Protecting the children and citizens California is an essential responsibility of state government. Governor Schwarzenegger has fought to support local law enforcement, toughen penalties on sex offenders, crack down on child and domestic abuse, strengthen homeland security, and to increase punishment for gang-related crimes. The May Revision proposes significant changes to reduce prison overcrowding, enhance rehabilitation, increase the collection of fines and fees, and support local law enforcement.

Major Changes Included in the May Revision

Total Funding for the Department of Corrections and Rehabilitation

• The May Revision proposes an increase of $113 million in 2007-08 from the General Fund for the California Department of Corrections and Rehabilitation, brining total proposed funding to approximately $10.1 billion.

Public Safety and Offender Rehabilitation Services Act of 2007

• On May 3, 2007, the Governor signed AB 900 (Chapter 7, Statutes of 2007), which provides for a critical expansion of capacity in the state prison system. AB 900 emphasized expanding rehabilitative programs and measuring outcomes through performance goals to reduce the high rate of recidivism among adult offenders. AB 900 appropriated $50 million for the CDCR to expand rehabilitative programs. The May Revision does not include funding for all of the potential fiscal impacts associated with AB 900 but does include the following:
  • An increase of $11.7 million General Fund in 2007-08 and $27.8 million in 2008-09 to fill vacant teacher positions in adult institutions.
  • An increase of $9.6 million in 2007-08 and $14.6 million in 2008-09 to reflect the transfer of up to 5,060 inmates to correctional facilities in other states.
  • An increase of $581,000 General Fund for the CDCR's Office of Facilities Management to provide immediate staffing needs to support the prison construction projects authorized by AB 900 and $2 million General Fund for the Corrections Standards Authority to administer the local jail bed construction grants authorized by AB 900.
  • The design and construction of six mental health projects resulting in beds or treatment space for 775 inmates at a cost of $199.6 million as well as $285 million for dental facilities at seven institutions will be allocated from the $857.1 million in lease revenue bond authority granted in Phase I of AB 900 for the purpose of mental health, medical, and dental care.

Governor Schwarzenegger also announced the creation of two strike teams to expedite implementation of AB 900. One strike team will fundamentally reform California’s prison rehabilitation programs; the other will expedite the construction of correctional facilities. The teams are being launched with 20 experts from universities, community organizations and state government; others will be added.

Strategic Growth Plan: Facilities Updates and New Construction

The Strategic Growth Plan prison construction and reform element enacted in May will provide $7.7 billion for the construction of 53,000 new prison and jail beds (including 40,000 prison and community re-entry beds for state prisoners and 13,000 local jail beds), as well as for improved rehabilitation programs. Combined with a $1.2 billion local match, this will provide a significant investment in California's criminal justice system, ensuring that violent offenders are not released early while reducing California’s 70 percent recidivism rate.

Adult Inmate/Parolee Population/Caseload Changes

• The May Revision reflects an estimated institutional Average Daily Population (ADP) of 172,369 inmates and a projected parolee ADP of 120,717 for the current year. This is a 1,032 person decrease and a 1,569 person increase, respectively, from the numbers projected in the 2007-08 Governor's Budget.
  • The net effect of these population changes is an increase to the General Fund of $3.3 million and an increase of $622,000 to the Inmate Welfare Fund.

• For the budget year, the May Revision reflects an estimated institutional ADP of 174,300 inmates. This is 3,277 less than projected in the Governor's Budget. The projected parolee ADP is 124,862 for the current year. This is an increase of 2,714 from the number projected in the Governor's Budget.
  • The population changes will reduce costs to the General Fund by $46.0 million and reduce costs to the Inmate Welfare Fund by $974,000.

• The May Revision also reflects a reduction of 1,039 institutional ADP and 4,397 of parolee ADP resulting from the discharge of parolees after 12 months of clean time. The effect of this change is $31.2 million General Fund in 2007-08 and $58.3 million in 2008-09 and ongoing.

