Public Safety Realignment.

(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, require that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. Under existing law, the Local Revenue Fund 2011 contains various accounts and subaccounts from which the revenues are then allocated to corresponding local accounts. This bill would revise the provisions establishing the Local Revenue Fund 2011 by abolishing accounts in the fund as of September 30, 2012, with the exception of the Mental Health Account which this bill would retain, and creating new accounts, subaccounts, and special accounts in the Local Revenue Fund of 2011, as provided. The bill would require that money in the existing accounts be transferred to the newly created successor accounts on September 15, 2012. The bill would direct each county or city and county to create corresponding local accounts in each county or city and county's County Local Revenue Fund 2011, as provided, to receive allocations from the state accounts. The bill would permit any county or city and county to annually reallocate money between subaccounts in the local Support Services Account, and to reallocate funds from the Protective Services Subaccount or the Behavioral Health Subaccount, or both, to the Support Services Reserve Subaccount, which would be created pursuant to this bill, as provided. This bill would, for the 2012–13 fiscal year, and subsequent fiscal years, with respect to cash received beginning August 16 of each year, require the Controller to allocate the tax revenues received in the Local Revenue Fund 2011 to the Mental Health Account, and also to the Support Services Account, the Law Enforcement Services Account and the Sales and Use Tax Growth Account, which would be created by the bill, and to various subaccounts and growth special accounts created within those latter 3 accounts, according to specified percentages and maximums. In those subsequent fiscal years, the bill would also require the Controller to allocate funds to the subaccounts within the Support Services Account and the Law Enforcement Services Account from the subaccounts in the Sales and Use Tax Growth Account, based on specified calculations of base funding. The bill would require the Controller to post specified information on the Controller's Internet Web site regarding the funds deposited in those accounts and subaccounts. The bill would require the Controller to allocate funds, that would otherwise be allocated to a county for a program funded by the Behavioral Health Subaccount, to the County Intervention Support Services Subaccount in the Support Services Account if the State Department of Health Care Services determines that federal Medicaid funds are at risk due to specified circumstances. The bill would provide that, if the tax revenues deposited in the Local Revenue Fund 2011 cease or are decreased, the state shall provide an equivalent amount to fund the provision of Public Safety Services and, if that annual appropriation is not made, the bill would require the Controller to allocate those amounts from the General Fund, thereby making an appropriation. (2) 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 any new program or higher level of service imposed on a local agency by the 2011 Realignment Legislation, as defined, or any executive order or administrative directive issued to implement that legislation, shall be reimbursed by the state only from moneys provided for that activity, as specified; that those agencies shall be obligated to provide the new program or higher level of service only to the extent of that funding so provided; and any new program or higher level of service provided by a local agency above the level for which funding has been provided shall be optional and, as such, the costs thereof shall not be subject to reimbursement, except in specified circumstances where, for certain programs, the state would provide 50% of the nonfederal shares of any increased costs. The bill would require a county electing to use its own funds to pay for any increased cost, duty, or level of service to first exhaust funding available to it from the Local Revenue Fund and the Local Revenue Fund 2011. The bill would require funds deposited into a County Local Revenue Fund 2011 to be spent in a manner to maintain the state's eligibility for federal matching funds, as specified, and would prohibit those funds from being used to supplant other funding for Public Safety Services. The bill would provide that these provisions shall become inoperative upon approval by the voters of a specified constitutional amendment at the November 6, 2012, statewide general election. (3) Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for holding regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a legislative body be open and public and all persons be permitted to attend unless a closed session is authorized. This bill would require any decision of a county board of supervisors to eliminate or significantly reduce optional behavioral health services, adult protective services, or specified child welfare services funded from allocations from the Support Services Account of the Local Revenue Fund 2011 to be made in open session, as an action item, at a duly noticed meeting of the board. The bill would require a county or city and county to document any decision to make any change in its allocation between the Protective Services Subaccount or Behavioral Health Subaccount moneys at a regularly scheduled public hearing of its governing body. The bill would require that authorization to make a reallocation from the Protective Services Account or the