Assembly Bill No. 1 - Budget Act of 2009
Section 67
SEC. 67. Item 0690-102-0890 of Section 2.00 of the Budget Act of2009 is amended to read:
0690-102-0890--For local assistance,California Emergency Management Agency,payable from the Federal Trust Fund...... $251,259,000
Schedule:
(1) 40.20-Victim Services. $66,516,000
(2) 40.30-Public Safety...$184,743,000
Provisions:
1. Notwithstanding any other provision of law, the California Emergency Management Agency mayprovide advance payment of up to25 percent of grant funds awardedto community-based, nonprofit organizations, cities, school districts, counties, and other units of local government that have demonstrated cashflowproblems according to the criteriaset forth by the California Emergency Management Agency.
2. This item includes $135,050,000 infunds for the purpose of administering federal Edward Byrne Memorial Justice Assistance Grant program funding provided by the American Recovery and Reinvestment Act of 2009. The California Emergency Management Agency (CalEMA) shall distribute these one-time funds in the 2009-10 fiscal year consistent with the following requirements:
(a) Of the total provided, $45,000,000 shall be used to provide substance abuse treatment for criminaloffenders convicted of nonviolent drug offensesin the Offender Treatment Program authorized underSection 11999.30 of theHealth and Safety Code, adeferred entry of judgmentprogram authorized by Section 1000 of the Penal Code, a diversion program authorized by Section 1000.5 of the Penal Code, or a similar program funded through the State Department of Alcohol and Drug Programs (DADP). Any programs receiving funding shall follow a drug court model, establish andmaintain protocols for the use of drug testing to monitor offenders' progress in treatment, andwork collaboratively with probation departments, other local law enforcement agencies, the district attorney, the public defender, and appropriate community-based organizations. Ofthis amount, $600,000 shall be for Cal EMA to enter into an interagency agreement with DADP to distribute and administer these funds according to program requirements. The remaining $44,400,000 provided for these programs shall be passedthrough to counties as local assistance.
(b) Of the total provided, $45,000,000 shall be used to provide grants tocounty probation departments for the purpose of providing evidence-based supervision, programs, or services to adult felon probationers with the purpose of reducing the likelihood that these probationers will commit new crimes or other violations and be sent to prison. In order to receive funding, applicants seeking these funds shall be required to demonstrate that the programs for which they are seeking funds are evidence-based and targeted toward adults on felony probation. Applicants shall also be required to demonstrate how these programs create jobs. Cal EMA shall seek to distribute these funds proportionately to all county probation departments that submit qualifying applications based on each county's population of adults 18 to 25 years of age, inclusive, provided that each county receiving funding shall receive a minimum of $25,000. An evidence-based program for adult probationers is one for which the applicant can identify empirical evidence that the program has been shown to reduce rates of reoffending,rearrest, reconviction, or reincarceration for program participants or that the program is considered a best practice in the criminal justice literature. Evidence-based programs for adult offenders include, but are not limited to, risk andneeds assessments, graduated sanctions for probation violators, substance abuse and mental health treatment, employment and training assistance, case management, intensive supervision for high-risk offenders coupled with treatment services, and program evaluation.Applicants must demonstrate how specified outcome-based measuresconsistent with the goals of this program will be identified and tracked. A total of $424,000 of the $45,000,000 funded forthis program shall be awarded to the Administrative Office of the Courts for the purpose of providing technical assistance to recipient counties in implementing these grants, including, but not limited to, developing, tracking, and reporting on outcome-based measurements to evaluate the program.
(c) Of the total provided, $19,750,000 shall be used for the Anti-Drug Abuse (ADA) Enforcement Program to support multijurisdictional drug task forces that combat street to mid-level drug sales, manufacturing, anddistribution at the local level.
(d) Of the total provided, $10,000,000 shall be provided to the Judicial Council to create, in partnership with the Department of Corrections and Rehabilitation (DCR), reentry courts designed to divert parole violators from prison through use of collaborative courts that provide enhanced supervision and services for inmates with mental health and substance abuse problems. No more than 5 percent of the $10,000,000 provided may be used by the Administrative Officeof the Courts or DCR for administration of this program.
(e) Of the total provided, $4,500,000 shall be used for the California Multijurisdictional Methamphetamine Enforcement Team (Cal-MMET) Program to combat mid- to high-level methamphetamine manufacturing and drug trafficking organizations.
(f) Of the total provided, $3,750,000 shall be used for human trafficking task forces for purposes of increasing coordinationamong law enforcementagencies, districtattorneys, victim services groups, and others to improve or increase training in human trafficking cases and the investigation and prosecution of those cases.
(g) Of the total provided,$3,300,000 shall be used for firearm trafficking programs designed to increase coordination among state, federal, and local law enforcement agencies for the purpose of increasing antifirearms trafficking efforts in California's border region.
(h) Of the total provided, $2,100,000 shall be used for Regional Anti-Gang intelligence-Led Policing Programs designated to establish a statewide network of antigang coordinators among law enforcement agencies andcommunity antigang efforts to support intelligence-led policing focused on gang violence.
(i) Of the total provided, $1,500,000 shall be used for the Victim Information and Notification Everyday (VINE) program designed to improve victims' access to offender information.
(j) Of the total provided, $150,000 shall be provided to the California District Attorneys Association to provide training for ADA Enforcement Program's multijurisdictional drug task forces.
(k) Applicants receiving funding shall have up to three years to expend the funds.
For full text of Assembly Bill 1: