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County of Orange Positions on Proposed Legislation

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County of Orange Positions on Proposed Legislation DRAFT A Publication of the County Executive Office/Legislative Affairs August 11, 2020 Item No. 17 County of Orange Positions on Proposed Legislation The Legislative Bulletin provides the Board of Supervisors with analyses of measures pending in Sacramento and Washington that are of interest to the County. Staff provides recommended positions that fall within the range of policies established by the Board. According to the County of Orange Legislative Affairs Procedures adopted by the Board of Supervisors on December 10, 2019, staff recommendations for formal County positions on legislation will be agendized and presented in this document for Board action at regular Board of Supervisors meetings. When the Board takes formal action on a piece of legislation, the CEO will direct the County’s legislative advocates to promote the individual bills as approved by the Board. The Legislative Bulletin also provides the Board of Supervisors with informative updates on State and Federal issues. The 2019-2020 Legislative Platform was adopted by the Board of Supervisors’ on December 4, 2018. On August 11, 2020, the Board of Supervisors will consider the following actions: RECOMMENDED ACTIONS 1. Receive and File Legislative Bulletin INFORMATIONAL ITEMS 1. County Position Matrix: CEO-LA 2. Sacramento Legislative Report 3. Washington DC Legislative Report JMP8620 INFORMATIONAL ITEMS 1. County Position Matrix: CEO-LA The tables below lists active bills the County has taken positions on in 2019-20. State Legislation As of Thursday, August 6, 2020 Bill Number Author Subject Position Date of Status Notes Board Action AB 434 Daly Housing Financing Support 7.28.20 Senate Housing Programs: Uniform Procedures Hearing Date: August 6th AB 516 Chiu Authority to Remove Oppose 6.4.19 Senate Appropriations – Vehicle Suspense File AB 1063 Petrie- Planning and Zoning Support 7.14.20 Senate Housing Norris Law: Housing Element AB 1994 Holden Eligibility Support 6.23.20 Senate Health AB 2265 Quirk- Mental Health Support 5.19.20 Senate Health Silva Services Act: Use of funds for substance Hearing Date: August use disorder treatment 11th SB 12 Beall Mental Health Support 5.7.19 Assembly Appropriations Services: Youth – Suspense File SB 144 Mitchell Fees: Criminal Admin Oppose 5.7.19 Assembly Public Safety Fees SB 258 Hertzberg California Emergency Support 5.21.19 Assembly Appropriations Solutions and Housing – Suspense File Program: grants: homeless shelters: pets and veterinary services SB 465 Bates San Onofre Nuclear Support 5.7.19 Assembly Appropriations Generating Station: - Suspense File Emergency Planning SB 555 Mitchell Jails and Juvenile Oppose 6.25.19 Assembly Appropriations Facilities: Telephone – Suspense File Services: Store SB 665 Umberg Mental Health Sponsor 4.23.19 Assembly Appropriations Services Fund: County /Support Jails SB 736 Umberg Creative Economy Support 5.21.19 Assembly Appropriations Task Force – Suspense File SB 803 Beall Mental Health Support 3.10.20 Assembly Appropriations Services: peer support specialist certification Page 2 of 8 SB 1196 Umberg Price gouging Support 5.19.20 Assembly Public Safety Federal Legislation As of Thursday August 6, 2020 Bill Number Author Subject Position Date of Status Notes Board Action HR 2995 Levin Spent Fuel Support 6.25.19 House Committee on Prioritization Act Energy and Commerce – Subcommittee on Environment and Climate Change HR 4004 Bustos The “Social Support 1.14.20 House Committee on Determinants Energy and Commerce Accelerator Act of 2019” S.923 Feinstein Fighting Support 5.7.19 Senate Committee on Homelessness Health, Education, Labor Through Services and and Pensions Housing Act S. 3020 Baldwin Commitment to Support 3.10.20 Senate Committee on Veteran Support and Veterans Affair Outreach 2. Sacramento Legislative Report Prepared by Precision Advocacy Group LLC We have entered the last month of the 2019-20 legislative session, and although this year has been atypical, the excitement of the end of session hasn’t disappeared. The Legislature is still extremely busy, advocates are still working, and the panicky feeling of needing to get a lot done in a short period of time is omnipresent. Rumors of a special session abound without clarity, details, or a set agenda. Since no one can go anywhere anyway, we’ll be sticking around to see what happens. SB 665 (Umberg) Mental Health Services Act Funding in Jails The Assembly Health Committee heard SB 665 sponsored by Orange County on August 4th. The hearing began at 2:00, wrapped up around 9:30 p.m., and included discussions of a number of controversial bills, from tobacco flavors to health care system consolidation. The County’s correctional health staff stayed in the office until the end of the hearing to testify telephonically and ensure that any questions from committee members were answered – for that, we are deeply appreciative. Senator Umberg provided an outstanding presentation of the bill, and in the end, local control won the day