided across the system, said Camille Hayes, a spokeswoman for The California Partnership to End Domestic Violence.

Opinion

What we can learn from the Dugard case

Sarah Tofte

…During the 18 years Jaycee was missing, in the aftermath of a series of horrendous crimes against children, California legislators and their counterparts across the nation addressed the problem of sexual violence primarily by establishing and expanding registration and community notification requirements for convicted sex offenders.

Courts, policymakers and the public operated on the assumption that sex-offender laws worked and were worth the money, even if they meant diverting resources from prevention efforts. Lawmakers have poured a tremendous amount of resources into these programs with strong public support.

by Michael Rushford

California has had no shortage of notorious criminals over the years. Often their crimes have exposed weaknesses in state and local law enforcement policy.

The Onion Field murder, which involved the 1963 kidnapping of two Los Angeles police officers and the killing of one, led to changes in police procedures during traffic stops. The slaughter of seven people in 1969 by followers of Charles Manson helped marshal public support for the death penalty and inspired reforms in legal procedures.

What is the financial condition of your agency? Is it more frightening to ponder the idea or not knowing what your current predicament is?  Many people talk about having diverse funding, creating a fund development plan, and doing financial forecasting.  All of these are excellent ideas that should be considered by your agency.

Before that bridge is crossed, you need to ask yourself, ” As of today, what is the financial condition of my agency?”

• How is my agency ‘s current cash flow?
• Do I have enough cash to cover this month’s payroll and operating expenses?
• What are my on-going monthly operating expenses?
• Are my billings to funders for reimbursements current?  What has been reimbursed and what is still outstanding?
• What checks have cleared versus what checks are still outstanding.
• What is my agency’s budget?  What are my revenues versus my expenses?

This is not an exhaustive list of questions but having these answers will give you baseline data to make informed decisions on financial matters.

An agency bank statement cannot be used by itself to get the information to the above mentioned questions.  Below are some action steps  that can help you know the financial condition of your agency. 

• Generate a document that shows monthly expenses, year to date expenditures and identifies  how grant are allocated.  This can be useful in helping you determine spending deficiencies and over spending in categories.
• Routinely reconcile your General Ledger with your bank statements and accounts payable.
• Generate Cash Flow projections documents to identify when you may need more cash for the agency and where you many need  to control or decrease spending.
• Set aside a specific time every month to dedicate to billing funders for reimbursements.

This article is in no way an exhaustive list of suggestions or scenarios for the financial condition of your agency.  Knowing the financial condition of one’s agency should be on the radar for all Executive Directors, accountants, bookkeepers and Board Members of nonprofit organizations.    

When getting physically fit, one needs to establish a fitness routine to help you achieve your desired goals;  why should it be any different when getting your agency financially fit to navigate the constantly changing economic climate.  If you have not established  a “Financial Fitness Routine” for your agency; why not make an concerted effort to start one today. 

For additional resources, please contact Kavin Black, Organizational Service Coordinator at (916)446-2520 ext 305,  kavin@calcasa.org.

The Sacramento Bee reported earlier this morning that “the Assembly adjourned at midnight Thursday without approving a Senate-passed plan to reduce the prison population by 27,300 inmates this year and to create a commission to overhaul California’s sentencing laws.”

Assembly Speaker Karen Bass said there were a number of reasons her caucus objected to the plan that was supported by Republican Gov. Arnold Schwarzenegger and by the Senate.

Bass said, “Some of my members thought it should have gone further and others thought it went too far.” Bass and caucus members are working on amendments to the plan.

For more information, please read:

Week of August 10th

CALCASA Media Advocacy Guide

CALCASA is pleased to release our Media Advocacy Guide! Our goal is to share how we use media advocacy. For some of you, this will be a nice introduction to working with the media. For others, you may find that this is a simple text for sharing the activities you’re already doing in your agency with new staff, leadership or allies.

The guide includes some lessons we’ve learned and some nice tips for working with the media. We hope you’ll find it useful and we also want to hear what you think. Some members have already provided valuable feedback while we were writing the guide and we thank you for the support!

