Senate Bill No. 1020

CHAPTER 40

An act to amend Sections 30025, 30026, and 30028 of, to amend andrepeal Sections 30027, 30028.5, 30029, and 30029.2 of, to add Sections30026.5, 30027.5, 30027.6, 30027.7, 30027.8, 30027.9, 30027.10, 30027.11,30028.1, 30029.05, 30029.07, 30029.3, 30029.5, 30029.6, 30029.7, 30029.8,30029.11, and 30029.12 to, to repeal Section 30029.3 of, and to repeal andadd Section 30029.4 of, the Government Code, and to amend Sections17600.15 and 17601.20 of, to add Sections 17601.25 and 17602.1 to, andto repeal Section 1954 of, the Welfare and Institutions Code, relating topublic safety services funding, and making an appropriation therefor, totake effect immediately, bill related to the budget.

[Approved by Governor June 27, 2012. Filed withSecretary of State June 27, 2012.]

legislative counsel’s digest

SB 1020, Committee on Budget and Fiscal Review. Public SafetyRealignment.

(1)  Existing law, the 2011 Realignment Legislation addressing publicsafety and related statutes, require that certain specified felonies be punishedby a term of imprisonment in a county jail for 16 months, or 2 or 3 yearsand provides for postrelease community supervision by county officials forpersons convicted of certain specified felonies upon release from prison orcounty jail. As part of the realignment of public safety services to localagencies, existing law establishes the Local Revenue Fund 2011 into whichspecified tax revenues are deposited and are continuously appropriated forthe provision of public safety services, as defined. Under existing law, theLocal Revenue Fund 2011 contains various accounts and subaccounts fromwhich the revenues are then allocated to corresponding local accounts.

This bill would revise the provisions establishing the Local Revenue Fund2011 by abolishing accounts in the fund as of September 30, 2012, with theexception of the Mental Health Account which this bill would retain, andcreating new accounts, subaccounts, and special accounts in the LocalRevenue Fund of 2011, as provided. The bill would require that money inthe existing accounts be transferred to the newly created successor accountson September 15, 2012. The bill would direct each county or city and countyto create corresponding local accounts in each county or city and county’sCounty Local Revenue Fund 2011, as provided, to receive allocations fromthe state accounts. The bill would permit any county or city and county toannually reallocate money between subaccounts in the local Support ServicesAccount, and to reallocate funds from the Protective Services Subaccountor the Behavioral Health Subaccount, or both, to the Support Services

96

Reserve Subaccount, which would be created pursuant to this bill, asprovided.

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 theController to allocate the tax revenues received in the Local Revenue Fund2011 to the Mental Health Account, and also to the Support ServicesAccount, the Law Enforcement Services Account and the Sales and UseTax Growth Account, which would be created by the bill, and to varioussubaccounts and growth special accounts created within those latter 3accounts, according to specified percentages and maximums. In thosesubsequent fiscal years, the bill would also require the Controller to allocatefunds to the subaccounts within the Support Services Account and the LawEnforcement Services Account from the subaccounts in the Sales and UseTax Growth Account, based on specified calculations of base funding. Thebill would require the Controller to post specified information on theController’s Internet Web site regarding the funds deposited in thoseaccounts and subaccounts. The bill would require the Controller to allocatefunds, that would otherwise be allocated to a county for a program fundedby the Behavioral Health Subaccount, to the County Intervention SupportServices Subaccount in the Support Services Account if the State Departmentof Health Care Services determines that federal Medicaid funds are at riskdue to specified circumstances. The bill would provide that, if the taxrevenues deposited in the Local Revenue Fund 2011 cease or are decreased,the state shall provide an equivalent amount to fund the provision of PublicSafety Services and, if that annual appropriation is not made, the bill wouldrequire the Controller to allocate those amounts from the General Fund,thereby making an appropriation.

(2)  The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the state. Statutoryprovisions establish procedures for making that reimbursement.

This bill would provide that any new program or higher level of serviceimposed on a local agency by the 2011 Realignment Legislation, as defined,or any executive order or administrative directive issued to implement thatlegislation, shall be reimbursed by the state only from moneys provided forthat activity, as specified; that those agencies shall be obligated to providethe new program or higher level of service only to the extent of that fundingso provided; and any new program or higher level of service provided by alocal agency above the level for which funding has been provided shall beoptional and, as such, the costs thereof shall not be subject to reimbursement,except in specified circumstances where, for certain programs, the statewould provide 50% of the nonfederal shares of any increased costs. Thebill would require a county electing to use its own funds to pay for anyincreased cost, duty, or level of service to first exhaust funding available toit from the Local Revenue Fund and the Local Revenue Fund 2011. Thebill would require funds deposited into a County Local Revenue Fund 2011to be spent in a manner to maintain the state’s eligibility for federal matchingfunds, as specified, and would prohibit those funds from being used to

96

— 2 —Ch. 40

supplant other funding for Public Safety Services. The bill would providethat these provisions shall become inoperative upon approval by the votersof a specified constitutional amendment at the November 6, 2012, statewidegeneral election.

(3)  Existing law, the Ralph M. Brown Act, requires each legislative bodyof a local agency to provide notice of the time and place for holding regularmeetings and an agenda containing a brief general description of each itemof business to be transacted. The act also requires that all meetings of alegislative body be open and public and all persons be permitted to attendunless a closed session is authorized.

This bill would require any decision of a county board of supervisors toeliminate or significantly reduce optional behavioral health services, adultprotective services, or specified child welfare services funded fromallocations from the Support Services Account of the Local Revenue Fund2011 to be made in open session, as an action item, at a duly noticed meetingof the board. The bill would require a county or city and county to documentany decision to make any change in its allocation between the ProtectiveServices Subaccount or Behavioral Health Subaccount moneys at a regularlyscheduled public hearing of its governing body. The bill would require thatauthorization to make a reallocation from the Protective Services Accountor the Behavioral Health Subaccount, or both, to the Support ServicesReserve Subaccount only be made in a duly noticed public meeting.

(4)  Existing law establishes the Local Revenue Fund, which containsspecified accounts and subaccounts, including, among others, the MentalHealth Subaccount and the CalWORKs Maintenance of Effort Subaccount.Existing law requires a monthly allocation from the Mental Health Accountin the Local Revenue Fund 2011 to those subaccounts in the Local RevenueFund.

This bill would require $93,379,252 to be allocated monthly by theController to the Mental Health Account of the Local Revenue Fund 2011,and from that account to the Mental Health Subaccount in the Local RevenueFund. The bill would also require specified funds in the Local RevenueFund that would otherwise have been deposited into each county’s MentalHealth Account to be deposited into the CalWORKs Maintenance of EffortSubacconut, not to exceed $1,120,551,000 per year.

(5)  Existing law, for the 2011–12 fiscal year, allocates moneys from theLocal Revenue Fund to the Mental Health Account, the Health and HumanServices Account, the Trial Court Security Account, the Local CommunityCorrections Account, by county, the District Attorney and Public DefenderAccount, by county, and the Local Law Enforcement Services Account forspecified purposes and requires the Controller to allocate those funds to thecorresponding local accounts on specified dates.

This bill would, for the purposes of the allocations in the 2011–12 fiscalyear to the above accounts, include cash received in July and up to August15, 2012. The bill, commencing with the 2012–13 fiscal year, beginningwith cash received on and after August 16, 2012, would instead create andallocate funds to the Trial Court Security Subaccount, by county, would

96

Ch. 40— 3 —

change the percentages to the counties that are allocated for criminal justiceprograms under the Community Corrections Subaccount and the DistrictAttorney and Public Defender Subaccount, and would create and allocatefunds in the Enhancing Law Enforcement Activities Growth Special Accountin the Enhancing Law Enforcement Activities Subaccount, as specified.

The bill would require moneys allocated from the growth special accountsin the Support Services Growth Subaccount and the Law EnforcementServices Growth Subaccount to be allocated to the corresponding accountand subaccount in each county or city and county’s County Local RevenueFund 2011, either according to percentages provided by the bill, or pursuantto 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 receivesfrom the Trial Court Security Growth Special Account, the CommunityCorrections Growth Special Account, the District Attorney and PublicDefender Growth Special Account, and the Juvenile Justice Growth SpecialAccount to the Local Innovation Subaccount, to be used for any of thepurposes that money in those accounts may be expended.

The bill would require the Controller to allocate certain moneys from theProtective Services Growth Special Account to counties for various localsocial services, including adult protective services, foster care grants andservices, and child welfare services, according to certain percentages andcalculations.

The bill would require the Controller to allocate moneys from theCommunity Corrections Growth Special Account to counties to fund thePostrelease Community Supervision Act of 2011 and to fund housing ofparolees in county jails.

The bill would require the Controller to allocate moneys to each countyfrom the Youthful Offender Block Grant Special Account and the JuvenileReentry Grant Special Account to fund grants to provide local servicesrelating to the custody and parole of youthful offenders in accordance withreports prepared by the Department of Finance.

(6)  Existing law establishes within the Local Revenue Fund 2011 variousaccounts and subaccounts relating to corrections, social services, and lawenforcement, including the Local Community Corrections Account, theAdoptions 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 andsubaccounts for these purposes, as specified. The bill would require that themoneys allocated from the Behavioral Health Subaccount of the LocalRevenue Fund 2011 be distributed by the Controller pursuant to schedulesprovided by the Department of Finance created in consultation withappropriate state agencies and the California State Association of Counties.The bill would authorize, to the extent consistent with or required by federallaw or court order, a county or counties to contract directly with the StateDepartment of Health Care Services or the State Department of Social

96

— 4 —Ch. 40

Services, as applicable, to provide for the provision or administration of theprograms, services, or activities relating to the Drug Medi-Cal TreatmentProgram or agency adoptions.

The bill would also authorize a county or city and county to elect and, inconsultation with the California State Association of Counties be designatedby the State Department of Social Services, to contract to provide specifiedsocial services programs, functions, or services, including services relatingto private agency adoption reimbursements and postsecondary and trainingvouchers.

(7)  This bill would declare that it is to take effect immediately as a billproviding for appropriations related to the Budget Bill.

Appropriation: yes.

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

SECTION 1. This act is titled and may be cited as 2011 RealignmentLegislation.

SEC. 2. Section 30025 of the Government Code is amended to read:30025. (a)  The Local Revenue Fund 2011 is hereby created in the State

Treasury and shall receive all revenues, less refunds, derived from the taxesdescribed in Sections 6051.15 and 6201.15; revenues as may be allocatedto the fund pursuant to Sections 11001.5 and 11005 of the Revenue andTaxation Code; and other moneys that may be specifically appropriated tothe fund.

(b)  (1)  (A)   The Trial Court Security Account, the Local CommunityCorrections Account, the Local Law Enforcement Services Account, theMental Health Account, the District Attorney and Public Defender Account,the Juvenile Justice Account, the Health and Human Services Account, theReserve Account, and the Undistributed Account are hereby created withinthe Local Revenue Fund 2011.

(B)  On September 15, 2012, all of the funds in the Trial Court SecurityAccount, the Local Community Corrections Account, the Local LawEnforcement Services Account, the District Attorney and Public DefenderAccount, and the Juvenile Justice Account shall be distributed to theappropriate successor subaccounts and special accounts as provided inparagraph (3), and on September 30, 2012, are abolished.

(C)  On September 30, 2012, the Health and Human Services Account isabolished.

(D)  On January 1, 2013, the Reserve Account and the UndistributedAccount described in subparagraph (A) are abolished.

(2)  (A)  The Support Services Account, the Law Enforcement ServicesAccount, and the Sales and Use Tax Growth Account are hereby createdwithin the Local Revenue Fund 2011.

(B)  The Protective Services Subaccount, the Behavioral HealthSubaccount, and the County Intervention Support Services Subaccount arehereby created within the Support Services Account.

96

Ch. 40— 5 —

(C)  The Trial Court Security Subaccount, the Enhancing LawEnforcement Activities Subaccount, the Community Corrections Subaccount,the District Attorney and Public Defender Subaccount, and the JuvenileJustice Subaccount are hereby created within the Law Enforcement ServicesAccount.

(D)  The Enhancing Law Enforcement Activities Growth Special Accountis hereby created within the Enhancing Law Enforcement ActivitiesSubaccount.

(E)  The Support Services Growth Subaccount and the Law EnforcementServices Growth Subaccount are hereby created within the Sales and UseTax Growth Account.

(F)  The Protective Services Growth Special Account and the BehavioralHealth Services Growth Special Account are created within the SupportServices Growth Subaccount.

(G)  The Women and Children’s Residential Treatment Services SpecialAccount is hereby created in the Behavioral Health Subaccount for theWomen and Children’s Residential Services Treatment Program as describedin Chapter 2.1 (commencing with Section 11757.65) of the Welfare andInstitutions Code.

(H)  The Trial Court Security Growth Special Account, the CommunityCorrections Growth Special Account, the District Attorney and PublicDefender Growth Special Account, and the Juvenile Justice Growth SpecialAccount are hereby created within the Law Enforcement Services GrowthSubaccount.

(3)  On September 15, 2012, the funds in the following accounts andsubaccounts, and funds that subsequently would have been deposited in thefollowing accounts and subaccounts, shall be transferred as follows:

(A)  Funds in the Trial Court Security Account shall be transferred to theTrial Court Security Subaccount.

(B)  Funds in the Local Community Corrections Account shall betransferred to the Community Corrections Subaccount.

(C)  Funds in the Local Law Enforcement Services Account shall betransferred to the Enhancing Law Enforcement Activities Subaccount.

(D)  Funds in the District Attorney and Public Defender Account shallbe transferred to the District Attorney and Public Defender Subaccount.

(E)  Funds in the Juvenile Justice Account shall be transferred to theJuvenile Justice Subaccount.

(c)  (1)  (A)  The Youthful Offender Block Grant Subaccount and theJuvenile Reentry Grant Subaccount are hereby created within the JuvenileJustice Account.

(B)  On September 15, 2012, all of the funds in the Youthful OffenderBlock Grant Subaccount and the Juvenile Reentry Grant Subaccount shallbe distributed to the appropriate successor special accounts as provided inparagraph (3), and on September 30, 2012, the subaccounts are abolished.

(2)  The Youthful Offender Block Grant Special Account and the JuvenileReentry Grant Special Account are hereby created within the Juvenile JusticeSubaccount.

96

— 6 —Ch. 40

(3)  On September 15, 2012, the funds in the following subaccounts, andfunds that subsequently would have been deposited in the followingsubaccounts, shall be transferred as follows:

(A)  Funds in the Youthful Offender Block Grant Subaccount shall betransferred to the Youthful Offender Block Grant Special Account.

(B)  Funds in the Juvenile Reentry Grant Subaccount shall be transferredto the Juvenile Reentry Grant Special Account.

