Governor's Public Safety Reform Initiative
On January 26, 2016, the Governor announced that he has submitted an Initiative for the November 2016 ballot titled "THE PUBLIC SAFETY AND REHABILITATION ACT OF 2016." (Attachment A) This initiative would make changes to parole for adults and would amend the current juvenile initiative.
The initiative:
-Authorizes parole consideration for nonviolent inmates who complete the full sentence for their primary offense.
-Allows inmates to earn credits for good behavior, education and rehabilitative achievement.
-Requires judges rather than prosecutors to decide whether juveniles as young as 14-years-old should be tried as adults.
California's prisons are under a court-ordered population cap, the prison population is expected to grow, and there are almost 5,000 inmates housed in out-of-state prisons. Without further action, the court will order the release of prisoners. This initiative--through its nonviolent parole and earned-credit provisions--will help ensure that any release of rehabilitated inmates is consistent with public safety.
Currently, prosecutors often must decide within 48 hours whether a juvenile should be charged as an adult. The initiative will require a judge, instead of a prosecutor, to carefully review all of the circumstances and make the decision.
Budget Proposal on County Jail Facilities and Permit Incentives - Request for Comment
One of the proposals in the Governor’s Budget is $250 million in grants to counties for jail facilities construction. However, this preliminary proposal is limited to those counties that have never received an award or only received a partial award. Based on information from the Board of State and Community Corrections (BSCC), only 3 urban counties fit into these categories.
In light of this restriction on the ability to apply, the Urban Counties Caucus Executive Director wants to get a sense from the urban counties if counties are interested in applying, or believed they need additional funds for jail facilities in their county. This is to help her to decide whether the UCC should support this item or whether the UCC should request changes to the application process as outlined by the Governor.
The UCC Executive Director is requesting feedback by Friday February, 19, 2016.
Transportation Funding
Recently, the California Transportation Commission (CTC) took action to lower its funding estimate for the State Transportation Improvement Program (STIP) due to continuing decreases in fuel tax revenues. On January 27, the Commission sent the Legislature a letter describing the worsening fiscal condition of the state transportation system and outlining projects that will be indefinitely delayed as a result of decreased revenues. The reductions in revenue prompting the CTC action last week also affect the funding available for the local street and road system, as the primary source of funding for maintaining and operating local roads is the state gasoline excise tax.
Due to low prices and changes in consumption patterns, funding for local roads is down about 25% over the last two fiscal years. CSAC is working with public works departments in every county to identify the impacts of these ongoing revenue reductions. In the coming weeks, CSAC will continue their push for a comprehensive transportation funding package that invests at least $3 billion annually in local streets and roads. CSAC urges counties to reach out to their legislative representatives to ensure they are aware of these ongoing revenue reductions. CSAC is planning a Press Conference in Contra Costa County the week of February 8 to highlight the more than $24 million in impacts to projects in Contra Costa County.
By Right Housing Element Legislation
Attached is a legislative proposal (Attachment B) related to by right housing and housing elements from the American Planning Association, California Chapter. CSAC welcomes review and feedback from counties by Friday, February 12.
Based on CSAC staff's initial read, the proposal would specify that an attached housing development shall not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of CEQA, provided that the development either:
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Meets the criteria for a CEQA exemption for a residential project located on an infill site within an urbanized area under SB 1925 (Sher, 2002) pursuant to PRC Sections 21159.22, 21159.23, and 21159.24.
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Meets all the following criteria:
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Located on site listed in jurisdiction’s housing element inventory OR located on a site that has been or will be rezoned pursuant to the housing element.
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The development doesn’t contain more dwelling units than projected to be accommodated on the affected sites from the housing element plus any density bonus for which the development is eligible.
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The development complies with applicable, objective general plan and zoning standards, including design standards (Note: this provision says when “the attached housing development was determined to be complete” but I assume it means when the application was complete.)
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The development is located in either:
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An Urbanized Area, or
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CDP with a population density of at least 5,000 per square mile, or
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For a project with 50 or fewer units, within an incorporated city with a density of at least 2,500/square mile and a population of at least 25,000, or
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An infill site as defined in Section 21061.5 of the PRC (infill definition from SB 375)
Other provisions include a requirement that at least 10% of units in the attached housing development be affordable to very low income households, or at least 20% of the units be affordable to lower income houses, or at least 50% of the units be affordable for moderate income households for a period of at least 30 years.
CSAC would appreciate any initial comments or concerns counties may have with this legislative proposal, which has yet to be introduced in bill form.
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