Click here to download the guide.

Gov. Schwarzenegger Signs Legislation Giving Law Enforcement Additional Resources to Monitor and Prosecute Sex Offenders

by Valerie Gotten

Last week, Governor Arnold Schwarzenegger announced the signing of two bills that will give law enforcement officials additional resources to more effectively monitor and prosecute registered sex offenders and sexually violent predators.

“We must do everything in our power to provide law enforcement with the resources necessary to protect the public,” said Governor Schwarzenegger. “Public safety is a top priority and with these bills, we will be able to better monitor and prosecute sex offenders and sexually violent predators to the fullest extent of the law – making our streets safer from these dangerous predators.”

Rape: It’s a war crime

Despite changes in international law and declarations by tribunals and the U.N., rampant sexual violence goes unpunished around the globe.

Earlier this morning, Gov. Arnold Schwarzenegger signed a package of budget bills. The Governor said the package “contained ‘the good, the bad and the ugly,’ including no new tax increases and deep cuts in education and health care.”

Additional cuts were made “in parks and child welfare services because lawmakers sent him a package that was $156 million in the red.”

Click here to continue reading.

For more budget related news read:

• Schwarzenegger cuts $500 million more as he signs budget
• Analysis: Governor appeared to relish role of government slasher
• Governor signs $84.5 billion spending plan

The state budget deficit has widened from $24.5B to $26.5B since the legislature’s failure to arrive at a budget last week. The state has begun to issue interest bearing IOU’s in lieu of payment and a commission set the interest rate at 3.75% and a maturation date of 90 days (meaning they will be payable in 3 months by which time the cash-crisis should be addressed).

There have been ongoing negotiations involving the Governor and Majority and Minority leaders of both houses (“The Big 5″), the discussions stalled last week. Assembly Speaker Karen Bass was absent from Big 5 meetings out of frustration with some of the Governor’s proposals. This article gives a good explanation of the proposals and the standoff.

The Governor has been moving forward in trying to identify waste by identifying plans to root out fraud in a variety of areas including in home support services (IHSS) for people with disabilities.

Below are a few stories that will help you understand IOUs, furloughs and some of the Governor’s proposals:

Q&A: IOUs & furloughs — California’s fiscal woes are in sharp focus again today, as state offices close on the first of three “Furlough Fridays” this month, idling tens of thousands of state workers; major banks stop redeeming state-issued IOUs at the close of business; and state leaders appear no closer to resolving the $26.3 billion hole in the state spending plan. The item is in the Sacramento Bee — 7/10/09

Governor’s borrowing plan risks stimulus funds – Gov. Arnold Schwarzenegger’s budget package, which he has touted as a way to solve the state’s entire deficit, has a glitch that may jeopardize $10 billion in federal stimulus funds for California’s public schools, colleges and prisons. Matthew Yi in the San Francisco Chronicle — 7/9/09

Critics say Schwarzenegger scapegoating the poor for budget problems — On the stump, as he tries to sell his deficit-cutting plan to voters, Gov. Arnold Schwarzenegger has tried to show a softer side toward those who will get hit hardest, often returning to a variation of a line he rolled out in an address to the Legislature in May: “I see the pain in their eyes and hear the fear in their voice.” Steven Harmon in the Contra Costa Times — 7/9/09

The state budget mess — Here’s the reason Californians don’t trust Sacramento: In July 2003, the state controller’s office figured there were 230,000 state employees. Since then, every budget deal has featured legislators’ howling protestations that they’ve been forced to make horrific budget cuts, yet the controller now estimates the state has 244,000 employees. Debra J. Saunders in the San Francisco Chronicle — 7/9/09

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As always, CALCASA will do our best to relay information to our members as soon as it becomes available.

Earlier this morning, a variety of news outlets reported that the “California Senate failed to break the budget deadlock.”

Last night, the Senate voted along party lines and rejected three bills designed to save over $5 billion. The Associated Press reported that the “measure fell two votes short of the two-thirds majorities needed to send them to the governor’s desk.” Gov. Arnold Schwarzenegger said he would not sign any bill short of a complete solution to the deficit.