Ward/Parolee Population/Caseload Changes

• For 2007-08, the year-end juvenile institution population is projected to be 2,340, a decrease of 150 wards from the projection included in the Governor's Budget. The effect of these population changes is decreased costs to the General Fund of $2.5 million, which reflects the closure of one Division of Juvenile Justice (DJJ) facility. In 2007-08, the sliding scale fees paid by counties are estimated to be $15 million, a decrease of $807,000 compared to the revenue expected at the time of the Governor's Budget.

California Adult Probation Accountability and Rehabilitation Act

• The May Revision proposes $25 million in ongoing funding for the California Adult Probation Accountability and Rehabilitation Act (CAPARA) to provide all local probation departments with a dedicated funding source to increase the effectiveness of adult probation services in California.

Adult Local Assistance

• The May Revision includes $16.9 million to fully fund local entities for costs incurred for the prosecution of inmate crimes, housing state inmates, and various other county services related to state inmates.
• The Governor's Budget provided $15.3 million for the costs associated with prosecuting crimes committed by state inmates and other county services related to state inmates. The May Revision includes $7.8 million in one-time funding for 2007-08 to pay the outstanding current-year claims, along with $1.5 million to adequately fund the base to pay projected claims in 2007-08.
• The May Revision also includes $6.1 million to reimburse the Los Angeles County Sheriff's Department for the delay in moving inmates out of the Pitchess Detention Center.

Correctional Health Care Services

• The May Revision proposes $45.9 million General Fund in 2007-08 to address various court requirements related to the provision of medical, dental, and mental health care services.

Update to the Local Housing of the Juvenile Justice Population

• The May Revision reflects a net decrease of $7.2 million General Fund as a result of adjusting the per capita cost for housing wards within the Division of Juvenile Justice to reflect 2007-08 costs and revising the number of juvenile offenders that will be housed locally based on updated estimates of intake.

Peace Officers Selection Unit

• The May Revision includes $18.7 million in 2007-08 to augment the CDCR's peace officer recruitment efforts. The CDCR will take aggressive steps to fill its correctional officer academies.

The Office of Homeland Security

• The May Revision proposes $177.6 million transportation bond funds, as approved by Proposition 1B, to establish two homeland security grant programs:
  • $76.1 million for the Port Security Grant Program to be allocated to various ports in California to purchase security equipment in order to prevent and respond to acts of terrorism.
  • $101.5 million for the Transit Security Grant Program to be allocated to various mass transit systems to purchase security equipment, lighting, and other security improvements in order to prevent and respond to acts of terrorism.

The Governor’s Office of Emergency Services

• The May Revision proposes $7.4 million General Fund and $8.9 million other funds for various programs for the Office of Emergency Services (OES) which include:
• $4 million Restitution Fund to provide four Internet Crimes Against Children Task Forces, one each in Sacramento, San Jose, San Diego, and Los Angeles. This funding will enhance the investigative response to offenders who use the internet to sexually exploit children.

The Department of Justice

• The May Revision includes an increase of $11.2 million General Fund and a corresponding decrease of $11.2 million DNA Identification Fund to reflect a revised estimate of penalty assessment revenues.
• The May Revision also includes an increase of $3 million Restitution Fund to increase support for the California Witness Protection Program.

Judicial Branch

• The May Revision includes an increase of $36.6 million General Fund for Trial Court security needs based on the recommendations of the Court Security Working Group.
• The May Revision proposes funding various anti-gang programs by increasing the state surcharge levied on the base fine used to calculate the state penalty assessment from 20 percent to 40 percent. In addition, it is proposed that the responsibility of collecting fines, fees, and penalties transfers from the counties to the courts to increase collection efficiencies and consistency.

Items Largely Unchanged From the Governor’s 2007 January Budget

Maintaining Public Safety

• $200 million in funding to new program expansion within the Department of Corrections and Rehabilitation designed to promote improved recidivism and outcome measures for inmates and parolees.
• $46 million in 2007-08 for facility maintenance and repair, including maintenance of transformers, generators, and high-voltage switchgear; an ongoing preventative maintenance program for roofing; repair and replacement of roads and parking lots; and other critical deferred maintenance.
• $345.7 million in 2006-07 and $360 million in 2006-07 for employee compensation costs and adjustments to the retirement contribution rate.
• $30.4 million in 2006-07 and $77.3 million in 2007-08 and ongoing to implement Proposition 83 (known as Jessica's Law) as well as other recently-enacted measures related to managing sex offenders. These augmentations include funding for active GPS monitoring and 20:1 parole agent supervision ratios for 3,300 high risk sex offender parolees, and passive GPS monitoring with 40:1 parole agent supervision ratios for 5,700 other sex offender parolees, pursuant to Proposition 83.