(d)  (1)  (A)  The Adult Protective Services Subaccount, the Foster CareAssistance Subaccount, the Foster Care Administration Subaccount, theChild Welfare Services Subaccount, the Adoptions Subaccount, the AdoptionAssistance Program Subaccount, the Child Abuse Prevention Subaccount,the Women and Children’s Residential Treatment Services Subaccount, theDrug Court Subaccount, the Nondrug Medi-Cal Substance Abuse TreatmentServices Subaccount, and the Drug Medi-Cal Subaccount are hereby createdwithin the Health and Human Services Account within the Local RevenueFund 2011.

(B)  On September 15, 2012, all of the funds in the Adult ProtectiveServices Subaccount, the Foster Care Assistance Subaccount, the FosterCare Administration Subaccount, the Child Welfare Services Subaccount,the Adoptions Subaccount, the Adoption Assistance Program Subaccount,the Child Abuse Prevention Subaccount, the Women and Children’sResidential Treatment Services Subaccount, the Drug Court Subaccount,the Nondrug Medi-Cal Substance Abuse Treatment Services Subaccount,and the Drug Medi-Cal Subaccount shall be distributed to the appropriatesuccessor subaccounts as provided in paragraph (2), and on September 30,2012, the subaccounts named in this paragraph are abolished.

(2)  On September 15, 2012, the funds in the following subaccounts, andfunds that subsequently would have been deposited in the followingsubaccounts, shall be transferred as follows:

(A)  Funds in the Adult Protective Services Subaccount, the Foster CareAssistance Subaccount, the Foster Care Administration Subaccount, theChild Welfare Services Subaccount, the Adoptions Subaccount, the AdoptionAssistance Program Subaccount, and the Child Abuse Prevention Subaccountshall be transferred to the Protective Services Subaccount.

(B)  Funds in the Drug Court Subaccount, the Nondrug Medi-CalSubstance Abuse Treatment Services Subaccount, and the Drug Medi-CalSubaccount shall be transferred to the Behavioral Health Subaccount.

(C)  Funds in the Women and Children’s Residential Treatment ServicesSubaccount shall be transferred to the Women and Children’s ResidentialTreatment Services Special Account.

(e)  Funds transferred to the Local Revenue Fund 2011 and its accounts,subaccounts, and special accounts are, notwithstanding Section 13340,continuously appropriated and shall be allocated pursuant to statuteexclusively for Public Safety Services as defined in subdivision (i) and asfurther limited by statute. The moneys derived from taxes described insubdivision (a) and deposited in the Local Revenue Fund 2011 shall beavailable to reimburse the General Fund for moneys that are advanced to

96

Ch. 40— 7 —

the Local Revenue Fund 2011. Additionally, all funds deposited in the LocalRevenue Fund 2011 and its accounts shall be available to pay for state costsincurred during the 2011–12 fiscal year from state agency or departmentappropriations authorized in the Budget Act of 2011 for the realignment ofPublic Safety Services programs during the 2011–12 legislative session.The Department of Finance is authorized to determine the time, manner,and amount to be reimbursed pursuant to this subdivision, provided thatreimbursement shall be made no later than December 1, 2012.

(f)  (1)  Each county treasurer, city and county treasurer, or otherappropriate official shall create a County Local Revenue Fund 2011 for thecounty or city and county.

(2)  (A)  Each county treasurer, city and county treasurer, or otherappropriate official shall create the Local Community Corrections Account,the Trial Court Security Account, the District Attorney and Public DefenderAccount, the Juvenile Justice Account, the Health and Human ServicesAccount, and the Supplemental Law Enforcement Services Account withinthe County Local Revenue Fund 2011 for the county or city and county.

(B)  On September 15, 2012, each county treasurer, city and countytreasurer, or other appropriate official shall distribute all of the funds in theLocal Community Corrections Account, the Trial Court Security Account,the District Attorney and Public Defender Account, the Juvenile JusticeAccount, the Health and Human Services Account, and the SupplementalLaw Enforcement Services Account within the County Local Revenue Fund2011 for the county or city and county to the appropriate successor accountsas provided in paragraphs (7) and (8), and on September 30, 2012, eachcounty treasurer, city and county treasurer, or other appropriate official shallabolish the accounts described in subparagraph (A).

(3)  Each county treasurer, and city and county treasurer, or otherappropriate official, shall create the Support Services Account and the LawEnforcement Services Account within the County Local Revenue Fund2011 for the county or city and county.

(4)  Each county treasurer, and city and county treasurer, or otherappropriate official, shall create the Protective Services Subaccount and theBehavioral Health Subaccount within the Support Services Account.

(A)  Any county or city and county may only annually reallocate moneybetween subaccounts in the Support Services Account, provided that thereallocation may not exceed 10 percent of the amount deposited in theimmediately preceding fiscal year in the subaccount in the Support ServicesAccount with the lowest balance.

(B)  A county or city and county shall, at a regularly scheduled publichearing of its governing body, document that any decision to make anychange in its allocation between the Protective Services Subaccount orBehavioral Health Subaccount moneys among services, facilities, programs,or providers as a result of reallocating funds pursuant to subparagraph (A)was based on the most cost effective use of available resources to maximizeclient outcomes.

96

— 8 —Ch. 40

(C)  Any reallocation made pursuant to this paragraph shall only be ineffect for the fiscal year in which the reallocation is made, and thereallocation shall be neither a permanent allocation nor a permanent fundingsource for any program or service receiving funds from the reallocation.

(D)  Any county or city and county that reallocates funds pursuant to thisparagraph shall forward a copy of the documentation in subparagraph (B)to the Controller. The Controller shall make an annual report to the fiscalcommittees of the Legislature of transfers made and shall forward copiesof the documentation to other interested parties upon request.

(E)  Notwithstanding subparagraph (A), any county authorized to operatean integrated and comprehensive county health and human services systempursuant to Chapter 12.95 (commencing with Section 18989), Chapter 12.96(commencing with Section 18986.60), or Chapter 12.991 (commencingwith Section 18986.86) of Part 6 of Division 9 of the Welfare and InstitutionsCode may reallocate money between the Protective Services Subaccountand the Behavioral Health Subaccount within the Support Services Accountof the County Local Revenue Fund 2011 established pursuant to paragraph(3), consistent with the provisions and restrictions contained in Chapter12.95 (commencing with Section 18989), Chapter 12.96 (commencing withSection 18986.60), or Chapter 12.991 (commencing with Section 18986.86)of Part 6 of Division 9 of the Welfare and Institutions Code.

(F)  The Counties of Alameda, Los Angeles, Marin, San Diego, SanFrancisco, and San Joaquin shall create, within the Behavioral HealthSubaccount created pursuant to this paragraph, a County Women andChildren’s Residential Treatment Services Special Account.

(5)  Each county treasurer, city and county treasurer, or other appropriateofficial shall create the following subaccounts and special accounts for eachrespective county or city and county:

(A)  The Trial Court Security Subaccount, the Enhancing LawEnforcement Activities Subaccount, the Community Corrections Subaccount,the District Attorney and Public Defender Subaccount, the Juvenile JusticeSubaccount, and the Local Innovation Subaccount within the LawEnforcement Services Account.

(B)  The Youthful Offender Block Grant Special Account and the JuvenileReentry Grant Special Account within the Juvenile Justice Subaccount.

(6)  (A)  Each county treasurer, city and county treasurer, or otherappropriate official shall create, if so directed by the Board of Supervisors,a Support Services Reserve Subaccount in the Support Services Account.

(B)  A county’s or city and county’s board of supervisors shall have theauthority to reallocate funds from the Protective Services Subaccount orthe Behavioral Health Subaccount, or both, to the Support Services ReserveSubaccount in an amount equal to, or less than, 5 percent of the total fundsallocated to those subaccounts from the corresponding State Treasurysubaccounts for the immediately preceding fiscal year, provided that noreallocation may occur that would cause the Support Services ReserveSubaccount to exceed 5 percent of the total funds allocated to the ProtectiveServices Subaccount and the Behavioral Health Subaccount from the

96

Ch. 40— 9 —

corresponding State Treasury subaccounts for the immediately precedingfiscal year. The county’s or city and county’s board of supervisors shallhave the authority to spend moneys deposited in the Support ServicesReserve Subaccount as they would any funds in the Protective ServicesSubaccount or the Behavioral Health Subaccount. The authorization to makethis reallocation or to appropriate the funding may only be made in a dulynoticed public meeting. The county or city and county shall document anyreallocations that occurred in the previous fiscal year by September 30 andshall forward a copy of the documentation to the Controller. The Controllershall make an annual report to the fiscal committees of the Legislature ofreallocations made and shall forward copies of the documentation to otherinterested parties upon request.

(7)  On September 15, 2012, each county treasurer, city and countytreasurer, or other appropriate official shall distribute all of the funds in theLocal Community Corrections Account, the Trial Court Security Account,the District Attorney and Public Defender Account, the Juvenile JusticeAccount, the Youthful Offender Block Grant Subaccount, the JuvenileReentry Grant Subaccount, and the Supplemental Law Enforcement ServicesAccount within the County Local Revenue Fund 2011 for the county or cityand county to the appropriate successor subaccounts and special accountsas follows:

(A)  Funds in the Local Community Corrections Account shall betransferred to the Community Corrections Subaccount.

(B)  Funds in the Trial Court Security Account shall be transferred to theTrial Court Security Subaccount.

(C)  Funds in the District Attorney and Public Defender Account shallbe transferred to the District Attorney and Public Defender Subaccount.

(D)  Funds in the Juvenile Justice Account shall be transferred to theJuvenile Justice Subaccount.

(E)  Funds in the Youthful Offender Block Grant Subaccount shall betransferred to the Youthful Offender Block Grant Special Account.

(F)  Funds in the Juvenile Reentry Grant Subaccount shall be transferredto the Juvenile Reentry Grant Special Account.

(G)  Funds in the Supplemental Law Enforcement Services Account shallbe transferred to the Enhancing Law Enforcement Activities Subaccount.

(8)  On September 15, 2012, each county treasurer, city and countytreasurer, or other appropriate official shall distribute the funds in the Healthand Human Services Account within the County Local Revenue Fund 2011for the county or city and county to the appropriate successor accounts andsubaccounts as follows:

(A)  Funds that a county or city and county received from the AdultProtective Services Subaccount, the Foster Care Assistance Subaccount,the Foster Care Administration Subaccount, the Child Welfare ServicesSubaccount, the Adoptions Subaccount, the Adoption Assistance ProgramSubaccount, and the Child Abuse Prevention Subaccount in the LocalRevenue Fund 2011 shall be transferred to the Protective ServicesSubaccount in the County Local Revenue Fund 2011.

96

— 10 —Ch. 40

(B)  Funds that a county or city and county received from the Drug CourtSubaccount, the Nondrug Medi-Cal Substance Abuse Treatment ServicesSubaccount, and the Drug Medi-Cal Subaccount in the Local Revenue Fund2011 shall be transferred to the Behavioral Health Subaccount in the CountyLocal Revenue Fund 2011.

(C)  Funds that a county or city and county received from the Womenand Children’s Residential Treatment Services Subaccount shall betransferred to the Women and Children’s Residential Treatment ServicesSpecial Account within the Behavioral Health Subaccount.

(9)  The moneys in the County Local Revenue Fund 2011 for each countyor city and county and its accounts shall be exclusively used for PublicSafety Services as defined in subdivision (i) and as further described in thissection.

(10)  The moneys in and transferred from the Trial Court SecurityAccount, and the moneys in its successor subaccount and special account,the Trial Court Security Subaccount and the Trial Court Security GrowthSpecial Account, shall be used exclusively to fund trial court securityprovided by county sheriffs. No general county administrative costs maybe charged to this account, including, but not limited to, the costs ofadministering the account.

(11)  The moneys in and transferred from the Local CommunityCorrections Account, and the moneys in its successor subaccount and specialaccount, the Community Corrections Subaccount and the CommunityCorrections Growth Special Account, shall be the source of funding for theprovisions of Chapter 15 of the Statutes of 2011. This funding shall not beused by local agencies to supplant other funding for Public Safety Services.This account, subaccount, and special account shall be the source of fundingfor the Postrelease Community Supervision Act of 2011, as enacted bySection 479 of Chapter 15 of the Statutes of 2011, and to fund the housingof parolees in county jails.

(12)  The moneys in and transferred from the District Attorney and PublicDefender Account, and the moneys in its successor subaccount and specialaccount, the District Attorney and Public Defender Subaccount and theDistrict Attorney and Public Defender Growth Special Account, shall beused exclusively to fund costs associated with revocation proceedingsinvolving persons subject to state parole and the Postrelease CommunitySupervision Act of 2011 (Title 2.05 (commencing with Section 3450) ofPart 3 of the Penal Code), and may be used to fund planning, implementation,and training costs for those proceedings. The moneys shall be allocatedequally by the county or city and county to the district attorney’s office andcounty public defender’s office, or where no public defender’s office isestablished, to the county for distribution for the same purpose.

(13)  The moneys in and transferred from the Juvenile Justice Account,and the moneys in its successor subaccount and special account, the JuvenileJustice Subaccount and the Juvenile Justice Growth Special Account, shallonly be used to fund activities in connection with the grant programsdescribed in this paragraph.

96

Ch. 40— 11 —

(A)  The Youthful Offender Block Grant Subaccount, and its successor,the Youthful Offender Block Grant Special Account, shall be used to fundgrants solely to enhance the capacity of county probation, mental health,drug and alcohol, and other county departments to provide appropriaterehabilitative, housing, and supervision services to youthful offenders,subject to Sections 731.1, 733, 1766, and 1767.35 of the Welfare andInstitutions Code. Counties, in expending an allocation from this subaccountor special account, shall provide all necessary services related to the custodyand parole of the offenders.

(B)  The Juvenile Reentry Grant Subaccount, and its successor, theJuvenile Reentry Grant Special Account, shall be used to fund grantsexclusively to address local program needs for persons discharged from thecustody of the Department of Corrections and Rehabilitation, Division ofJuvenile Facilities. County probation departments, in expending the JuvenileReentry Grant allocation, shall provide evidence-based supervision anddetention practices and rehabilitative services to persons who are subjectto the jurisdiction of the juvenile court, and who were committed to anddischarged from the Department of Corrections and Rehabilitation, Divisionof Juvenile Facilities. “Evidence-based” refers to supervision and detentionpolicies, procedures, programs, and practices demonstrated by scientificresearch to reduce recidivism among individuals on probation or underpostrelease supervision. The funds allocated from this subaccount or specialaccount shall supplement existing services and shall not be used by localagencies to supplant any existing funding for existing services provided bythose entities. The funding provided from this subaccount or special accountis intended to provide payment in full for all local government costs of thesupervision, programming, education, incarceration, or any other costresulting from persons discharged from custody or held in local facilitiespursuant to the provisions of Chapter 729 of the Statutes of 2010.