Behavioral Health Subaccount, or both, to the Support Services Reserve Subaccount only be made in a duly noticed public meeting. (4) Existing law establishes the Local Revenue Fund, which contains specified accounts and subaccounts, including, among others, the Mental Health Subaccount and the CalWORKs Maintenance of Effort Subaccount. Existing law requires a monthly allocation from the Mental Health Account in the Local Revenue Fund 2011 to those subaccounts in the Local Revenue Fund. This bill would require $93,379,252 to be allocated monthly by the Controller to the Mental Health Account of the Local Revenue Fund 2011, and from that account to the Mental Health Subaccount in the Local Revenue Fund. The bill would also require specified funds in the Local Revenue Fund that would otherwise have been deposited into each county's Mental Health Account to be deposited into the CalWORKs Maintenance of Effort Subacconut, not to exceed $1,120,551,000 per year. (5) Existing law, for the 2011–12 fiscal year, allocates moneys from the Local Revenue Fund to the Mental Health Account, the Health and Human Services Account, the Trial Court Security Account, the Local Community Corrections Account, by county, the District Attorney and Public Defender Account, by county, and the Local Law Enforcement Services Account for specified purposes and requires the Controller to allocate those funds to the corresponding local accounts on specified dates. This bill would, for the purposes of the allocations in the 2011–12 fiscal year to the above accounts, include cash received in July and up to August 15, 2012. The bill, commencing with the 2012–13 fiscal year, beginning with cash received on and after August 16, 2012, would instead create and allocate funds to the Trial Court Security Subaccount, by county, would change the percentages to the counties that are allocated for criminal justice programs under the Community Corrections Subaccount and the District Attorney and Public Defender Subaccount, and would create and allocate funds in the Enhancing Law Enforcement Activities Growth Special Account in the Enhancing Law Enforcement Activities Subaccount, as specified. The bill would require moneys allocated from the growth special accounts in the Support Services Growth Subaccount and the Law Enforcement Services Growth Subaccount to be allocated to the corresponding account and subaccount in each county or city and county's County Local Revenue Fund 2011, either according to percentages provided by the bill, or pursuant to schedules provided by the Department of Finance, as specified. The bill would require each county treasurer, city and county treasurer, or other appropriate official to transfer 10% of the money the county receives from the Trial Court Security Growth Special Account, the Community Corrections Growth Special Account, the District Attorney and Public Defender Growth Special Account, and the Juvenile Justice Growth Special Account to the Local Innovation Subaccount, to be used for any of the purposes that money in those accounts may be expended. The bill would require the Controller to allocate certain moneys from the Protective Services Growth Special Account to counties for various local social services, including adult protective services, foster care grants and services, and child welfare services, according to certain percentages and calculations. The bill would require the Controller to allocate moneys from the Community Corrections Growth Special Account to counties to fund the Postrelease Community Supervision Act of 2011 and to fund housing of parolees in county jails. The bill would require the Controller to allocate moneys to each county from the Youthful Offender Block Grant Special Account and the Juvenile Reentry Grant Special Account to fund grants to provide local services relating to the custody and parole of youthful offenders in accordance with reports prepared by the Department of Finance. (6) Existing law establishes within the Local Revenue Fund 2011 various accounts and subaccounts relating to corrections, social services, and law enforcement, including the Local Community Corrections Account, the Adoptions Subaccount, and the Local Law Enforcement Services Account. Existing law governs various social services, including agency adoptions, services for foster youth, and the Medi-Cal Drug Treatment Program. This bill would revise and consolidate the system of accounts and subaccounts for these purposes, as specified. The bill would require that the moneys allocated from the Behavioral Health Subaccount of the Local Revenue Fund 2011 be distributed by the Controller pursuant to schedules provided by the Department of Finance created in consultation with appropriate state agencies and the California State Association of Counties. The bill would authorize, to the extent consistent with or required by federal law or court order, a county or counties to contract directly with the State Department of Health Care Services or the State Department of Social Services, as applicable, to provide for the provision or administration of the programs, services, or activities relating to the Drug Medi-Cal Treatment Program or agency adoptions. The bill would also authorize a county or city and county to elect and, in consultation with the California State Association of Counties be designated by the State Department of Social Services, to contract to provide specified social services programs, functions, or services, including services relating to private agency adoption reimbursements and postsecondary and training vouchers. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.