Below is a round-up of stories relating to the California budget:

California Senate fails to break budget deadlock – The California Senate has shut down for the night after failing to approve a stopgap plan to stave off the need for IOUs and ease the state’s $24.3 billion budget deficit. JUDY LIN AP — 7/1/09

11th-hour votes on state budget fail – The state Senate adjourns after the fiscal year ends without a deal that would have staved off IOUs. Shane Goldmacher and Michael Rothfeld in the Los Angeles Times — 7/1/09

Governor, lawmakers blow deadline as budget hole deepens — California is on the brink of issuing IOUs and state workers will take a third unpaid furlough day in July after Gov. Arnold Schwarzenegger and state lawmakers failed to strike a budget compromise late Tuesday. Kevin Yamamura, Steve Wiegand and Jim Sanders in the Sacramento Bee — 7/1/09

Senate fails to bridge budget gap — The state Senate rejected three bills that would have lessened the state’s immediate cash crush by billions of dollars in a surreal late-night session in which a packed Senate chamber quietly counted down the minutes to the new fiscal year, as Senate leader Darrell Steinberg’s efforts to cajole Republicans came up empty. Anthony York in Capitol Weekly — 7/1/09

On Thursday, Gov. Arnold Schwarzenegger “followed up on his threat to block a high-interest loan that could be needed to keep California government running if he and state lawmakers fail to balance the budget soon.”

The Governor told the Times’ editorial board on Wednesday that, “What we need to do is just to basically cut off all the funding and just let them have a taste of what it is like when the state comes to a shutdown — grinding halt.”

Earlier this week, Controller John Chiang said “California government faces a ‘meltdown,’ with the treasury set to empty by late July unless the projected $24-billion budget shortfall is resolved quickly.”

Lawmakers must resolve the projected budget shortfall by July 1.

For more budget updates, read:

• Interactive: California budget balancer
• Governor revokes borrowing ability
• Speaker in hot seat as Democrats debate California budget

Below is a small round-up of stories about yesterday’s Special Election:

California voters kill budget measures – California voters delivered a potent defeat Tuesday to Gov. Arnold Schwarzenegger and Capitol lawmakers, dismissing a slate of ballot measures championed as the best way to address the state’s latest deficit crisis. Eric Bailey in the Los Angeles Times — 5/20/09

California Voters Reject Measures to Keep State Solvent — The results dealt a severe setback to the state’s fragile fiscal structure and to Gov. Arnold Schwarzenegger and the state legislators who cobbled together the measures as part of a last-minute budget deal passed in February. JENNIFER STEINHAUER in the New York Times — 5/20/09

California Voters Reject Budget Measures — Californians on Tuesday rejected a series of ballot initiatives to help fix the state’s massive budget shortfall, as authorities prepared deep spending cuts in anticipation of the measures’ defeat. JIM CARLTON and STU WOO in the Wall Street Journal — 5/20/09

Walters: Angry voters whack budget, politicians — Schwarzenegger’s 11th hour prediction of fiscal calamity failed to sway voters and an odd-bedfellows alliance of right- and left-wing opponents, although heavily outspent by the governor and his allies, dominated a low-turnout special election. Dan Walters in the Sacramento Bee — 5/20/09

California voters exercise their power — and that’s the problem — Residents relish their role in the lawmaking process, but they share the blame for the state’s severe dysfunction. Michael Finnegan in the Los Angeles Times — 5/20/09

The nonpartisan Legislative Analyst’s Office (LAO) released a new report today about the impact of the federal stimulus plan on California.

The Sacramento Bee reported this morning, that “the state’s nonpartisan fiscal analyst said today that California likely will not receive enough federal stimulus money to avoid higher taxes and deeper spending cuts triggered by the new state budget deal.”

The LAO agreed with “Gov. Arnold Schwarzenegger’s Department of Finance in predicting California government will receive only $8 billion in stimulus funds over the 16 months.”

Click here to continue reading the article.