(14)  The moneys in and transferred from the Supplemental LawEnforcement Services Account, and the moneys in its successor subaccount,the Enhancing Law Enforcement Activities Subaccount, and moneys in theEnhancing Law Enforcement Activities Growth Special Account, shall beused to provide grants and funding to local law enforcement as providedby statute.

(15)  Notwithstanding any other provision of this section, the moneys inthe Local Innovation Subaccount shall be used to fund local needs. Theboard of supervisors of a county or city and county shall have the authorityto spend money deposited in the Local Innovation Subaccount as it wouldany funds in the Juvenile Justice Subaccount, the District Attorney andPublic Defender Subaccount, the Community Corrections Subaccount, orthe Trial Court Security Subaccount.

(16)  The moneys in and transferred from the Health and Human ServicesAccount and its subaccounts and the moneys in its successor account, theSupport Services Account, and the moneys in the Protective ServicesSubaccount and the Behavioral Health Subaccount shall be used only tofund activities performed in connection with the programs described in this

96

— 12 —Ch. 40

subdivision. Except as provided in subdivisions (c) and (d), as restricted bysubdivision (e), of Section 30026.5, counties and cities and counties shallpay 100 percent of the nonfederal costs of the programs described in thissubdivision using funds allocated from the Local Revenue Fund, the LocalRevenue Fund 2011, and any required matching expenditures. Funds shallbe used in a manner that maintains eligibility for federal funding.

(A)  The moneys in the Protective Services Subaccount and the ProtectiveServices Growth Special Account shall be used exclusively to fund thefollowing:

(i)  Adult protective services described in statute and regulation.(ii)  Foster care grants and services as those services are described in

statute, regulation, and the Title IV-E Child Welfare Waiver DemonstrationCapped Allocation Project.

(iii)  The administrative costs of foster care services as those services aredescribed in statute, regulation, and the Title IV-E Child Welfare WaiverDemonstration Capped Allocation Project.

(iv)  The costs of child welfare services as those services are describedin statute, regulation, and the Title IV-E Child Welfare WaiverDemonstration Capped Allocation Project.

(v)  The costs connected with providing adoptive services, includingagency adoptions, as described in statute and regulation, including the costsincurred by the county or city and county if the county or city and countyelects to contract with the state to provide those services.

(vi)  The costs of child abuse prevention, intervention, and treatmentservices as those costs and services are described in statute and regulation.

(vii)  The administrative costs and payments for families adopting childrenwith special needs.

(B)  The moneys in the Behavioral Health Subaccount and the BehavioralHealth Services Growth Special Account shall be used exclusively to fundthe following:

(i)  Residential perinatal drug services and treatment as those servicesand treatment are described in statute and regulation.

(ii)  Drug court operations and services as those costs are currentlypermitted and described by statute and regulation.

(iii)  Nondrug Medi-Cal substance abuse treatment programs, as describedin statute and regulation.

(iv)  The Drug Medi-Cal program as that program is described in statute,regulation, or the State Plan or its amendment or amendments.

(v)  Medi-Cal specialty mental health services, including the Early andPeriodic Screening, Diagnosis, and Treatment Program and mental healthmanaged care, as described in statute, regulation, the managed care waiverprovisions of Title XIX of the federal Social Security Act (42 U.S.C. Sec.1396n), or the State Plan or its amendment or amendments.

(C)  The moneys in the Women and Children’s Residential TreatmentServices Special Account shall be used exclusively to fund the Women andChildren’s Residential Treatment Services program, as described in Chapter

96

Ch. 40— 13 —

2.1 (commencing with Section 11757.65) of the Welfare and InstitutionsCode.

(g)  The moneys in the Reserve Account shall be used to fund entitlementspaid from the Foster Care Assistance Subaccount, the Drug Medi-CalSubaccount, and the Adoption Assistance Program Subaccount of the Healthand Human Services Account after the funding of any entitlements for the2011–12 fiscal year, and not later than December 1, 2012.

(h)  The moneys in the Undistributed Account shall be used to reimbursethe General Fund for costs incurred and expenditures made by the state onbehalf of any local government entity in providing Public Safety Services,as defined in subdivision (i), after all 2011–12 costs have been reimbursed,but not later than December 1, 2012.

(i)  For purposes of this section, “Public Safety Services” shall includeall of the following:

(1)  Employing and training public safety officials, including lawenforcement personnel, attorneys assigned to criminal proceedings, andcourt security staff.

(2)  Managing local jails and providing housing, treatment, and servicesfor, and supervision of, juvenile and adult offenders.

(3)  Preventing child abuse, neglect, or exploitation; providing servicesto children and youth who are abused, neglected, or exploited, or who areat risk of abuse, neglect, or exploitation, and the families of those children;providing adoption services; and providing adult protective services.

(4)  Providing mental health services to children and adults in order toreduce failure in school, harm to themselves and others, homelessness, andpreventable incarceration or institutionalization.

(5)  Preventing, treating, and providing recovery services for substanceabuse.

(j)  The realignment moneys collected by the state and distributed to thelocal governmental entities pursuant to this article shall be considered statefunds for the purposes of the political subdivision provision of the nonfederalshare of Medicaid expenditures for purposes of Section 5001(g)(2) of thefederal American Recovery and Reinvestment Act of 2009 (Public Law111-5) and Section 100201(c)(6) of the federal Patient Protection andAffordable Care Act (Public Law 111-148). Although the realignmentmoneys shall be considered state proceeds of taxes, they are not GeneralFund revenues.

(k)  The receipt of funding by each county or city and county pursuantto this chapter shall be contingent upon the creation of the accounts,subaccounts, and special accounts required by this chapter in each county’s,or city and county’s treasury.

SEC. 3. Section 30026 of the Government Code is amended to read:30026. (a)  Consistent with Section 636 of Chapter 15 of the Statutes of

2011, as of October 1, 2011, there is hereby established the CommunityCorrections Grant Program for the purpose of funding various changes tothe criminal justice system as required by Chapter 15 of the Statutes of 2011.

96

— 14 —Ch. 40

The grant program shall provide grants to all counties that are affected bythe provisions of Chapter 15 of the Statutes of 2011.

(b)  The moneys in the Local Community Corrections Account withinthe Local Revenue Fund 2011, and the moneys in its successor subaccountor special account, the moneys in the Community Corrections Subaccountwithin the Law Enforcement Services Account within the Local RevenueFund 2011, and the moneys in the Community Corrections Growth SpecialAccount within the Law Enforcement Services Growth Subaccount shallbe used to fund the grant program as established in subdivision (a), and theappropriation out of that account on October 1, 2011, shall constitute anappropriation to fund the Community Corrections Grant Program, consistentwith the provisions of Chapter 15 of the Statutes of 2011, and as identifiedin Section 636 of Chapter 15 of the Statutes of 2011.

SEC. 4. Section 30026.5 is added to the Government Code, to read:30026.5. (a)  “2011 Realignment Legislation” means legislation enacted

on or before September 30, 2012, to implement the state budget plan, thatis entitled 2011 Realignment and provides for the assignment to localagencies of responsibilities for Public Safety Services, including relatedreporting responsibilities. The 2011 Realignment Legislation shall providelocal agencies with maximum flexibility and control over the design,administration, and delivery of those services consistent with federal lawand funding requirements, as determined by the Legislature. However, the2011 Realignment Legislation shall include no new programs assigned tolocal agencies after January 1, 2012, except for the Early and PeriodicScreening, Diagnosis, and Treatment (EPSDT) program and mental healthmanaged care, which may also be referred to as specialty mental health careservices.

(b)  Any mandate of a new program or higher level of service on a localagency imposed by the 2011 Realignment Legislation, or by any regulationadopted or any executive order or administrative directive issued toimplement that legislation, shall, if it constitutes a mandate requiring thestate to provide a subvention of funds within the meaning of the CaliforniaConstitution, be paid from the moneys provided for that activity.

(1)  A reimbursable mandate for any program or increased level of serviceinitially created by the 2011 Realignment Legislation, as defined insubdivision (a), that may be funded from the Protective Services Subaccountor the Behavioral Health Subaccount or funding received from the ProtectiveServices Growth Special Account or the Behavioral Health Services GrowthSpecial Account shall be paid from the applicable subaccount, and no otherfunding shall be required unless the total amount received into the subaccountof any county, including optional reallocation pursuant to subparagraph (A)of paragraph (4) of subdivision (f) of Section 30025, is insufficient to providefunding for any or all mandates funded from that subaccount.

(2)  A reimbursable mandate for any program or service that may befunded from any of the subaccounts in the Law Enforcement ServicesAccount or funding received from the Law Enforcement Services GrowthSubaccount shall be paid from the applicable subaccount, and no other

96

Ch. 40— 15 —

funding shall be required unless the total amount received into the subaccountof any county or city and county is insufficient to provide funding for thatmandate.

(c)  (1)  Notwithstanding subdivision (b) or any other provision of law,legislation enacted after September 30, 2012, that has an overall effect ofincreasing the costs already borne by a local agency for programs or levelsof service mandated by the 2011 Realignment Legislation shall apply tolocal agencies only to the extent that the state provides annual funding forthe cost increase. Local agencies shall not be obligated to provide programsor levels of service required by legislation described in this paragraph abovethe level for which funding has been provided.

(2)  Notwithstanding subdivision (b) or any other provision of law,regulations, executive orders, or administrative directives, implementedafter October 9, 2011, that are not necessary to implement the 2011Realignment Legislation and that have an overall effect of increasing thecosts already borne by a local agency for programs or levels of servicemandated by the 2011 Realignment Legislation, shall apply to local agenciesonly to the extent that the state provides annual funding for the cost increase.Local agencies shall not be obligated to provide programs or levels of servicepursuant to new regulations, executive orders, or administrative directivesdescribed in this paragraph above the level for which funding has beenprovided.

(3)  Notwithstanding subdivision (b) or any other provision of law, anynew program or higher level of service provided by local agencies, asdescribed in paragraphs (1) and (2), above the level for which funding hasbeen provided, shall not require a subvention of funds by the state as thosecosts incurred at the local level shall be optional.

(d)  Notwithstanding subdivision (b) or any other provision of law, thestate shall not submit to the federal government any plans or waivers, oramendments to those plans or waivers, that have an overall effect ofincreasing the cost borne by a local agency for programs or levels of servicemandated by the 2011 Realignment Legislation, except to the extent thatthe plans, waivers, or amendments are required by federal law, or the stateprovides annual funding for the cost increase.

(e)  (1)  Notwithstanding subdivisions (b), (c), and (d) or any otherprovision of law, the state shall not be required to provide a subvention offunds pursuant to this section for a mandate that is imposed by the state atthe request of a local agency or to comply with federal law. Any state fundsprovided pursuant to subdivision (c) or (d) or this subdivision shall be fromfunding sources other than those described in subdivision (a) of Section30025, ad valorem property taxes, or the Social Services Subaccount of theSales Tax Account of the Local Revenue Fund.

(2)  For programs described in paragraphs (3), (4), and (5) of subdivision(i) of Section 30025 and included in the 2011 Realignment Legislation, ifthere are subsequent changes in federal statutes or regulations that alter theconditions under which federal matching funds as described in the 2011Realignment Legislation are obtained, and those changes have the overall

96

— 16 —Ch. 40

effect of increasing the costs incurred by a local agency, the state shallannually provide at least 50 percent of the nonfederal share of those costsas determined by the state.

(3)  When the state is a party to any complaint brought in a federal judicialor administrative proceeding that involves one or more of the programsdescribed in paragraphs (3), (4), and (5) of subdivision (i) of Section 30025and included in the 2011 Realignment Legislation, and there is a settlementor judicial or administrative order that imposes a cost in the form of amonetary penalty or has the overall effect of increasing the costs alreadyborne by a local agency for programs or levels of service mandated by the2011 Realignment Legislation, the state shall annually provide at least 50percent of the nonfederal share of those costs as determined by the state.Payment is not required if the state determines that the settlement or orderrelates to one or more local agencies failing to perform a ministerial duty,failing to perform a legal obligation in good faith, or acting in a negligentor reckless manner.

(4)  If the state or a local agency fails to perform a duty or obligationunder this section or under the 2011 Realignment Legislation, an appropriateparty may seek judicial relief. These proceedings shall have priority overall other civil matters.

(5)  The funds deposited into a County Local Revenue Fund 2011 shallbe spent in a manner designed to maintain the state’s eligibility for federalmatching funds and to ensure compliance by the state with applicable federalstandards governing the state’s provision of Public Safety Services.

(6)  The funds deposited into a County Local Revenue Fund 2011 shallnot be used by local agencies to supplant other funding for Public SafetyServices.

(f)  Any decision of a county or a city and county to eliminate orsignificantly reduce the levels or types of optional or discretionary behavioralhealth services, adult protective services, or child welfare services pursuantto Sections 11403.1 and 11403.2 of, Chapter 2.3 (commencing with Section16135) of Part 4 of Division 9 of, Sections 16508.2 and 16508.3 of, Article4 (commencing with Section 16522) of Chapter 5 of Part 4 of Division 9of, Article 2 (commencing with Section 16525.10) of Chapter 5.3 of Part 4of Division 9 of, and Section 16605 of, the Welfare and Institutions Codeand Section 10609.3 of the Welfare and Institutions Code that the countyor city and county is or has previously funded, in whole or in part, fromallocations received from the Support Services Account of the Local RevenueFund 2011 may, as a condition of the county or city and county receivingfunding, only be made in open session, as an action item, at a duly noticedmeeting of the board of supervisors. For the purpose of this subdivision,“significant reduction” shall include a 10-percent reduction in funding inany one year or a cumulative 25-percent reduction over the previous threeyears.

(g)  (1)  Federal funding has been, and continues to be, provided for PublicSafety Services described in the 2011 Realignment Legislation that arefunded from the subaccounts within the Health and Human Services Account

96

Ch. 40— 17 —

and its successor, the Support Services Account. Starting in the 2012–13fiscal year, the state provided an additional source of funding for SpecialtyMental Health Services, as described in clause (v) of subparagraph (B) ofparagraph (16) of subdivision (f) of Section 30025, from the Local RevenueFund 2011 in addition to providing funding to local government for mentalhealth services from the Local Revenue Fund and the Mental Health ServicesFund. Starting in the 2011–12 fiscal year, the state provided funding forother Public Safety Services from the Local Revenue Fund and the LocalRevenue Fund 2011.

