Local Revenue Fund 2011.

(1) Existing law, enacted by Chapter 15 of the Statutes of 2011, provides that a felony is a crime that is punishable by death, by imprisonment in the state prison, or, notwithstanding any other provision of law, by imprisonment in a county jail for more than one year. Existing law provides that these provisions shall become operative no earlier than July 1, 2011, and only upon the creation of a community corrections grant program to assist in implementing the act and upon an appropriation to fund the grant program. This bill would establish the Community Corrections Grant Program for the purpose of funding various changes to the criminal justice system as required by Chapter 15 of the Statutes of 2011. The bill would create the Local Revenue Fund 2011 in the State Treasury, and would create the Trial Court Security Account, the Local Community Corrections Account, the Local Law Enforcement Services Account, the Mental Health Account, the District Attorney and Public Defender Account, the Juvenile Justice Account, the Health and Human Services Account, and the Reserve Account within the Local Revenue Fund 2011. The bill would require moneys from specified tax sources and other moneys that may be specifically appropriated to be deposited in the Local Revenue Fund 2011 and would provide that the fund is continuously appropriated, thereby creating an appropriation. The bill would require that moneys in the Local Community Correction Account within the Local Revenue Fund 2011 be used to fund the Community Corrections Grant Program, and would provide that the appropriation out of that account on October 1, 2011, shall constitute an appropriation to fund the Community Corrections Grant Program, consistent with the provisions of Chapter 15 of the Statutes of 2011. The bill would require that moneys deposited in the Local Revenue Fund 2011 also be available to reimburse the General Fund and the state for certain costs, as specified. The bill would require each county treasurer, city and county treasurer, or other appropriate officer to create a County Local Revenue Fund 2011 for the county or city and county, and to create the Local Community Corrections Account, the Trial Court Security Account, the District Attorney and Public Defender Account, the Juvenile Justice Account, the Health and Human Services Account, and the Supplemental Law Enforcement Account within the County Local Revenue Fund 2011 for the county or city and county. The bill would require that moneys in each County Local Revenue Fund 2011 for the county or city and county and its accounts shall be used exclusively for Public Safety Services, as defined, and for specific services, including funding grants solely to enhance the capacity of county probation, mental health, drug and alcohol, and other county departments to provide appropriate rehabilitative, housing, and supervision services to youthful offenders. By creating new duties for local governments to administer funds and implement the act, this bill would create a state-mandated local program. The bill would, for the 2011–12 fiscal year, require the Controller to allocate on a monthly basis a specified amount, of the revenues received in the Local Revenue Fund 2011, into the Mental Health Account of the Local Revenue Fund 2011, the Local Law Enforcement Services Account, the Trial Court Security Account, the Local Community Corrections Account, the District Attorney and Public Defender Account, the Juvenile Justice Account, and the Health and Human Services Account. Any remaining funds would be allocated to the Reserve Account to reimburse a county or city and county for adoption assistance, foster care, and Drug Medi-Cal services, as specified. The bill would provide for a monthly allocation from the Mental Health Account to the Mental Health Subaccount and would provide that, notwithstanding any other law, funds that would have been otherwise deposited into the Mental Health Subaccount shall instead be deposited in the Social Services Account, to be used by each county and city and county that receives an allocation to pay an increased county share of CalWORKs grant costs. (2) Existing law provides that a county may impose a fee upon a city, special district, school district, community college district, college, or university for reimbursement of county expenses incurred with respect to the booking or other processing of persons arrested by an employee of that city, special district, school district, community college district, college, or university, where the arrested persons are brought to the county jail for booking or detention. Existing law permits all counties and cities and counties that have charged these fees to apply to the Controller to receive funding that is equal to the fee revenue received by the county, city and county, or city during the 2006–07 fiscal year, to the extent that funding is appropriated therefor in the annual Budget Act or other appropriation legislation. Existing law provides that these payments shall be fully funded from the Local Safety and Protection Account in the Transportation Tax Fund and requires the Controller to allocate 6.26% of the moneys annually deposited in the Local Safety and Protection Account for these purposes. This bill would instead, commencing with the 2011–12 fiscal year, require these payments to be funded from the Local Law Enforcement Services Account in the Local Revenue Fund 2011 and would require the Controller to allocate a specified amount of the moneys annually deposited in the Local Law Enforcement Services Account for purposes of the above payments. (3) Existing law requires that each county treasurer establish a Supplemental Law Enforcement Services Fund to fund specified local programs related to corrections. Existing law specifies how money received by the fund shall be allocated, and requires that 50% be allocated to the county or city and county to implement a comprehensive multiagency juvenile justice plan and to the Corrections Standards Authority for administration purposes. Existing law requires that programs related to this fund be funded from the Local Safety and Protection Account in the Transportation Fund. This bill would delete the provision permitting the allocation to the Correction Standards Authority. This bill would instead provide that, commencing with the 2011–12 fiscal year, these programs would be funded from the Local Law Enforcement Services Account in the Local Revenue Fund 2011, as specified. (4) Existing law requires that the Local Assistance for Rural and Small County Law Enforcement program be funded from the Local Safety and Protection Account in the Transportation Fund. This bill would, commencing with the 2011–12 fiscal year, require the program to be funded from the Local Law Enforcement Services Account in the Local Revenue Fund 2011, as specified. (5) Existing law, until July 1, 2013, allows a charge of $40 to be imposed on every conviction for a criminal offense, as provided, to ensure adequate funding for court security. As of July 1, 2013, existing law authorizes a charge of $30. This bill would revise these provisions and allow an assessment to be charged, in the same amounts, to assist in funding court operations, as provided. (6) Existing law provides for the allocation of funds deposited in the Local Safety and Protection Account in the Transportation Fund to the California Emergency Management Agency, for distribution to 10 designated programs, as provided. This bill would provide that, commencing with the 2011–12 fiscal year, the Controller shall allocate a specified percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 to the California Emergency Management Agency, for distribution to 6 of those programs, as provided. (7) Existing law requires the Controller to allocate specified percentages of the amounts deposited in the Local Safety Protection Account in the Transportation Fund to be used to serve children who are habitual truants, runaways, at risk of being wards of the court, or under juvenile court supervision or supervision of the probation department, as provided. This bill would, commencing with the 2011–12 fiscal year, require the Controller to allocate 33.38% of the funds deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for these purposes. The bill would require the Controller, on a quarterly basis, to allocate 6.47% of those funds to the Department of Corrections and Rehabilitation, and would require the department to allocate funds appropriated in the annual Budget Act and included in the Local Law Enforcement Services Account among counties that operate juvenile camps and ranches, as provided. (8) Existing law imposes state sales and use taxes on retailers and on the storage, use, or other consumption of tangible personal property in this state at the combined rate of 714% of the gross receipts from the retail sale of tangible personal property in this state, and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. Existing law requires that all revenues derived from a 6% rate of that tax, except as provided, to be deposited in the State Treasury to the credit of the Retail Sales Tax Fund. This bill would require the amount of those revenues, net of refunds, collected and attributable to a rate of 1.0625% to be deposited in the State Treasury to the credit of the Local Revenue Fund 2011, a continuously appropriated fund, and to be used exclusively for public safety purposes. The bill would additionally require the amount of revenues derived from any tax or tax increase enacted after July 1, 2011, that is deposited in the Local Revenue Fund 2011 to be applied to reduce the amount otherwise required to be deposited in that fund from the amount attributable to the 1.0625% rate, as specified. (9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. The bill would further provide that if reimbursement is required, it shall first be paid from the County Local Revenue Fund 2011 to the fullest extent possible. (10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.