The Sacramento Bee reported earlier today that Gov. Arnold Schwarzenegger’s Department of Finance “estimated Wednesday that California will not receive enough federal stimulus money to avoid higher personal income taxes and deeper cuts in social services.”

Jean Ross, executive director of the California Budget Project, said “some of the cuts that would occur are deeply troubling.” Ross emphasized that the cuts “would reduce the state share of pay for in-home supportive service workers. And I think there’s a long record of evidence regarding the need for optional (Medi-Cal) benefits. Particularly adult dental care, because dental health is integrally linked to physical health.”

The Finance Department has faced criticism from advocates for low-income residents, “who say the additional social service cuts will dramatically hurt millions of struggling Californians.”

Click here to continue reading the article.

Week of February 9, 2009

NYT’s: “California, Almost Broke, Nears Brink “

The New York Times reported earlier today that “the state of California — its deficits ballooning, its lawmakers intransigent and its governor apparently bereft of allies or influence — appears headed off the fiscal rails.”

Lawmakers have been trying to close the budget gap, since the fall and since then “the state has fallen into deeper financial straits, with more bad news coming daily from Sacramento. The state, nearly out of cash, has laid off scores of workers and put hundreds more on unpaid furloughs. It has stopped paying counties and issuing income tax refunds and halted thousands of infrastructure projects.”

LAPD Rape Kit Backlog Could Be Cleared by 2010

MSNBC reported last week that “the number of untested rape kits in Los Angeles Police Department’s evidence lockers is far fewer than previously calculated.” On Monday officials said that the backlog could be cleared by summer 2010 and that “the total of untested kits now stands at 4,423, opposed to the previous figure of nearly 7,000.”

Deputy Chief Charlie Beck said the pledge to eliminate the backlog is based on the assumption that staffing and funding levels remain unchanged.

Click here to continue reading.

State to cut back housing aid for paroled sex offenders
By John Simerman, Contra Costa Times

The state will stop paying long-term motel and apartment rents for thousands of sex offenders across California under an order Monday from a top corrections official, who acknowledged the move likely will add to the rolls of sex offenders who become homeless to avoid the living restrictions under Jessica’s Law.

Click here to continue reading.

TEMECULA: Council approves strict sex offender rules
Rules affect sex offenders moving into city, within city

Aaron Claverie reported last week that registered sex offenders “considering a move to Temecula soon will have a tougher time finding a place to live. The Temecula City Council unanimously approved an ordinance Tuesday that makes it a misdemeanor for a registered sex offender to live within 2,000 feet of a park, school or day care center.”

Judge finds sex offender law unconstitutional

SACRAMENTO — In only the third such ruling in the nation, a Sacramento judge has found to be unconstitutional a statute that makes it a federal crime for someone to fail to register as a sex offender and relocate from one state to another.

Editorial: Jessica’s Law doesn’t have it right

LIKE TOO MANY voter-approved initiatives that weren’t very well thought out, Proposition 83, also known as Jessica’s Law, has had costly, unforeseen consequences.

The ballot measure, backed by 70 percent of voters, prohibits paroled sex offenders from living within 2,000 feet of a school, park where children regularly gather.

A major flaw of Prop. 83 is that it makes no distinction between pedophiles and those convicted of committing crimes against adults. Though it makes little sense to ban sex offenders who prey on grown people from areas frequented by kids.

Click here to continue reading.

Yesterday, Democrats put forth an $18 billion budget plan and today state lawmakers are expected to vote on the plan. The proposal contains more than “$9 billion in added revenue and requires only a simple majority vote of the Legislature to be approved.”

The move boxes in Republicans, who have just enough votes to block lawmakers from approving tax and budget bills that require a two-thirds majority in the Democratic-controlled Legislature. But Gov. Arnold Schwarzenegger does not support the plan, which is designed to help close a $40 billion budget deficit expected through mid-2010, his spokesman said.