(2)  Except as required by subdivisions (c) to (e), inclusive, the state shallnot have a share of cost for the Public Safety Services described in the 2011Realignment Legislation funded from the Local Revenue Fund or thesubaccounts within the Health and Human Services Account or its successor,the Support Services Account, in the Local Revenue Fund 2011. Funds forthe increased county share of cost shall be provided through the subaccountsin the Health and Human Services Account, and from successors to thosesubaccounts. Before local entities may spend funds from these subaccountsfor any other purpose, these funds shall first be expended for activities andproviding services that preserve federal funding and to pay for anystate-mandated costs for increased costs, duties, or levels of service as theprograms are described in statute enacted on or before September 30, 2012,or regulations, executive orders, or administrative directives implementedprior to October 9, 2011, or those regulations that are not necessary toimplement the 2011 Realignment Legislation, or state plan, or anyamendments in effect on June 30, 2012. This funding is specifically intendedto be in an amount sufficient to fund the cost of the state mandates.

(3)  Prior to a county electing to use any of its own funds to pay for anincreased cost, duty, or level of service above that required by the 2011Realignment Legislation, or that is optional under the 2011 RealignmentLegislation, the county shall first exhaust the funding available to it fromthe Local Revenue Fund established pursuant to Section 17600 of theWelfare and Institutions Code and the Local Revenue Fund 2011 forstate-mandated costs, duties, and levels of service.

(h)  (1)  Federal funding has been, and continues to be, provided for PublicSafety Services described in the 2011 Realignment Legislation that arefunded from the subaccounts within the Health and Human Services Accountand its successor, the Support Services Account. Starting in the 2012–13fiscal year, the state provided an additional source of funding for SpecialtyMental Health Services, as described in clause (v) of subparagraph (B) ofparagraph (16) of subdivision (f) of Section 30025, from the Local RevenueFund 2011 in addition to providing funding to local government for mentalhealth services from the Local Revenue Fund and the Mental Health ServicesFund. Starting in the 2011–12 fiscal year, the state provided funding forother Public Safety Services from the Local Revenue Fund and the LocalRevenue Fund 2011.

(2)  Except as required by subdivisions (c) to (e), inclusive, the state shallnot have a share of cost for the health and human services programs

96

— 18 —Ch. 40

described in the 2011 Realignment Legislation funded from the LocalRevenue Fund established pursuant to Section 17600 of the Welfare andInstitutions Code or the subaccounts within the Health and Human ServicesAccount, or its successor, the Support Services Account, in the LocalRevenue Fund 2011. Funds for the increased county share of cost shall beprovided through the subaccounts of the Health and Human Services Accountand its successors within the Support Services Account.

(3)  This subdivision shall become operative on November 7, 2012, if aconstitutional amendment adding Section 36 to Article XIII of the CaliforniaConstitution is approved by the voters at the November 6, 2012, statewidegeneral election.

(i)  (1)  Every month, the Controller shall post on the Controller’s InternetWeb site, the amount received by the Local Revenue Fund 2011 fromrevenues raised by Sections 6051.15, 6201.15, 11001.5, and 11005 of theRevenue and Taxation Code. Additionally, every month, the Controllershall post the amounts allocated to every account, subaccount, and specialaccount in the Local Revenue Fund 2011.

(2)  Annually, the Controller shall post on the Controller’s Internet Website the amounts allocated to each account, subaccount, and special account,and provide detailed information as to the source of that funding. TheController shall also post the highest amount ever allocated to the BehavioralHealth Subaccount, the Protective Services Subaccount, the Trial CourtSecurity Subaccount, and the Juvenile Justice Subaccount, and, after the2014–15 fiscal year, the highest amount ever allocated to the CommunityCorrections Subaccount, and the District Attorney and Public DefenderSubaccount. In every fiscal year in which funding is not at the highest levelfor subaccounts specifically named in this paragraph, the Controller shallnote how much growth funding may need to be provided as restorationfunding in a future fiscal year to achieve that level.

(3)  Annually, the Controller shall post on the Controller’s Internet Website the amount each county received pursuant to paragraph (1) of subdivision(a), paragraph (2) of subdivision (b), and paragraph (2) of subdivision (c)of Section 30027.9 for each of the county’s or city and county’s subaccounts.

(j)  The enactment of the 2011 Realignment Legislation is not intendedto, nor does it in any way, affect rights provided by federal entitlementprograms. Nothing in the 2011 Realignment Legislation places any additionalrestrictions on eligibility, coverage, or access to services and care for anyfederal or state entitlement program.

(k)  Counties, cities, and city and counties shall fund Medi-Cal SpecialtyMental Health Services, including Early and Periodic Screening, Diagnosisand Treatment (EPSDT), from moneys received from the Behavioral HealthSubaccount and the Behavioral Health Growth Special Account, both createdpursuant to Section 30025, the Mental Health Subaccount created pursuantto Section 17600 of the Welfare and Institutions Code, the Mental HealthAccount created pursuant to Section 17600.10 of the Welfare and InstitutionsCode, and to the extent permissible under the Mental Health Services Act,the Mental Health Services Fund created pursuant to Section 19602.5 of

96

Ch. 40— 19 —

the Revenue and Taxation Code. Because this is a federal entitlementprogram, the provision of services shall be based on statute, regulation, themanaged care waiver provisions of Title XIX of the federal Social SecurityAct (42 U.S.C. Sec. 1396n), or the State Plan or its amendment oramendments.

(l)  Subdivisions (a), (b), and (g) shall become inoperative on November7, 2012, if a constitutional amendment adding Section 36 to Article XIII ofthe California Constitution is approved by the voters at the November 6,2012, statewide general election.

SEC. 5. Section 30027 of the Government Code is amended to read:30027. (a)  For the 2011–12 fiscal year, including cash received in July

and up to August 15, 2012, on the 15th of every month, the Controller shallallocate to the Mental Health Account of the Local Revenue Fund 2011,ninety million three hundred thousand dollars ($90,300,000) of the revenuereceived into Local Revenue Fund 2011, pursuant to Sections 6051.15 and6201.15 of the Revenue and Taxation Code.

(b)  (1)  For the 2011–12 fiscal year, all funds obtained pursuant toSections 11001.5 and 11005 of the Revenue and Taxation Code, includingcash received in July and up to August 15, 2012, shall be deposited in theLocal Law Enforcement Services Account. However, no more than fourhundred and eighty-nine million nine hundred thousand dollars($489,900,000) in total shall be allocated out of the Local Law EnforcementServices Account.

(2)  For the 2011–12 fiscal year, including cash received in July and upto August 15, 2012, every month the Controller shall allocate to the LocalLaw Enforcement Services Account three million forty-one thousand sixhundred sixty-seven dollars ($3,041,667) of the amounts received duringany month into the Local Revenue Fund 2011 pursuant to Sections 6051.15and 6201.15 of the Revenue and Taxation Code. However, these depositsshall cease once the Local Law Enforcement Services Account has beenallocated four hundred eighty-nine million nine hundred thousand dollars($489,900,000).

(3)  If on August 27, 2012, there have been insufficient funds providedto the Local Law Enforcement Services Account to permit the full allocationas described in subdivision (e) of Section 30029, the Director of Financeshall allocate sufficient funds from the Undistributed Account to providethat full allocation.

(c)  For the 2011–12 fiscal year, including cash received in July and upto August 15, 2012, of the amounts received during any month into theLocal Revenue Fund 2011 pursuant to Sections 6051.15 and 6201.15 of theRevenue and Taxation Code, after having first deducted the amount describedin subdivisions (a) and (b), or any other revenue except amounts receivedpursuant to Section 11005 of the Revenue and Taxation Code, shall beallocated by the Controller on the 15th of every month as follows:

(1)  Twelve and forty-five hundredths of 1 percent shall be allocated tothe Trial Court Security Account. However, no more than four hundredninety-six million four hundred twenty-nine thousand dollars ($496,429,000)

96

— 20 —Ch. 40

in total shall be allocated to the Trial Court Security Account, and the totalallocation to the account shall be reduced by the Director of Finance, asappropriate, to reflect any reduction in trial court security costs.

(2)  Eight and eighty-nine hundredths of 1 percent shall be allocated tothe Local Community Corrections Account.

(3)  Thirty-two hundredths of 1 percent shall be allocated to the DistrictAttorney and Public Defender Account. However, no more than twelvemillion seven hundred thousand dollars ($12,700,000) in total shall beallocated to the District Attorney and Public Defender Account.

(4)  Two and forty-four hundredths of 1 percent shall be allocated to theJuvenile Justice Account. However, no more than ninety-seven million onehundred ninety thousand dollars ($97,190,000) shall be allocated to theJuvenile Justice Account.

(5)  Forty-five and thirty-one hundredths of 1 percent shall be allocatedto the Health and Human Services Account.

(6)  If revenue received into the Local Revenue Fund 2011, pursuant toSections 6051.15 and 6201.15 of the Revenue and Taxation Code, cannotbe allocated to a particular account described in paragraphs (1) to (5),inclusive, due to the cap for that account having been reached, then thosefunds shall be placed into the Reserve Account. The Director of Financemay allocate the funds in the Reserve Account to reimburse a county or cityand county for services funded by the Adoption Assistance ProgramSubaccount, the Foster Care Assistance Subaccount, or the Drug Medi-CalSubaccount of the Health and Human Services Account. The Controllershall allocate those funds based on a schedule provided by the Director ofFinance, as submitted from time to time at the discretion of the Director ofFinance.

(7)  After the allocations are made pursuant to paragraphs (1) to (6),inclusive, the remainder of any revenue received into the Local RevenueFund 2011 shall be deposited in the Undistributed Account.

(d)  This section shall remain in effect only until January 1, 2013, and asof that date is repealed, unless a later enacted statute, that is enacted beforeJanuary 1, 2013, deletes or extends that date.

SEC. 6. Section 30027.5 is added to the Government Code, to read:30027.5. This section shall apply to the allocations made from the Local

Revenue Fund 2011 for the 2012–13 fiscal year, which shall include cashreceived beginning on August 16, 2012.

(a)  On or before the 18th of each month, the Controller shall allocate tothe Mental Health Account of the Local Revenue Fund 2011, ninety-threemillion three hundred seventy-nine thousand two hundred fifty-two dollars($93,379,252) of the revenue received into the Local Revenue Fund 2011,pursuant to Sections 6051.15 and 6201.15 of the Revenue and TaxationCode.

(b)  All funds obtained pursuant to Sections 11001.5 and 11005 of theRevenue and Taxation Code shall be deposited in the Enhancing LawEnforcement Activities Subaccount in the Law Enforcement ServicesAccount. However, once these deposits total four hundred eighty-nine

96

Ch. 40— 21 —

million nine hundred thousand dollars ($489,900,000) for the fiscal year,any additional funds obtained pursuant to those sections shall be depositedin the Enhancing Law Enforcement Activities Growth Special Account inthe Enhancing Law Enforcement Activities Subaccount.

(c)  The amounts received during any month into the Local Revenue Fund2011 pursuant to Sections 6051.15 and 6201.15 of the Revenue and TaxationCode, after the allocation described in subdivision (a), shall be allocated bythe Controller no later than the 20th of every month as follows:

(1)  To the Support Services Account: 64.1975 percent, up to a totalamount of two billion six hundred four million nine hundred thousand dollars($2,604,900,000) for the fiscal year.

(2)  To the Law Enforcement Services Account: 35.8025 percent, up toa total amount of one billion four hundred fifty-two million seven hundredthirty-three thousand dollars ($1,452,733,000) for the fiscal year.

(3)  If there are insufficient moneys in the Local Revenue Fund 2011 toprovide the maximum funding described in paragraphs (1) and (2), theController shall allocate the available moneys based on the proportionalshares that the accounts receive in the 2012–13 fiscal year, as provided inparagraphs (1) and (2).

(4)  After the allocations are made pursuant to subdivision (a) andparagraphs (1) and (2), any remaining funds shall be allocated to the Salesand Use Tax Growth Account.

(d)  Notwithstanding subdivision (c), if the Department of Financeestimates that the Enhancing Law Enforcement Activities Subaccount willnot receive four hundred eighty-nine million nine hundred thousand dollars($489,900,000) pursuant to subdivision (b) within the fiscal year, thedepartment shall notify the Controller who shall, after the allocation is madepursuant to subdivision (a), allocate the remaining funds in the LocalRevenue Fund 2011 as follows:

(1)  The amount necessary to provide four hundred eighty-nine millionnine hundred thousand dollars ($489,900,000) to the Enhancing LawEnforcement Activities Subaccount for the fiscal year, based on the estimateprovided by the Department of Finance, shall be allocated to the subaccount.If it is subsequently determined that the actual funds received in thesubaccount exceed that amount for the fiscal year, the Controller shall refundthe excess sales tax amount to the Local Revenue Fund 2011.

(2)  The remaining funds shall be allocated as provided in subdivision(c).

(e)  Funds allocated to the Law Enforcement Services Account from theLocal Revenue Fund 2011 shall be allocated by the Controller on a monthlybasis as follows:

(1)  To the Trial Court Security Subaccount: 34.1721 percent, up to atotal amount of four hundred ninety-six million four hundred twenty-ninethousand dollars ($496,429,000) for the fiscal year.

(2)  To the Community Corrections Subaccount: 58.0217 percent, up toa total amount of eight hundred forty-two million nine hundred thousanddollars ($842,900,000) for the fiscal year.

96

— 22 —Ch. 40

(3)  To the District Attorney and Public Defender Subaccount: 1.0050percent, up to a total amount of fourteen million six hundred thousand dollars($14,600,000) for the fiscal year.

(4)  To the Juvenile Justice Subaccount: 6.8012 percent, up to a totalamount of ninety-eight million eight hundred four thousand dollars($98,804,000) for the fiscal year.

(f)  Funds allocated to the Support Services Account from the LocalRevenue Fund 2011 shall be allocated by the Controller on a monthly basisas follows:

(1)  (A)  To the Behavioral Health Subaccount: 37.0264 percent, up to atotal amount of nine hundred sixty-four million five hundred thousanddollars ($964,500,000) for the fiscal year, for the provision of specialtymental health services, including Early and Periodic Screening, Diagnosis,and Treatment (EPSDT) services and mental health managed care, as wellas the services that were funded in the 2011–12 fiscal year by the Womenand Children’s Residential Treatment Services Subaccount, Drug CourtSubaccount, Non-drug Medi-Cal Substance Abuse Treatment ServicesSubaccount, and the Drug Medi-Cal Subaccount in the Health and HumanServices Account, pursuant to Section 30029.2.

(B)  From the amount described in subparagraph (A), the sum of fivemillion one hundred four thousand dollars ($5,104,000) for the fiscal year,divided into 12 monthly allocations, shall be allocated to the Women andChildren’s Residential Treatment Services Special Account.

(2)  To the Protective Services Subaccount: 62.9736 percent, up to a totalamount of one billion six hundred forty million four hundred thousanddollars ($1,640,400,000) for the fiscal year, to provide the services that werefunded in the 2011–12 fiscal year by the Adult Protective ServicesSubaccount, Foster Care Assistance Subaccount, Foster Care AdministrationSubaccount, Child Welfare Services Subaccount, Adoptions Subaccount,Adoption Assistance Program Subaccount, and Child Abuse PreventionSubaccount in the Health and Human Services Account.