Partnering with Local Law Enforcement

• $4 billion in lease-revenue authority for local county jails to increase capacity. With a match of 25 percent, it is estimated that county jail facilities would be able to increase their capacity by over 40,000 beds.
• $4.4 billion to local governments for the construction of jail facilities. Combined with a $1.1 billion match, this will provide a significant investment in California's criminal justice system. Once these momentous changes are implemented, annual state prison costs will decrease by an estimated $250 million in 2008-09 and $500 million in 2009-10 and ongoing.
• The Budget assumes the elimination of 90-day diagnostic evaluations. In total, these changes are estimated to result in savings of $56.7 million in 2007-08 and $75.5 million in 2008-09 and ongoing.

Proposition 83 (Jessica's Law)

• To immediately begin implementing Jessica's Law, the Governor's Budget reflects a current year augmentation of $15.2 million General Fund for the increased cost of contractor evaluations and expert court testimonies, $12.1 million General Fund for state hospitals to support 271 new SVP commitments, $927,000 General Fund and 21 positions at DMH headquarters to be phased in during the year and $678,000 General Fund and 7.2 positions for Coalinga State Hospital to support the increase in SVP referrals. The California Department of Corrections and Rehabilitation section discusses the impacts of Jessica's Law on that department.

California Highway Patrol
The Governor’s Budget proposes the following with respect to the California Highway Patrol (CHP):

• An additional 120 uniformed officer positions and 41 non-uniformed positions. CHP estimates this statewide staffing augmentation could increase proactive patrols by approximately 68,000 hours, or approximately 8,500 work shifts. Proactive patrols deter violations, enhance security and reduce response times.
• The expansion of the CHP Commercial Vehicle Inspection Program. An additional 60 Motor Carrier Specialist positions would be added to aid in the inspection of trucks, buses and other commercial vehicles. This will provide additional homeland security as well as traffic safety protection.
• Funds for the second year of the CHP’s five-year radio interoperability program. When fully implemented, this will allow greater communication capabilities between other state and local emergency personnel during a disaster or crisis situation.
• Enables DMV to open two new Driver Safety Offices (Oxnard and Redding) to expand driver safety services for California’s growing population. Driver safety programs evaluate drivers whose ability to operate a vehicle in a safe manner has been questioned.

Crime Victims

• The Governor is committed to protecting Californians from crime, treating Crime Victims with respect, preventing new crimes from happening when offenders are released.

Reducing Recidivism

• The Budget builds on the 2006-07 investment of $52.8 million for recidivism reduction and community reintegration activities by providing a total of $93.9 million to continue the implementation of various program enhancements.
• These programs include educational needs assessments and substance abuse program expansions in institutions, structured re-entry services such as mandatory conditions of parole, and community reintegration programs including residential services for parolees, day reporting centers, and increased clinical services for mentally ill parolees

Fighting Discrimination

• The Governor’s Budget proposes $873,000 in funding to the Department of Fair Employment and Housing to address housing discrimination complaints.
• The funding will pay for additional staff to conduct housing complaint investigations. For example, the staff will investigate instances where an individual encounters discrimination when trying to rent an apartment, to lease a house, or to obtain a home loan.

Stopping Identity Theft

• The Governor’s Budget provides the Department of Financial Institutions with 10 new positions to expand bank examinations to include review of Information Technology/E-Banking/Disaster Preparedness.
• This will allow the Department to protect the public from the increasing problem of security and financial data breaches that result in identity theft and fraud.
• It will help to ensure that banks have firewalls and security measures to protect their data and operations from hacker and terrorist activities that could result in damage to the state and national economies.