For more on the budget, see:

• Dems’ new budget plan adds $9 billion revenue
• California Democrats claim budget solution; governor unconvinced
• California Democrats devise plan to hike taxes
• State lawmakers poised to vote on Democrats’ bill to fix budget
• Dems try end-run around GOP to close budget hole

The San Francisco Chronicle reported this morning that Republican lawmakers released their plan to resolve the “state’s budget crisis – a $22 billion plan that would avoid raising taxes, cut deeply into education spending and dip into voter-approved funds intended to pay for mental health services and children’s health care.”

For more information, read:

• GOP budget plan: Slash $10 billion from schools
• GOP seeks deep cuts
• GOP offers budget plan that relies on deep cuts

The LA Time reported this morning that the California Legislature voted “Friday to send Gov. Arnold Schwarzenegger the final measures needed to resolve the budget deadlock that had dragged on a record 81 days past the start of the fiscal year.”

The budget provides funding to “education and social services than last year, but not enough to avoid cutbacks in schools, healthcare facilities and payments to the disabled, elderly and blind.”

But, the budget does not include any new taxes. The “Republicans rejected assertions from Democrats and Schwarzenegger that the state needs to raise more revenue to ensure long-term fiscal stability.”

Click here to continue reading LA Times article.

Other articles of interest include:

• Legislature approves record-late budget
• State budget’s done, but no one is thrilled about it
• Legislature approves new budget
• State budget battle over

On Thursday, California’s record budget standoff ended “when Gov. Arnold Schwarzenegger and legislative leaders struck a deal, avoiding the governor’s promised veto of a spending plan the Legislature approved earlier in the week.”

Today, the $104 billion budget is expected to be approved by both the Assembly and Senate.

The budget “eliminates proposals for extra withholdings from workers’ paychecks and revenue from a tax amnesty program. It bridges a $17 billion budget gap in part by increasing penalties on corporations that underpay income taxes and reduces reserve funds, legislative leaders said.”

Other articles of interest include:

• Governor and lawmakers agree on spending plan
• Governor, lawmakers cut deal on budget
• Schwarzenegger, top legislators reach a budget deal

By Jordan Rau and Evan Halper, Los Angeles Times Staff Writers

SACRAMENTO — Gov. Arnold Schwarzenegger announced this afternoon that he will veto the state budget passed by the Legislature early this morning, setting the stage for an unprecedented confrontation in California’s Capitol.

“When they send me the budget, I will veto it,” Schwarzenegger said at a Capitol news conference. “If my veto is overriden,” he said, ” … hundreds of bills will be vetoed.”

Schwarzenegger had warned lawmakers in a letter last night that he would veto their spending plan — 78 days late today — if it did not include three provisions to ensure the state a reliable rainy day fund for times of fiscal trouble. This year, California has developed a $15.2-billion budget gap.

Click here to read the full article.

Jim Sanders a reporter with the Sacramento Bee, indicated California lawmakers approved a budget deal early this morning. The budget is likely to be vetoed by Gov. Arnold Schwarzenegger and it “borrows billions from taxpayers and fails to prevent future financial trouble.”

A key element of the deal would increase by 10 percent the amount of income taxes withheld from workers, and from taxpayers who earn income from investments.

Much of the $15.2 billion budget shortfall would be bridged by advancing revenues to be collected in future years, shifting or borrowing money from other state funds and employing accounting maneuvers. The plan would generate immediate revenue but leave gaping holes in future budgets.

Gov. Arnold Schwarzenegger sent a letter to the four legislative leaders that he could support the spending plan — but only if his three “rainy day” fund demands were met.

For more information on the budget, read:

• Calif. lawmakers end record-setting budget impasse
• Despite governor’s threat, state lawmakers pass budget
• Budget approved despite governor’s threatened veto

On Sunday, California state legislative leaders announced a “breakthrough in California’s record budget impasse, potentially ending a stalemate that set a new standard for dysfunction in a Capitol with a long history of blown budget deadlines.”

The Associated Press reported that it is not clear “whether the tentative deal would be accepted by Gov. Arnold Schwarzenegger, who has said he would not sign a budget that failed to include long-term reform.”

The tentative budget deal would include $9 billion in spending cuts, closing tax loopholes and collecting some “one-time revenues in this fiscal year rather than the next.”

Click here to continue reading the article.