SEC. 7. Section 30027.6 is added to the Government Code, to read:30027.6. This section shall apply to allocations made from the Local

Revenue Fund 2011 for the 2013–14 fiscal year, which shall include cashreceived beginning on August 16, 2013. Until the Department of Financehas prepared a schedule pursuant to subdivision (g), the Controller shallallocate funding as provided in subdivisions (a) to (f), inclusive.

(a)  On or before the 18th of every month, the Controller shall allocateto the Mental Health Account of the Local Revenue Fund 2011, ninety-threemillion three hundred seventy-nine thousand two hundred fifty-two dollars($93,379,252) of the revenue received into Local Revenue Fund 2011pursuant to Sections 6051.15 and 6201.15 of the Revenue and TaxationCode.

(b)  All funds obtained pursuant to Sections 11001.5 and 11005 of theRevenue and Taxation Code shall be deposited in the Enhancing LawEnforcement Activities Subaccount located in the Law Enforcement ServicesAccount. Once these deposits total four hundred eighty-nine million nine

96

Ch. 40— 23 —

hundred thousand dollars ($489,900,000) for the fiscal year, any additionalfunds obtained pursuant to those sections shall be deposited in the EnhancingLaw Enforcement Activities Growth Special Account of the Enhancing LawEnforcement Activities Subaccount.

(c)  The amounts received during any month into the Local Revenue Fund2011 pursuant to Sections 6051.15 and 6201.15 of the Revenue and TaxationCode, after the allocation provided in subdivision (a), shall be allocated bythe Controller no later than the 20th of every month as follows:

(1)  To the Support Services Account, up to an amount equal to the amountthat was allocated to this account in the 2012–13 fiscal year, plus twentymillion three hundred sixty-eight thousand dollars ($20,368,000), plus thetotal amounts deposited in the Protective Services Growth Special Accountand the Behavioral Health Services Growth Special Account of the SupportServices Growth Subaccount in the 2012–13 fiscal year.

(2)  To the Law Enforcement Services Account, up to an amount equalto the amount that was allocated to this account in the 2012–13 fiscal year,plus one hundred fifty-eight million five hundred thousand dollars($158,500,000), plus the total amounts deposited in the Trial Court SecurityGrowth Special Account and the Juvenile Justice Growth Special Accountof the Law Enforcement Services Growth Subaccount in the 2012–13 fiscalyear.

(3)  If there are insufficient funds in the Local Revenue Fund 2011 tofund paragraphs (1) and (2) at the maximum level described in thoseparagraphs, the Controller shall allocate the available funding based on aproportional share that the accounts received in the 2013–14 fiscal year, asprovided in paragraphs (1) and (2).

(4)  After the allocations are made pursuant to subdivision (a) andparagraphs (1) and (2), any remaining funds shall be allocated to the Salesand Use Tax Growth Account.

(d)  Notwithstanding subdivision (c), if the Department of Financeestimates that the Enhancing Law Enforcement Activities Subaccount willnot receive four hundred eighty-nine million nine hundred thousand dollars($489,900,000) of funds attributable to Sections 11001.5 and 11005 of theRevenue and Taxation Code within the fiscal year, the department shallnotify the Controller who shall, after the allocation is made pursuant tosubdivision (a), allocate funds from amounts remaining in the Local RevenueFund 2011 as follows:

(1)  The amount necessary to provide four hundred eighty-nine millionnine hundred thousand dollars ($489,900,000) to the Enhancing LawEnforcement Activities Subaccount for the fiscal year, based on the estimateprovided by the Department of Finance, shall be allocated to that subaccount.If it is subsequently determined that the actual funds received in thesubaccount exceed that amount, the Controller shall refund the excess salestax amount to the Local Revenue Fund 2011.

(2)  The remaining funds shall be allocated pursuant to subdivision (c).

96

— 24 —Ch. 40

(e)  Funds allocated to the Law Enforcement Services Account from theLocal Revenue Fund 2011 shall be allocated by the Controller on a monthlybasis as follows:

(1)  To the Trial Court Security Subaccount: 30.8105 percent, up to thetotal amount the Trial Court Security Subaccount and Trial Court SecurityGrowth Special Account received in the 2012–13 fiscal year.

(2)  To the Community Corrections Subaccount: 61.9960 percent, up toa total amount of nine hundred ninety-eight million nine hundred thousanddollars ($998,900,000) for the fiscal year.

(3)  To the District Attorney and Public Defender Subaccount: 1.0613percent, up to a total amount of seventeen million one hundred thousanddollars ($17,100,000) for the fiscal year.

(4)  To the Juvenile Justice Subaccount: 6.1322 percent, up to the totalamount the Juvenile Justice Subaccount and the Juvenile Justice GrowthSpecial Account received in the 2012–13 fiscal year.

(f)  Funds allocated to the Support Services Account from the LocalRevenue Fund 2011 shall be allocated by the Controller on a monthly basisas follows:

(1)  (A)  To the Behavioral Health Subaccount: 36.7391 percent, up tothe total amount the Behavioral Health Subaccount and the BehavioralHealth Services Growth Special Account received in the 2012–13 fiscalyear.

(B)  From the amount described in subparagraph (A), the sum of fivemillion one hundred four thousand dollars ($5,104,000) for the fiscal year,divided into 12 monthly allocations, shall be allocated to the Women andChildren’s Residential Treatment Services Special Account.

(2)  To the Protective Services Subaccount: 63.2609 percent, up to thetotal amount the Protective Services Subaccount and the Protective ServicesGrowth Special Account received in the 2012–13 fiscal year, plus twentymillion three hundred sixty-eight thousand dollars ($20,368,000).

(g)  The Director of Finance shall prepare a schedule that includes thegrowth provided to the subaccounts pursuant to Section 30027.9 in the2012–13 fiscal year and revise the allocations described in this sectionaccordingly. Once prepared, the department shall provide the Controllerwith this updated schedule, and the Controller shall substitute that schedulefor the allocations provided in subdivisions (d), (e), and (f). The Controllershall continue to provide the allocations pursuant to subdivisions (a), (b),and (c).

SEC. 8. Section 30027.7 is added to the Government Code, to read:30027.7. This section shall apply to the allocations made from the Local

Revenue Fund 2011 for the 2014–15 fiscal year, which shall include cashreceived beginning on August 16, 2014. Until the Department of Financehas prepared a schedule pursuant to subdivision (g), the Controller shallallocate funding as provided in subdivisions (a) to (f), inclusive.

(a)  On or before the 18th of every month, the Controller shall allocateto the Mental Health Account of the Local Revenue Fund 2011 ninety-threemillion three hundred seventy-nine thousand two hundred fifty-two dollars

96

Ch. 40— 25 —

($93,379,252) of the revenue received into Local Revenue Fund 2011pursuant to Sections 6051.15 and 6201.15 of the Revenue and TaxationCode.

(b)  All funds obtained pursuant to Sections 11001.5 and 11005 of theRevenue and Taxation Code shall be deposited in the Enhancing LawEnforcement Activities Subaccount of the Law Enforcement ServicesAccount. Once these deposits total four hundred eighty-nine million ninehundred thousand dollars ($489,900,000) for the fiscal year, any additionalfunds obtained pursuant to those sections shall be deposited in the EnhancingLaw Enforcement Activities Growth Special Account of the Enhancing LawEnforcement Activities Subaccount.

(c)  The amounts received during any month into the Local Revenue Fund2011 pursuant to Sections 6051.15 and 6201.15 of the Revenue and TaxationCode, after the allocation provided in subdivision (a), shall be allocated bythe Controller no later than the 20th of every month as follows:

(1)  To the Support Services Account, up to an amount equal to the amountthat was allocated to this account in the 2013–14 fiscal year, plus fifteenmillion three hundred thirty-three thousand dollars ($15,333,000), plus thetotal amounts deposited in the Protective Services Growth Special Accountand the Behavioral Health Services Growth Special Account of the SupportServices Growth Subaccount in the 2013–14 fiscal year.

(2)  To the Law Enforcement Services Account, up to an amount equalto the amount that was allocated to this account in the 2013–14 fiscal year,minus sixty-six million one hundred thousand dollars ($66,100,000), plusthe total amounts deposited in the Trial Court Security Growth SpecialAccount and the Juvenile Justice Growth Special Account of the LawEnforcement Services Growth Subaccount in the 2013–14 fiscal year.

(3)  If there are insufficient funds in the Local Revenue Fund 2011 tofund paragraphs (1) and (2) at the maximum level described in thoseparagraphs, the Controller shall allocate the available funding based on aproportional share that the accounts received in the 2014–15 fiscal year, asprovided in paragraphs (1) and (2).

(4)  After the allocations are made pursuant to subdivision (a) andparagraphs (1) and (2), any remaining funds shall be allocated to the Salesand Use Tax Growth Account.

(d)  Notwithstanding subdivision (c), if the Department of Financeestimates that the Enhancing Law Enforcement Activities Subaccount willnot receive four hundred eighty-nine million nine hundred thousand dollars($489,900,000) of funds attributable to Sections 11001.5 and 11005 of theRevenue and Taxation Code within the fiscal year, the department shallnotify the Controller who shall, after the allocation is made pursuant tosubdivision (a), allocate funds from amounts remaining in the Local RevenueFund 2011 as follows:

(1)  The amount necessary to provide four hundred eighty-nine millionnine hundred thousand dollars ($489,900,000) to the Enhancing LawEnforcement Activities Subaccount for the fiscal year, based on the estimateprovided by the Department of Finance, shall be allocated to that subaccount.

96

— 26 —Ch. 40

If it is subsequently determined that the actual funds received in thesubaccount exceed that amount, the Controller shall refund the excess salestax amount to the Local Revenue Fund 2011.

(2)  The remaining funds shall be allocated pursuant to subdivision (c).(e)  Funds allocated to the Law Enforcement Services Account from the

Local Revenue Fund 2011 shall be allocated by the Controller on a monthlybasis as follows:

(1)  To the Trial Court Security Subaccount: 32.1286 percent, up to thetotal amount the Trial Court Security Subaccount and the Trial Court SecurityGrowth Special Account received in the 2013–14 fiscal year.

(2)  To the Community Corrections Subaccount: 60.4543 percent, up toa total amount of nine hundred thirty-four million one hundred thousanddollars ($934,100,000) for the fiscal year.

(3)  To the District Attorney and Public Defender Subaccount: 1.0226percent, up to a total amount of fifteen million eight hundred thousanddollars ($15,800,000) for the fiscal year.

(4)  To the Juvenile Justice Subaccount: 6.3945 percent, up to the totalamount the Juvenile Justice Subaccount and the Juvenile Justice GrowthSpecial Account received in the 2013–14 fiscal year.

(f)  Funds allocated to the Support Services Account from the LocalRevenue Fund 2011 shall be allocated by the Controller on a monthly basisas follows:

(1)  (A)  To the Behavioral Health Subaccount: 36.5258 percent, up tothe total amount the Behavioral Health Subaccount and the BehavioralHealth Services Growth Special Account received in 2013–14 fiscal year.

(B)  From the amount described in subparagraph (A), the sum of fivemillion one hundred four thousand dollars ($5,104,000) for the fiscal year,divided into 12 monthly allocations, shall be allocated to the Women andChildren’s Residential Treatment Services Special Account.

(2)  To the Protective Services Subaccount: 63.4742 percent, up to thetotal amount the Protective Services Subaccount and the Protective ServicesGrowth Special Account received in the 2013–14 fiscal year, plus fifteenmillion three hundred thirty-three thousand dollars ($15,333,000).

(g)  The Director of Finance shall prepare a schedule that includes thefunding provided to the subaccounts pursuant to Section 30027.9 in the2012–13 and 2013–14 fiscal years and revise the allocations described inthis section accordingly. Once prepared, the department shall provide theController with this updated schedule, and the Controller shall substitutethat schedule for the allocations provided in subdivisions (d), (e), and (f).The Controller shall continue to provide the allocations pursuant tosubdivisions (a), (b), and (c).

SEC. 9. Section 30027.8 is added to the Government Code, to read:30027.8. This section shall apply to the allocations made from the Local

Revenue Fund 2011 for the 2015–16 fiscal year, and each fiscal yearthereafter, which shall include cash received beginning on August 16 ofeach fiscal year. Until the Department of Finance has prepared a schedule

96

Ch. 40— 27 —

pursuant to subdivision (g), the Controller shall allocate funding as providedin subdivisions (a) to (f), inclusive.

(a)  On or before the 18th of every month, the Controller shall allocateto the Mental Health Account of the Local Revenue Fund 2011 ninety-threemillion three hundred seventy-nine thousand two hundred fifty-two dollars($93,379,252) of the revenue received into the Local Revenue Fund 2011,pursuant to Sections 6051.15 and 6201.15 of the Revenue and TaxationCode.

(b)  All funds obtained pursuant to Sections 11001.5 and 11005 of theRevenue and Taxation Code shall be deposited in the Enhancing LawEnforcement Activities Subaccount of the Law Enforcement ServicesAccount. Once these deposits total four hundred eighty-nine million ninehundred thousand dollars ($489,900,000) for the fiscal year, any additionalfunds obtained pursuant to those sections shall be deposited in the EnhancingLaw Enforcement Activities Growth Special Account.

(c)  The amounts received during any month into the Local Revenue Fund2011 pursuant to Sections 6051.15 and 6201.15 of the Revenue and TaxationCode, after the allocation provided in subdivision (a), shall be allocated bythe Controller no later than the 20th of every month as follows:

(1)  To the Support Services Account, up to an amount equal to the amountthat was allocated to this account in the immediately preceding fiscal year,plus the total amounts deposited in the Protective Services Growth SpecialAccount and the Behavioral Health Services Growth Special Account ofthe Support Services Growth Subaccount in the immediately precedingfiscal year.

(2)  To the Law Enforcement Services Account, up to an amount equalto the amount that was allocated to this account in the immediately precedingfiscal year, plus the total amounts that were deposited in all the specialaccounts of the Law Enforcement Services Growth Subaccount in theimmediately preceding fiscal year.

(3)  If there are insufficient funds in the Local Revenue Fund 2011 tofund paragraphs (1) and (2) at the maximum level described in thoseparagraphs, the Controller shall allocate the available funding based on aproportional share that the accounts received in the immediately precedingfiscal year.

(4)  After the allocations are made pursuant to subdivision (a) andparagraphs (1) and (2), any remaining funds shall be allocated to the Salesand Use Tax Growth Account.

