Bill Text: CA AB2178 | 2023-2024 | Regular Session | Amended

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Bill Title: Prisons: bed thresholds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-24 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 24). Re-referred to Com. on APPR. [AB2178 Detail]

Download: California-2023-AB2178-Amended.html

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Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2178

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Introduced by Assembly Member Ting

February 07, 2024

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An act to amend Section 2067 of the Penal Code, add Section 2069 to the Penal Code, relating to prisons.

LEGISLATIVE COUNSEL'S DIGEST

AB 2178, as amended, Ting. Prisons: closures. bed thresholds.

Existing law requires the Department of Corrections and Rehabilitation to reduce the population of private in-state male contract correctional facilities. Existing law requires the department, to the extent that the adult offender population continues to decline, to reduce the capacity of state-owned and state-operated prisons or in-state leased or contract correctional facilities. In reducing prison capacity, existing law requires the department to take into consideration, among other things, the cost to operate at the facility, the impact on its workforce, and public safety and rehabilitation.

This bill would make a technical, nonsubstantive change to these provisions.

This bill would require the Secretary of the Department of Corrections and Rehabilitation to ensure that state prisons maintain average daily empty bed thresholds, as specified. The bill would require the secretary, no later than 30 days after determining it is necessary to exceed the specified thresholds, to report to the Joint Legislative Budget Committee the reasons for maintaining empty beds above the threshold.

The bill would make related findings and declarations.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 2069 is added to the Penal Code, to read:

2069.

 (a) The Legislature finds and declares all of the following:

(1) On February 10, 2014, a federal three-judge court ordered the Department of Corrections and Rehabilitation to reduce the population of state prisons to 137.5 percent of their design capacity by February 28, 2016. The department met this requirement and has since remained in compliance. To maintain compliance, the department typically maintained about 2,500 empty beds, meaning it managed the population so that it housed about 2,500 people, on an average daily population basis, less than the court-ordered limit.

(2) Because prison capacity reductions have not kept pace with the ongoing decline in the prison population, the number of empty beds has grown significantly in recent years. As of January 31, 2024, state prisons have 13,211 empty beds. This number is projected to grow to about 19,000 empty beds, or nearly one-fifth of the statewide prison capacity, by June 30, 2028, after accounting for the planned closure of Chuckawalla Valley State Prison in 2025.

(3) Maintaining more than 2,500 empty prison beds is not a cost-effective use of taxpayer money.

(b) The secretary shall ensure that state prisons do not maintain more empty beds in operation, on an average daily population basis, than is specified in subdivision (c). Notwithstanding this requirement, the secretary may allow the number of empty beds to exceed the benchmarks specified in subdivision (c) if necessary to address exigent circumstances. No later than 30 days after the secretary determines it will be necessary to exceed the benchmarks specified in subdivision (c), the secretary shall provide written explanation of the circumstances and resulting need to maintain additional empty beds to the Joint Legislative Budget Committee.

(c) For the purposes of this section, the average daily empty bed thresholds are as follows for each fiscal year:

(1) 11,300 for 2025-26.

(2) 9,900 for 2026-27.

(3) 8,400 for 2027-28.

(4) 5,900 for 2028-29.

(5) 2,500 for 2029-30 and thereafter.

SECTION 1.Section 2067 of the Penal Code is amended to read:

2067.

(a)As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities.

(b)As the population of offenders in private in-state male contract correctional facilities identified in subdivision (a) is reduced, and to the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall accommodate the projected population decline by reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, in a manner that maximizes long-term state facility savings, leverages long-term investments, and maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. In reducing this additional capacity, the department shall take into consideration the following factors, including, but not limited to:

(1)The cost to operate at the capacity.

(2)Workforce impacts.

(3)Subpopulation and gender-specific housing needs.

(4)Long-term investment in state-owned and operated correctional facilities, including previous investments.

(5)Public safety and rehabilitation.

(6)The durability of the state’s solution to prison overcrowding.

(c)The following shall apply:

(1)Subdivision (b) is not enforceable by a private right of action.

(2)Subdivision (b) does not create an act or duty enforceable under Sections 1060 or 1085 of the Code of Civil Procedure.

(3)A city, county, city and county, local district, or special district shall not maintain an action or proceeding against the State of California pursuant to subdivision (b).

(d)An action initiated regarding this section shall be brought in the superior court of the County of Sacramento.