On Wednesday Gov. Arnold Schwarzenegger said he will “veto any bill that comes to his desk until lawmakers pass a state budget.”

The Governor indicated there are 13 bills awaiting his signature. But, “he will allow the authors of those bills to pull them back, thus avoiding a veto.”

Click here to learn more about the bills.

The full membership of the Legislature has returned to the Capitol, with both Assembly and Senate floor sessions slated for the early afternoon. They are beginning the 2008 session “with another multibillion-dollar budget deficit hanging over their heads and dozens of leftover issues on their agendas, including an ambitious $14 billion health coverage expansion.”

On Tuesday, Gov. Arnold Schwarzenegger will deliver his annual State of the State address. and on Thursday, the Governor will “declare a fiscal emergency and offer proposals for slashing state programs now and outline a slim budget for the next fiscal year.”

CALCASA will continue to urge the Governor and legislators to ensure that dollars designated for crime victims stay with victims and resist the temptation to borrow against the Crime Victims Compensation Fund as a way to address the budget shortfall.

Gov. Arnold Schwarzenegger is faced with a projected $14 billion budget deficit and has “decided to seek across-the-board cuts to state operations.”

…as the fiscal outlook has worsened, the Republican governor has decided to go forward, according to advocates for social services and local government the governor has summoned in recent days for budget discussions…

Schwarzenegger is planning to ask the Legislature for a 10 percent across-the-board reduction in state spending next year, according to sources who have met with the governor this month.

The Governor told social service advocates this week that the 10 percent cut is expected to impact all of state government equally.

CALCASA will continue to urge the Governor and legislators to ensure that dollars designated for crime victims stay with victims and resist the temptation to borrow against the Crime Victims Compensation Fund as a way to address the budget shortfall.

California is gearing up for an extremely difficult budget year with the Legislative Analyst’s Office and Governor Schwarzenegger’s administration projecting an increasingly bleak budget outlook.

The Governor’s finance officials are projecting a California budget deficit of roughly $14 billion, significantly larger than the $9.8 billion gap previously forecast by a state budget analyst, according to two sources who spoke to the governor….Schwarzenegger last month ordered all departments to prepare spending plans 10 percent below than what they had anticipated, and GOP lawmakers are calling for immediate midyear cuts in spending.

CALCASA will continue to request that the Governor provide leadership to ensure that dollars designated for crime victims stay with victims. In particular, CALCASA will urge the Governor and legislators to resist the temptation to borrow against the Crime Victims Compensation Fund as a way to address the budget shortfall.

This morning, Governor Schwarzenegger and senior members of his staff met with public safety leaders from across California to discuss the state budget. Stakeholders from a variety of organizations were were present, including sheriffs, police chiefs, probation, firefighters, and crime victim organizations.

The Governor explained the challenges related to the projected $10 billion budget shortfall as California enters in to the next budget year. The state’s revenue is projected to increase by only 1 percent in the next budget year, but a variety of state programs and public safety programs have projected an 8 percent increase in the cost of maintaining their programs and services.

The Governor expressed his continued support of public safety projects and initiatives and held todays dialog with officials to try and identify ways of maintaining current public safety programming funds.

The Governor and officials who were present acknowledged that current public safety resources at both the state and local level are already stretched – including those agencies and personnel who are dedicated to providing critical incidence response, disaster relief and general crime control services.

The group also discussed the potential impact of anticipated rulings of the three judge panel that is deliberating about prison overcrowding at the California Department of Corrections and Rehabilitation (CDCR). Their decision is likely to have profound impacts on future state expenditures.

In addition to reinforcing the importance public safety programming and victim services, crime victim groups present requested that the Governor provide leadership to ensure that dollars designated for crime victims say with victims. In particular, victim’s groups urged the Governor, and legislators, to resist the temptation to borrow against the Crime Victims Compensation Fund as a way to address the budget shortfall.

The Legislative Analyst’s Office (LAO) has forecasted that the next three budget cycles are going to be challenging. As a result, the Governor requested that public safety officials continue to partner with his administration to balance the budget and promote community safety.