(d)  Notwithstanding subdivision (c), if the Department of Financeestimates that the Enhancing Law Enforcement Activities Subaccount willnot receive four hundred eighty-nine million nine hundred thousand dollars($489,900,000) pursuant to subdivision (b) within the current fiscal year,the department shall notify the Controller who shall, after the allocation ismade pursuant to subdivision (a), allocate the remaining funds in the LocalRevenue Fund 2011 as follows:

(1)  The amount necessary to provide four hundred eighty-nine millionnine hundred thousand dollars ($489,900,000) to the Enhancing Law

96

— 28 —Ch. 40

Enforcement Activities Subaccount for the fiscal year, based on the estimateprovided by the Department of Finance, shall be allocated to the subaccount.If it is subsequently determined that the actual funds received in thesubaccount exceed that amount, the Controller shall refund the excess salestax amount to the Local Revenue Fund 2011.

(2)  The remaining funds shall be allocated in accordance with subdivision(c).

(e)  Funds allocated to the Law Enforcement Services Account from theLocal Revenue Fund 2011 shall be allocated by the Controller on a monthlybasis as follows:

(1)  To the Trial Court Security Subaccount in an amount up to the totalfunding provided to the Trial Court Security Subaccount and the Trial CourtSecurity Growth Special Account in the immediately preceding fiscal year.

(2)  To the Community Corrections Subaccount in an amount up to thetotal funding provided to the Community Corrections Subaccount and theCommunity Corrections Growth Special Account in the immediatelypreceding fiscal year.

(3)  To the District Attorney and Public Defender Subaccount in an amountup to the total funding provided to the District Attorney and Public DefenderSubaccount and the District Attorney and Public Defender Growth SpecialAccount in the immediately preceding fiscal year.

(4)  To the Juvenile Justice Subaccount in an amount up to the totalfunding provided to the Juvenile Justice Subaccount and the Juvenile JusticeGrowth Special Account in the immediately preceding fiscal year.

(5)  If there are insufficient funds in the Law Enforcement ServicesAccount to make the allocations described in paragraphs (1) to (4), inclusive,at the immediately preceding fiscal year’s funding level, the Controller shallallocate the funding based on a proportional share that the subaccountsreceived in the immediately preceding fiscal year.

(f)  Funds allocated to the Support Services Account from the LocalRevenue Fund 2011 shall be allocated on a monthly basis as follows:

(1)  To the Behavioral Health Subaccount in an amount up to the totalfunding provided to the Behavioral Health Subaccount and the BehavioralHealth Services Growth Special Account in the immediately precedingfiscal year.

(2)  To the Protective Services Subaccount in an amount up to the totalfunding provided to the Protective Services Subaccount and the ProtectiveServices Growth Special Account in the immediately preceding fiscal year.

(3)  Notwithstanding subdivision (g), to the Women and Children’sResidential Treatment Services Special Account within the BehavioralHealth Subaccount, five million one hundred four thousand dollars($5,104,000) for the fiscal year, divided into 12 monthly allocations.

(4)  If there are insufficient funds in the Support Services Account tomake the allocations described in paragraphs (1) and (2) at the immediatelypreceding fiscal year’s funding level, the Controller shall allocate the fundingbased on a proportional share that the subaccounts received in theimmediately preceding fiscal year.

96

Ch. 40— 29 —

(g)  The Department of Finance shall annually prepare a schedule thatincludes the funding provided to the subaccounts pursuant to Section 30027.9and provide the appropriate and proportional allocations in accordance withthis section. Once prepared, the department shall provide the Controllerwith this updated schedule and the Controller shall substitute that schedulefor the allocations provided in subdivisions (d) and (e) and paragraphs (1)and (2) of subdivision (f). The Controller shall continue to provide theallocations pursuant to subdivisions (a), (b), and (c) and paragraph (3) ofsubdivision (f).

SEC. 10. Section 30027.9 is added to the Government Code, to read:30027.9. (a)  (1)  For the 2012–13 fiscal year, from the Sales and Use

Tax Growth Account, the Controller shall allocate 65 percent to the SupportServices Growth Subaccount and 35 percent to the Law EnforcementServices Growth Subaccount.

(2)  For the 2013–14 fiscal year, from the Sales and Use Tax GrowthAccount, the Controller shall first allocate to the Support Services Accountand the Law Enforcement Services Account the amounts necessary toprovide full base funding or the appropriate level of funding as describedin this section. If there are insufficient moneys to fully fund the accounts,the available funds shall be distributed in the same proportions as the twoaccounts received from the Local Revenue Fund 2011 in the 2013–14 fiscalyear. If there are funds remaining after base funding has been restored, theController shall allocate 65 percent of those remaining funds to the SupportServices Growth Subaccount and 35 percent to the Law EnforcementServices Growth Subaccount.

(A)  The amount necessary to provide the appropriate level of fundingfor the Law Enforcement Services Account shall be the sum of the following:

(i)  The greater of the amounts that either the predecessor of the TrialCourt Security Subaccount received in the 2011–12 fiscal year, or the totalamount the Trial Court Security Subaccount and the Trial Court SecurityGrowth Special Account received in the 2012–13 fiscal year.

(ii)  The greater of the amounts that either the predecessor of the JuvenileJustice Subaccount received in the 2011–12 fiscal year, or the total amountthe Juvenile Justice Subaccount and the Juvenile Justice Growth SpecialAccount received in the 2012–13 fiscal year.

(iii)  The maximum amount authorized to be allocated pursuant toparagraph (2) of subdivision (e) of Section 30027.5 to the CommunityCorrections Subaccount.

(iv)  The maximum amount authorized to be allocated pursuant toparagraph (3) of subdivision (e) of Section 30027.5 to the District Attorneyand Public Defender Subaccount.

(B)  The amount necessary to provide full base funding for the SupportServices Account shall be the sum of the following:

(i)  The maximum amount authorized to be allocated pursuant to paragraph(1) of subdivision (f) of Section 30027.5 to the Behavioral HealthSubaccount.

96

— 30 —Ch. 40

(ii)  The maximum amount authorized to be allocated pursuant toparagraph (2) of subdivision (f) of Section 30027.5 to the Protective ServicesSubaccount.

(3)  For the 2014–15 fiscal year, from the Sales and Use Tax GrowthAccount, the Controller shall first allocate to the Support Services Accountand the Law Enforcement Services Account the amounts necessary toprovide full base funding or the appropriate level of funding as describedin this section. If there are insufficient moneys to fully fund the accounts,the available funds shall be distributed in the same proportions as the twoaccounts received from the Local Revenue Fund 2011 in the 2014–15 fiscalyear. If there are funds remaining after base funding has been restored, theController shall allocate 65 percent of the remaining funds to the SupportServices Growth Subaccount and 35 percent to the Law EnforcementServices Growth Subaccount.

(A)  The amount necessary to provide the appropriate level of fundingfor the Law Enforcement Services Account shall be the sum of the following:

(i)  The greater of either the total amount received by the Trial CourtSecurity Subaccount and the Trial Court Security Growth Special Accountin a single fiscal year beginning with the 2012–13 fiscal year or the amountthe applicable predecessor account received in the 2011–12 fiscal year.

(ii)  The greater of either the total amount received by the Juvenile JusticeSubaccount and the Juvenile Justice Growth Special Account in a singlefiscal year beginning with the 2012–13 fiscal year or the amount theapplicable predecessor account received in the 2011–12 fiscal year.

(iii)  The greatest amount received by the Community CorrectionsSubaccount in a single year beginning with the 2012–13 fiscal year.

(iv)  The greatest amount received by the District Attorney and PublicDefender Subaccount in a single year beginning with the 2012–13 fiscalyear.

(B)  The amount necessary to provide full funding for the Support ServicesAccount shall be the sum of the following:

(i)  The greater of either the maximum amount that could be allocatedpursuant to paragraph (1) of subdivision (f) of Section 30027.5 or the largestcombined total amounts actually received by the Behavioral HealthSubaccount and the Behavioral Health Services Growth Special Accountin any single year beginning with the 2012–13 fiscal year.

(ii)  The greater of either the maximum amount that was allocated pursuantto paragraph (2) of subdivision (f) of Section 30027.5, or the amount thatwas allocated pursuant to paragraph (2) of subdivision (f) of Section 30027.6,to the Protective Services Subaccount.

(4)  For the 2015–16 fiscal year, and for each subsequent fiscal year, fromthe Sales and Use Tax Growth Account, the Controller shall first allocateto the Support Services Account and the Law Enforcement Services Accountthe amounts necessary to provide full base funding as described in thissection. If there are insufficient moneys to fully fund the accounts, theavailable funds shall be distributed in the same proportions as the twoaccounts received funding from the Local Revenue Fund 2011 in that fiscal

96

Ch. 40— 31 —

year. If there are funds remaining after base funding has been restored, theController shall allocate 65 percent of the remaining funds to the SupportServices Growth Subaccount and 35 percent to the Law EnforcementServices Growth Subaccount.

(A)  The amount necessary to provide full base funding for the LawEnforcement Services Account shall be the sum of the following:

(i)  The greater of either the total combined amount received by the TrialCourt Security Subaccount and the Trial Court Security Growth SpecialAccount in any single fiscal year beginning with the 2012–13 fiscal year orthe amount the applicable predecessor account received in 2011–12.

(ii)  The greater of either the total combined amount received by theJuvenile Justice Subaccount and the Juvenile Justice Growth Special Accountin any single fiscal year beginning with the 2012–13 fiscal year or the amountthe applicable predecessor account received in 2011–12.

(iii)  The greater of either the total combined amount received by theCommunity Corrections Subaccount and the Community Corrections GrowthSpecial Account in any single fiscal year beginning with the 2014–15 fiscalyear, or the highest amount the Community Corrections Subaccount or itspredecessor was authorized to receive in any single fiscal year beginningwith the 2012–13 fiscal year.

(iv)  The greater of either the total combined amount received by theDistrict Attorney and Public Defender Subaccount and the District Attorneyand Public Defender Growth Special Account in any single fiscal yearbeginning with the 2014–15 fiscal year, or the highest amount the DistrictAttorney and Public Defender Subaccount or its predecessor was authorizedto receive in any single fiscal year beginning with the 2012–13 fiscal year.

(B)  The amount necessary to provide full base funding for the SupportServices Account shall be the sum of the following:

(i)  The greater of either the maximum amount that was allocated pursuantto paragraph (1) of subdivision (f) of Section 30027.5, or the highestcombined total amounts received by the Behavioral Health Subaccount andthe Behavioral Health Services Growth Special Account, in any single fiscalyear beginning with the 2012–13 fiscal year.

(ii)  The greatest of the following: the maximum amount that was allocatedpursuant to paragraph (2) of subdivision (f) of Section 30027.5; the amountthat was allocated pursuant to paragraph (2) of subdivision (f) of Section30027.6 for the Protective Services Subaccount; or the highest combinedtotal amount received by the Protective Services Subaccount and theProtective Services Growth Special Account in any single fiscal yearbeginning with the 2012–13 fiscal year.

(b)  (1)  In the 2012–13 fiscal year, the Controller shall allocate fundsfrom the Law Enforcement Services Growth Subaccount as follows:

(A)  Ten percent to the Trial Court Security Growth Special Account.(B)  Five percent to the District Attorney and Public Defender Growth

Special Account.(C)  Ten percent to the Juvenile Justice Growth Special Account.

96

— 32 —Ch. 40

(D)  Seventy-five percent to the Community Corrections Growth SpecialAccount.

(2)  The total allocations to the Trial Court Security Growth SpecialAccount and the Juvenile Justice Growth Special Account shall be includedin the year to which the growth is attributable when determining the basefunding level for the Trial Court Security Subaccount and the JuvenileJustice Subaccount respectively, beginning in the 2013–14 fiscal year. Thetotal allocations to the District Attorney and Public Defender Growth SpecialAccount and the Community Corrections Growth Special Account shall beincluded in the year to which the growth is attributable when determiningthe base allocation for the respective subaccounts of those accountsbeginning in the 2015–16 fiscal year.

(c)  In the 2012–13 fiscal year, the Controller shall allocate funds fromthe Support Services Growth Subaccount as follows:

(1)  Five percent to the Mental Health Subaccount of the Sales TaxAccount in the Local Revenue Fund as established by paragraph (1) ofsubdivision (b) of Section 17600 of the Welfare and Institutions Code.

(2)  Forty percent to the Protective Services Growth Special Account forthe provision of child welfare services.

(3)  To the Protective Services Growth Special Account: 42.03 percent.(4)  To the Behavioral Health Services Growth Special Account: 12.97

percent.(d)  (1)  Beginning in the 2013–14 fiscal year, and until the Director of

Finance provides to the Controller the certification described in paragraph(3), the Controller shall allocate funds from the Support Services GrowthSubaccount as follows:

(A)  Five percent to the Mental Health Subaccount of the Sales TaxAccount in the Local Revenue Fund as established by paragraph (1) ofsubdivision (b) of Section 17600 of the Welfare and Institutions Code.

(B)  Forty percent to the Protective Services Growth Special Account forthe provision of child welfare services.

(C)  To the Protective Services Growth Special Account: 21.81 percent.(D)  To the Behavioral Health Services Growth Special Account: 33.19

percent.(2)  The total allocations to the Protective Services Growth Special

Account and the Behavioral Health Services Growth Special Accountprovided by this subdivision shall be included as funding in the year inwhich the allocation is made for determining the base funding level for thefollowing fiscal year.

(3)  Once a total of two hundred million dollars ($200,000,000) has beenallocated to the Protective Services Growth Special Account pursuant toparagraph (2) of subdivision (c) and subparagraph (B) of paragraph (1), theDirector of Finance shall certify that fact to the Controller. Upon thatcertification, this subdivision shall become inoperative.

(e)  (1)  In every fiscal year, after subdivision (d) becomes inoperative,the Controller shall allocate funds from the Support Services GrowthSubaccount as follows:

96

Ch. 40— 33 —

(A)  Five percent to the Mental Health Subaccount of the Sales TaxAccount in the Local Revenue Fund as established by paragraph (1) ofsubdivision (b) of Section 17600 of the Welfare and Institutions Code.

(B)  Forty-five percent to the Protective Services Growth Special Account.(C)  Fifty percent to the Behavioral Health Services Growth Special

Account.(2)  The total allocations to the Protective Services Growth Special

Account and Behavioral Health Services Growth Special Account providedby this section shall be included as funding in the year in which the allocationis made for determining the base funding level for the following fiscal year.

SEC. 11. Section 30027.10 is added to the Government Code, to read:30027.10. (a)  Notwithstanding any other provision of this chapter, if

the State Department of Health Care Services determines that a county isfailing or is at risk of failing to perform the functions of, or to provideservices for, a program or programs funded by the Behavioral HealthSubaccount to such an extent that federal Medicaid funds are at risk, theState Department of Health Care Services shall then notify the Controller,the Department of Finance, and the county. This notification shall detail thecounty at issue, the program or programs involved, and the amounts neededfrom the subaccount to perform functions or provide services at the levelrequired to fully obtain federal funds. Immediately upon notification, theController shall deposit the portion of the county’s allocation attributableto the affected program or programs, including from the Behavioral HealthServices Growth Special Account, into the County Intervention SupportServices Subaccount in the Support Services Account of the Local RevenueFund 2011.