on a 14-0 vote. During the weeks leading up to the hearing, we yearned for the old days of in-person lobbying. Reaching staffers and members to discuss the intricacies of the legislation without entering the Capitol building was challenging and required multiple emails, texts, and phone calls for each office. Senator Umberg additionally called his colleagues to elicit support. Opposition to the measure – primarily mental health advocacy groups – were also working full-time to convince committee members that the measure would divert behavioral health funding and that Mental Health Services Act (MHSA) funding should not be utilized in locked facilities. Page 3 of 8 Our advocacy on behalf of the County has remained consistent, and the messaging resonated with legislators: • SB 665 is a time-limited, small-scale, voluntary pilot program. It will allow the use of MHSA Innovation funding, which comprises 5% of total MHSA funding, in jails, in up to 8 counties. • The pilot program will involve community input, Board of Supervisors’ approval, and approval by the Mental Health Services Oversight and Accountability Commission (MHSOAC). • Incarcerated persons with mental health issues in the jails are the same persons suffering with mental health issues in our communities. SB 665 provides the opportunity to see whether additional help within the jail will assist in the reduction of recidivism and the stabilization of individuals with mental health illnesses. • This Innovations Program will provide the opportunity to truly track and test the validity of the arguments being made in support of increasing the flexibility of MHSA dollars to fund mental health services in county jails. • At the end of the pilot program, the MHSOAC will advise the Legislature on outcomes and whether this flexibility of MHSA funding should continue. Division of Juvenile Justice Realignment Although the budget has passed, negotiations around the realignment of juvenile justice from the State to counties is ongoing. The Legislature delayed policy action on this issue in June, wanting additional time and analysis before making large-scale decisions around a vulnerable population. This week, the Assembly Budget Subcommittee on Public Safety is holding an informational hearing to discuss the governor’s proposal as well as an alternative proposal. The Senate Budget Subcommittee is expected to do the same in the near future. California currently has 4 juvenile justice facilities housing close to 800 youth. The 2019-20 Budget Act moved the Division of Juvenile Justice (DJJ), a division within the California Department of Corrections and Rehabilitation (CDCR), to the Health and Human Services Agency. As part of this year’s May Revision, the governor proposed to instead realign DJJ to counties. Comments and concerns from the Assembly committee agenda: • In 2018, out of 43 counties, 39 county juvenile halls were less than half full and at least 7 were less than 25% full, suggesting that counties have the physical capacity to absorb the DJJ realigned population. • One-time funding to counties to support security enhancements and some regionalized capacity may be warranted. • Annual commitments to DJJ are between 200-250 youth. • The Legislature is concerned about the potential risk that additional youth will be charged as adults with the closure of the DJJ. • Effective oversight of the juvenile justice system is a concern. There are inconsistencies in the development of annual juvenile justice plans and annual reporting by counties on the effectiveness of programs. • 93% of youth in DJJ are youth of color. • There are significant gaps in juvenile justice data that prevent proper oversight of programming and funding. • The Legislature may want to consider funding approaches that allow greater flexibility for program delivery, as counties have found approaches improving youth outcomes and enhancing public safety. The alternative proposal to be introduced is described as building upon the governor’s proposal and containing key provisions of priority for the Committee. It is being brought forward by Human Rights Watch Page 4 of 8 and Books Not Bars among others. Below is an abbreviated version of the committee’s table comparing the governor’s proposal to the alternative. Provisions Governor’s Proposal Alternative Proposal Intake Closure Date July 1, 2021 July 1, 2023 Final DJJ Closure Date Through attrition December 31, 2023 Planning Body None Subcommittee under the Health and Human Services Child Welfare Council Incentives/Disincentives Counties to pay $125,000 per • Provides counties with youth, per year for each youth prorated $150,000 per that remains in DJJ on or after youth that is recalled from July 1, 2021 up until the age of DJJ in 2021-2022. 23. • Charges counties for youth charged in criminal court to reduce adult transfers. Funding • Distributed by the Board of • Distributed by new Office State and Community of Youth Justice. Corrections. • Block grant based a • Funding formula based on county’s youth population county prior use of DJJ. and youth adjudicated for • $40 million for the first year WIC 707(b).
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