(b)  Deposits made to the County Intervention Support ServicesSubaccount may be accessed by the State Department of Health CareServices and shall be used for the county described in the notification andsolely for the program or programs identified in the notification.

(c)  The county’s allocation attributable to the affected program orprograms shall continue to be placed in the County Intervention SupportServices Subaccount until the State Department of Health Care Servicesnotifies the Controller that those deposits may cease.

(d)  The State Department of Health Care Services shall make an annualreport to the fiscal committees of the Legislature regarding activity relatedto the County Intervention Support Services Subaccount and shall makecopies of the documentation available to other interested parties upon request.

SEC. 12. Section 30027.11 is added to the Government Code, to read:30027.11. If the taxes described in subdivision (a) of Section 30025 are

reduced or cease to be operative, the state shall annually provide moneysto the Local Revenue Fund 2011 in an amount equal to or greater than theaggregate amount that otherwise would have been provided by the taxesdescribed in subdivision (a) of Section 30025. The Director of Finance shallestimate that amount within 30 days of the enactment of the statute orconstitutional amendment that reduces or repeals the taxes, by consultingwith the appropriate taxing entities and using the same methodologies used

96

— 34 —Ch. 40

to prepare the revenue projections for the Governor’s Budget. Based on thisestimate, the state shall be obligated to provide that amount for so long asthe local agencies are required to perform the Public Safety Services. Afteran appropriation is made pursuant to law in accordance with the estimateprepared by the Director of Finance, the Controller shall disburse theseamounts to local agencies in the manner directed by the 2011 RealignmentLegislation. If the state fails to annually appropriate that amount, theController shall transfer that amount from the General Fund in pro ratamonthly shares to the Local Revenue Fund 2011. Thereafter, the Controllershall disburse these amounts to local agencies in the manner directed by the2011 Realignment Legislation.

SEC. 13. Section 30028 of the Government Code is amended to read:30028. For fiscal year 2011–12, which includes cash received in July

and up to August 15, 2012, funds allocated to the Juvenile Justice Accountfrom the Local Revenue Fund 2011 pursuant to paragraph (4) of subdivision(c) of Section 30027 shall be allocated by the Controller as follows:

(a)  Ninety-six and fifteen hundredths of 1 percent to the YouthfulOffender Block Grant Subaccount.

(b)  Three and eighty-five hundredths of 1 percent to the Juvenile ReentryGrant Subaccount.

SEC. 14. Section 30028.1 is added to the Government Code, to read:30028.1. Commencing with the 2012–13 fiscal year, funds allocated to

the Juvenile Justice Subaccount from the Local Revenue Fund 2011 pursuantto paragraph (4) of subdivision (e) of Section 30027.5, paragraph (4) ofsubdivision (e) of Section 30027.6, paragraph (4) of subdivision (e) ofSection 30027.7, and paragraph (4) of subdivision (e) of Section 30027.8shall be allocated by the Controller as follows:

(a)  To the Youthful Offender Block Grant Special Account: 96.015percent.

(b)  To the Juvenile Reentry Grant Special Account: 3.085 percent.SEC. 15. Section 30028.5 of the Government Code is amended to read:30028.5. (a)  For the 2011–12 fiscal year, which includes cash received

in July and up to August 15, 2012, funds allocated to the Health and HumanServices Account from the Local Revenue Fund 2011 pursuant to paragraph(5) of subdivision (c) of Section 30027 shall be allocated by the Controlleras follows:

(1)  Three percent to the Adult Protective Services Subaccount.(2)  Twenty-one and seven-tenths of 1 percent to the Foster Care

Assistance Subaccount.(3)  Two and two-tenths of 1 percent to the Foster Care Administration

Subaccount.(4)  Thirty-seven and one-tenth of 1 percent to the Child Welfare Services

Subaccount.(5)  Three and nine-tenths of 1 percent to the Adoptions Subaccount.(6)  Seven-tenths of 1 percent to the Child Abuse Prevention Subaccount.(7)  Twenty-one and two-tenths of 1 percent to the Adoption Assistance

Program Subaccount.

96

Ch. 40— 35 —

(8)  Three-tenths of 1 percent to the Women and Children’s ResidentialTreatment Services Subaccount.

(9)  One and five-tenths of 1 percent to the Drug Court Subaccount.(10)  One and one-tenth of 1 percent to the Nondrug Medi-Cal Substance

Abuse Treatment Services Subaccount.(11)  Seven and three-tenths of 1 percent to the Drug Medi-Cal

Subaccount.(b)  This section shall become inoperative on July 1, 2013, and, as of

January 1, 2014, is repealed, unless a later enacted statute, that becomesoperative on or before January 1, 2014, deletes or extends the dates on whichit becomes inoperative and is repealed.

SEC. 16. Section 30029 of the Government Code is amended to read:30029. For the 2011–12 fiscal year, which includes cash received in

July and up to August 15, 2012, allocations out of the accounts in the LocalRevenue Fund 2011 shall be allocated as follows:

(a)  All of the funds allocated to the Mental Health Account from theLocal Revenue Fund 2011, pursuant to subdivision (a) of Section 30027,shall be allocated by the Controller on the 20th of each month to the MentalHealth Subaccount of the Sales Tax Account in the Local Revenue Fund,as established by paragraph (1) of subdivision (b) of Section 17600 of theWelfare and Institutions Code.

(b)  Funds allocated to the Trial Court Security Account from the LocalRevenue Fund 2011, pursuant to paragraph (1) of subdivision (c) of Section30027, shall be allocated by the Controller on the 27th of each month to theTrial Court Security Account within each county’s or city and county’sCounty Local Revenue Fund 2011 based on an allocation provided by theDirector of Finance. The moneys allocated pursuant to this subdivision shallbe used solely to provide security to the trial courts and shall not be usedto pay for general county administrative expenses, including, but not limitedto, the costs of administering the account.

(c)  Funds allocated to the Local Community Corrections Account fromthe Local Revenue Fund 2011, pursuant to paragraph (2) of subdivision (c)of Section 30027, shall constitute the creation of the grant program inaccordance with Section 30026 and the appropriation to fund the CommunityCorrections Grant Program consistent with the provisions of Chapter 15 ofthe Statutes of 2011, and as identified in Section 636 of Chapter 15 of theStatutes of 2011. Solely for the 2011–12 fiscal year, which includes cashreceived in July and up to August 15, 2012, those funds shall be allocatedin nine monthly installments beginning on October 1, 2011, to the LocalCommunity Corrections Account held in each county’s or city and county’sCounty Local Revenue Fund 2011, as follows:

2.6026%ALAMEDA........................................0.0217%ALPINE..............................................0.1534%AMADOR...........................................0.7722%BUTTE...............................................0.0990%CALAVERAS.....................................

96

— 36 —Ch. 40

0.0605%COLUSA............................................1.2907%CONTRA COSTA..............................0.0625%DEL NORTE......................................0.3417%EL DORADO.....................................2.4946%FRESNO.............................................0.0935%GLENN...............................................0.4309%HUMBOLDT......................................0.3659%IMPERIAL.........................................0.0539%INYO..................................................3.0579%KERN.................................................0.8078%KINGS................................................0.2317%LAKE..................................................0.1086%LASSEN.............................................31.7692%LOS ANGELES..................................0.4765%MADERA...........................................0.3681%MARIN...............................................0.0467%MARIPOSA........................................0.2805%MENDOCINO....................................0.7052%MERCED............................................0.0217%MODOC.............................................0.0283%MONO................................................1.0858%MONTEREY......................................0.2969%NAPA..................................................0.1454%NEVADA............................................6.5138%ORANGE............................................0.8429%PLACER.............................................0.0434%PLUMAS............................................5.9482%RIVERSIDE.......................................3.7088%SACRAMENTO.................................0.1546%SAN BENITO.....................................7.2779%SAN BERNARDINO.........................7.0860%SAN DIEGO.......................................1.4253%SAN FRANCISCO.............................1.9153%SAN JOAQUIN..................................0.6211%SAN LUIS OBISPO...........................1.1919%SAN MATEO......................................1.0948%SANTA BARBARA...........................3.5468%SANTA CLARA.................................0.4693%SANTA CRUZ....................................0.8436%SHASTA.............................................0.0217%SIERRA..............................................0.1256%SISKIYOU..........................................1.0747%SOLANO............................................0.9146%SONOMA...........................................1.6965%STANISLAUS....................................0.3295%SUTTER.............................................0.3422%TEHAMA...........................................

96

Ch. 40— 37 —

0.0408%TRINITY............................................1.5969%TULARE.............................................0.1690%TUOLUMNE......................................1.6079%VENTURA.........................................0.8396%YOLO.................................................0.2839%YUBA.................................................

(d)  Solely for the 2011–12 fiscal year, which includes cash received inJuly and up to August 15, 2012, funds allocated to the District Attorney andPublic Defender Account from the Local Revenue Fund 2011, pursuant toparagraph (3) of subdivision (c) of Section 30027, shall be allocated in ninemonthly installments beginning on October 1, 2011, to the District Attorneyand Public Defender Account held in each county’s or city and county’sCounty Local Revenue Fund 2011 as follows:

2.6026%ALAMEDA........................................0.0217%ALPINE..............................................0.1534%AMADOR...........................................0.7722%BUTTE...............................................0.0990%CALAVERAS.....................................0.0605%COLUSA............................................1.2907%CONTRA COSTA..............................0.0625%DEL NORTE......................................0.3417%EL DORADO.....................................2.4946%FRESNO.............................................0.0935%GLENN...............................................0.4309%HUMBOLDT......................................0.3659%IMPERIAL.........................................0.0539%INYO..................................................3.0579%KERN.................................................0.8078%KINGS................................................0.2317%LAKE..................................................0.1086%LASSEN.............................................31.7692%LOS ANGELES..................................0.4765%MADERA...........................................0.3681%MARIN...............................................0.0467%MARIPOSA........................................0.2805%MENDOCINO....................................0.7052%MERCED............................................0.0217%MODOC.............................................0.0283%MONO................................................1.0858%MONTEREY......................................0.2969%NAPA..................................................0.1454%NEVADA............................................6.5138%ORANGE............................................0.8429%PLACER.............................................0.0434%PLUMAS............................................

96

— 38 —Ch. 40

5.9482%RIVERSIDE.......................................3.7088%SACRAMENTO.................................0.1546%SAN BENITO.....................................7.2779%SAN BERNARDINO.........................7.0860%SAN DIEGO.......................................1.4253%SAN FRANCISCO.............................1.9153%SAN JOAQUIN..................................0.6211%SAN LUIS OBISPO...........................1.1919%SAN MATEO......................................1.0948%SANTA BARBARA...........................3.5468%SANTA CLARA.................................0.4693%SANTA CRUZ....................................0.8436%SHASTA.............................................0.0217%SIERRA..............................................0.1256%SISKIYOU..........................................1.0747%SOLANO............................................0.9146%SONOMA...........................................1.6965%STANISLAUS....................................0.3295%SUTTER.............................................0.3422%TEHAMA...........................................0.0408%TRINITY............................................1.5969%TULARE.............................................0.1690%TUOLUMNE......................................1.6079%VENTURA.........................................0.8396%YOLO.................................................0.2839%YUBA.................................................

(e)  A total of four hundred eighty-nine million nine hundred thousanddollars ($489,900,000) of the funds allocated to the Local Law EnforcementServices Account in the Local Revenue Fund 2011 pursuant to subdivision(b) of Section 30027, shall be allocated pursuant to all of the following:

(1)  Subdivision (b) of Section 29553.(2)  Subdivision (f) of Section 30061.(3)  Subdivision (b) of Section 30070.(4)  Subdivision (b) of Section 13821 of the Penal Code.(5)  Subdivision (b) of Section 18220 of the Welfare and Institutions

Code.(6)  Subdivision (b) of Section 18220.1 of the Welfare and Institutions

Code.(f)  Funds in the Local Revenue Fund 2011 that are not allocated to a

particular account or subaccount may be allocated by the Director of Financeto offset state costs incurred from the phasing in of the implementation ofChapter 15 of the Statutes of 2011 and those costs incurred on behalf of alocal governmental entity in providing Public Safety Services.

(g)  This section shall become inoperative on July 1, 2013, and, as ofJanuary 1, 2014, is repealed, unless a later enacted statute, that becomes

96

Ch. 40— 39 —

operative on or before January 1, 2014, deletes or extends the dates on whichit becomes inoperative and is repealed.

SEC. 17. Section 30029.05 is added to the Government Code, to read:30029.05. For purposes of this section, each fiscal year shall include

cash received on August 16 to August 15, inclusive, of the following year.For the 2012–13 fiscal year, and for each fiscal year thereafter, the Controllershall allocate funds from the accounts in the Local Revenue Fund 2011 asfollows:

(a)  All of the funds allocated to the Mental Health Account from theLocal Revenue Fund 2011 shall be allocated by the Controller on the 20thof each month to the Mental Health Subaccount of the Sales Tax Accountin the Local Revenue Fund described in Section 17600 of the Welfare andInstitutions Code.

(b)  Funds allocated to the Trial Court Security Subaccount from the LocalRevenue Fund 2011 shall be allocated by the Controller on the 27th of eachmonth to the Trial Court Security Subaccount within each county’s or cityand county’s County Local Revenue Fund 2011. The moneys allocatedpursuant to this subdivision shall be used solely to provide security to thetrial courts and shall not be used to pay for general county administrativeexpenses, including, but not limited to, the costs of administering the account.These funds shall be allocated as follows:

4.4128%Alameda County0.0025%Alpine County0.1141%Amador County0.3818%Butte County0.0711%Calaveras County0.0296%Colusa County2.7405%Contra Costa County0.0662%Del Norte County0.4896%El Dorado County2.9892%Fresno County0.0950%Glenn County0.2275%Humboldt County0.2454%Imperial County0.0736%Inyo County1.9901%Kern County0.1907%Kings County0.1012%Lake County0.0326%Lassen County29.8019%Los Angeles County0.2624%Madera County0.6103%Marin County0.0402%Mariposa County0.2709%Mendocino County0.5739%Merced County

96

— 40 —Ch. 40

0.0212%Modoc County0.0957%Mono County0.7669%Monterey County0.3259%Napa County0.1684%Nevada County8.6268%Orange County0.7694%Placer County0.0772%Plumas County3.2023%Riverside County5.1290%Sacramento County0.0777%San Benito County5.2226%San Bernardino County6.7499%San Diego County2.2669%San Francisco County1.7058%San Joaquin County0.8299%San Luis Obispo County2.0628%San Mateo County1.3638%Santa Barbara County6.0031%Santa Clara County0.6038%Santa Cruz County0.0055%Sierra County0.1274%Siskiyou County1.1398%Solano County1.4353%Sonoma County0.9300%Stanislaus County0.1111%Sutter County0.1139%Tehama County1.1402%Tulare County0.2059%Tuolumne County2.2509%Ventura County0.5491%Yolo County0.1087%Yuba County

(c)  (1)  Funds allocated to the Local Community Corrections Accountand to its successor, the Community Corrections Subaccount, from the LocalRevenue Fund 2011 shall constitute the creation of the grant program inaccordance with Section 30026 and the appropriation to fund the CommunityCorrections Grant Program consistent with the provisions of Chapter 15 ofthe Statutes of 2011, and as identified in Section 636 of Chapter 15 of theStatutes of 2011. The funds from the Community Corrections Subaccountshall be allocated in the 2012–13 and 2013–14 fiscal years as follows:

3.4667%Alameda County0.0182%Alpine County0.1341%Amador County

96

Ch. 40— 41 —

0.6646%Butte County0.0943%Calaveras County0.0513%Colusa County2.2880%Contra Costa County0.0647%Del Norte County0.3950%El Dorado County2.4658%Fresno County0.0786%Glenn County0.3964%Humboldt County0.3709%Imperial County0.0469%Inyo County2.7823%Kern County0.7167%Kings County0.2054%Lake County0.0923%Lassen County31.7692%Los Angeles County0.4083%Madera County0.5414%Marin County0.0402%Mariposa County0.2448%Mendocino County0.6179%Merced County0.0198%Modoc County0.0343%Mono County0.9410%Monterey County0.2927%Napa County0.2100%Nevada County6.6797%Orange County0.7340%Placer County0.0422%Plumas County5.1232%Riverside County3.3308%Sacramento County0.1300%San Benito County6.6254%San Bernardino County7.0156%San Diego County2.0262%San Francisco County1.7534%San Joaquin County0.6145%San Luis Obispo County1.5961%San Mateo County0.9457%Santa Barbara County4.0037%Santa Clara County0.6139%Santa Cruz County0.7419%Shasta County0.0182%Sierra County0.1065%Siskiyou County1.0024%Solano County

96

— 42 —Ch. 40

1.0710%Sonoma County1.4525%Stanislaus County0.2978%Sutter County0.3032%Tehama County0.0353%Trinity County1.3899%Tulare County0.1422%Tuolumne County1.7880%Ventura County0.7162%Yolo County0.2487%Yuba County

(2)  Commencing with the 2014–15 fiscal year, funds allocated to theCommunity Corrections Subaccount from the Local Revenue Fund 2011shall be allocated in monthly installments to the Community CorrectionsSubaccount held in each county’s or city and county’s County Local RevenueFund 2011 pursuant to schedules developed by the Department of Financein consultation with the California State Association of Counties.

(d)  (1)  For the 2012–13 and 2013–14 fiscal years, funds allocated bythe Controller to the District Attorney and Public Defender Subaccountfrom the Local Revenue Fund 2011 shall be allocated in monthly installmentsto the District Attorney and Public Defender Subaccount held in eachcounty’s or city and county’s County Local Revenue Fund 2011 as follows:

2.7104%Alameda County0.0180%Alpine County0.1476%Amador County0.7549%Butte County0.0951%Calaveras County0.0560%Colusa County1.4172%Contra Costa County0.0595%Del Norte County0.3453%El Dorado County2.4875%Fresno County0.0883%Glenn County0.4231%Humboldt County0.3633%Imperial County0.0497%Inyo County3.0187%Kern County0.7926%Kings County0.2247%Lake County0.1032%Lassen County31.7692%Los Angeles County0.4643%Madera County0.3873%Marin County0.0425%Mariposa County0.2726%Mendocino County

96

Ch. 40— 43 —

0.6905%Merced County0.0182%Modoc County0.0258%Mono County1.0637%Monterey County0.2931%Napa County0.1505%Nevada County6.5321%Orange County0.8254%Placer County0.0399%Plumas County5.8375%Riverside County3.6563%Sacramento County0.1481%San Benito County7.1875%San Bernardino County7.0735%San Diego County1.5002%San Francisco County1.8909%San Joaquin County0.6169%San Luis Obispo County1.2412%San Mateo County1.0721%Santa Barbara County3.6030%Santa Clara County0.4848%Santa Cruz County0.8271%Shasta County0.2097%Sierra County0.1198%Siskiyou County1.0620%Solano County0.9317%Sonoma County1.6617%Stanislaus County0.3221%Sutter County0.3338%Tehama County0.0368%Trinity County1.5667%Tulare County0.1622%Tuolumne County1.6280%Ventura County0.8202%Yolo County0.2760%Yuba County

(2)  Commencing with the 2014–15 fiscal year, funds allocated to theDistrict Attorney and Public Defender Subaccount from the Local RevenueFund 2011 shall be allocated in monthly installments to the District Attorneyand Public Defender Subaccount held in each county’s or city and county’sCounty Local Revenue Fund 2011 pursuant to schedules developed by theDepartment of Finance in consultation with the California State Associationof Counties.

(e)  Funds allocated to the Enhancing Law Enforcement ActivitiesSubaccount in the Local Revenue Fund 2011 shall be allocated in accordancewith the following:

96

— 44 —Ch. 40

(1)  Subdivision (c) of Section 29552.(2)  Subdivision (f) of Section 30061.(3)  Subdivision (b) of Section 30070.(4)  Subdivision (c) of Section 13821 of the Penal Code.(5)  Subdivision (b) of Section 18220 of the Welfare and Institutions

Code.(6)  Subdivision (b) of Section 18220.1 of the Welfare and Institutions

Code.(f)  On August 25 of each year, funds allocated to the Enhancing Law

Enforcement Activities Growth Special Account in the Enhancing LawEnforcement Activities Subaccount in the Local Revenue Fund 2011 shallbe allocated to the corresponding subaccount at the county level as follows:

(1)  An amount equaling 38.40 percent shall be allocated to counties forthe purposes of Section 18221 of the Welfare and Institutions Code. TheController shall allocate these funds pursuant to the percentages providedin subdivision (c) of Section 18220 of the Welfare and Institutions Code.

(2)  An amount equaling 27.08 percent shall be allocated to countiespursuant to a schedule provided by the Department of Finance for thepurposes specified in paragraphs (1) to (3), inclusive, of subdivision (b) ofSection 30061.

(3)  An amount equaling 27.08 percent shall be allocated to countiespursuant to a schedule to be provided by the Department of Finance for thepurposes specified in paragraph (4) of subdivision (b) of Section 30061.

(4)  An amount equaling 7.44 percent shall be allocated to counties forthe purposes of Section 18220.1 of the Welfare and Institutions Code, basedon a schedule provided by the Department of Finance.

SEC. 18. Section 30029.07 is added to the Government Code, to read:30029.07. (a)  (1)  The moneys allocated out of the Support Services

Growth Subaccount and the Law Enforcement Services Growth Subaccountof the Sales and Use Tax Growth Account shall be allocated to each of thefollowing subaccounts in each county or city and county’s County LocalRevenue Fund 2011:

(A)  From the Protective Services Growth Special Account in the SupportServices Growth Subaccount to the Protective Services Subaccount in thecounty Support Services Account.

(B)  From the Behavioral Health Services Growth Special Account in theSupport Services Growth Subaccount to the Behavioral Health Subaccountin the county Support Services Account.

(C)  From the Trial Court Security Growth Special Account in the LawEnforcement Services Growth Subaccount to the Trial Court SecuritySubaccount in the county Law Enforcement Services Account.

(D)  From the Community Corrections Growth Special Account in theLaw Enforcement Services Growth Subaccount to the CommunityCorrections Subaccount in the county Law Enforcement Services Account.

(E)  From the District Attorney and Public Defender Growth SpecialAccount in the Law Enforcement Services Growth Subaccount to the District

96

Ch. 40— 45 —

Attorney and Public Defender Subaccount in the county Law EnforcementServices Account.

(F)  From the Juvenile Justice Growth Special Account in the LawEnforcement Services Growth Subaccount to the Juvenile Justice Subaccountin the county Law Enforcement Services Account.

(2)  The allocations shall be made pursuant to the percentages providedin this section or, if those percentage allocations are not provided herein,then the funds shall be allocated pursuant to schedules provided by theDepartment of Finance created in accordance with any criteria contained inthis section and in consultation with appropriate state departments and theCalifornia State Association of Counties.

(b)  Beginning in the 2015–16 fiscal year, each county treasurer, city andcounty treasurer, or other appropriate official shall transfer to the LocalInnovation Subaccount 10 percent of the moneys received during a fiscalyear from each of the following state accounts:

(1)  The Trial Court Security Growth Special Account.(2)  The Community Corrections Growth Special Account.(3)  The District Attorney and Public Defender Growth Special Account.(4)  The Juvenile Justice Growth Special Account.(c)  The funds allocated to the Protective Services Growth Special

Account, pursuant to paragraph (2) of subdivision (c) of, and subparagraph(B) of paragraph (1) of subdivision (d) of, Section 30027.9, shall be allocatedin monthly installments by the Controller to the Protective ServicesSubaccount in the Support Services Account of the County Local RevenueFund 2011 according to the same percentages as provided in subparagraph(C) of paragraph (1) of subdivision (d).

(d)  (1)  (A)  Beginning in the 2012–13 fiscal year, of the funds allocatedto the Protective Services Growth Special Account, pursuant to paragraph(3) of subdivision (c) of, subparagraph (C) of paragraph (1) of subdivision(d) of, and subparagraph (B) of paragraph (1) of subdivision (e) of, Section30027.9, 10 percent shall be allocated pursuant to a schedule developed bythe Department of Finance in consultation with the State Department ofSocial Services and the California State Association of Counties pursuantto subparagraph (C) only to those counties that have expended in that fiscalyear an amount at least equivalent to that which the county would have hadto spend in the absence of 2011 Realignment Legislation to access theaugmentation funding pursuant to Section 10609.9 of the Welfare andInstitutions Code, as that section read prior to the enactment of 2011Realignment Legislation, on services that were previously funded by theGeneral Fund from the Child Welfare Services Allocation prior to theenactment of 2011 Realignment Legislation. The determination of whethera county expended the amount necessary to be eligible for the allocationpursuant to this subparagraph shall be made based on claims for that fiscalyear received by the State Department of Social Services as of August 1 ofthe subsequent fiscal year.

(B)  Notwithstanding subparagraph (A), small counties, defined as thosecounties with a population of 50,000 or fewer pursuant to demographic

96

— 46 —Ch. 40

information released each year by the Department of Finance, are exemptfrom the requirement of subparagraph (A) and shall be included in theschedule developed pursuant to subparagraph (A) as if they had met theexpenditure requirement of subparagraph (A).

(C)  Moneys available pursuant to this subdivision shall be allocated ona proportional basis to each eligible county based on its share relative toother eligible counties as follows:

4.4015%Alameda County0.0631%Alpine County0.0813%Amador County0.7740%Butte County0.1462%Calaveras County0.0791%Colusa County2.5317%Contra Costa County0.2126%Del Norte County0.4152%El Dorado County2.2139%Fresno County0.1826%Glenn County0.5591%Humboldt County0.5981%Imperial County0.0985%Inyo County2.6123%Kern County0.4206%Kings County0.1797%Lake County0.1364%Lassen County32.2850%Los Angeles County0.3778%Madera County0.3038%Marin County0.1088%Mariposa County0.5455%Mendocino County0.7330%Merced County0.0690%Modoc County0.0706%Mono County0.7204%Monterey County0.2848%Napa County0.1494%Nevada County5.3605%Orange County0.9329%Placer County0.1091%Plumas County5.9106%Riverside County4.9631%Sacramento County0.1372%San Benito County4.4486%San Bernardino County7.8876%San Diego County1.9870%San Francisco County

96

Ch. 40— 47 —

1.7214%San Joaquin County0.8698%San Luis Obispo County1.1945%San Mateo County0.6875%Santa Barbara County4.4380%Santa Clara County0.4888%Santa Cruz County0.4969%Shasta County0.0616%Sierra County0.1603%Siskiyou County0.6608%Solano County0.9682%Sonoma County1.2472%Stanislaus County0.2955%Sutter County0.2861%Tehama County0.1588%Trinity County1.2609%Tulare County0.1505%Tuolumne County1.0447%Ventura County0.3336%Yolo County0.3843%Yuba County

(2)  (A)  For the 2012–13 fiscal year, the remaining 90 percent of thefunds allocated to the Protective Services Growth Special Account fromthe Support Services Growth Subaccount pursuant to paragraph (3) ofsubdivision (c) of Section 30027.9 shall be allocated by the Controller toall counties in the same proportions as set forth for the 2012–13 fiscal yearpursuant to subdivision (a) of Section 30029.5.

(B)  For the 2013–14 fiscal year and each fiscal year thereafter, theremaining 90 percent of the funds allocated to the Protective Services GrowthSpecial Account from the Support Services Growth Subaccount pursuantto subparagraph (C) of paragraph (1) of subdivision (d) or subparagraph(B) of paragraph (1) of subdivision (e) of Section 30027.9 shall be allocatedto all counties in the same proportions as the base funding is allocated forthat fiscal year pursuant to Section 30029.5.

(3)  After consultation with the State Department of Social Services andthe California State Association of Counties, the Department of Financeshall provide a schedule developed as specified in this section for allocationof growth funds annually to the Controller.

(e)  (1)  For the 2012–13 and 2013–14 fiscal years, the CommunityCorrections Growth Special Account shall be allocated by the Controllerpursuant to a schedule provided by the Department of Finance. The scheduleshall reflect priorities that promote the effective implementation of the 2011Public Safety Realignment, as follows:

(A)  A guaranteed minimum allocation for each county.(B)  The establishment of appropriate small county minimum allocations.(C)  Adjustments for county average daily population (ADP) variations

from projected ADP impact.

96

— 48 —Ch. 40

(D)  Other factors affecting the implementation of the 2011 Public SafetyRealignment program, as determined by the Department of Finance.

(E)  Implementation of the 2011 Public Safety Realignment in a mannerconsistent with the legislative intent described in Sections 17.5 and 3450of the Penal Code.

(2)  When developing the schedule, the Department of Finance shallconsider a county’s commitment to continuing, expanding, or initiatingcommunity corrections practices, programs and strategies that manage felonyoffender populations most cost effectively through the use of evidence-basedpractices designed to achieve improved public safety, including, but notlimited to, the use of offender risk and needs assessment tools,criminogenic-based interventions, substance abuse and mental healthtreatment, and additional treatment and sanctions other than traditional jailincarceration alone or routine probation supervision, as well ascommunity-based programs.

SEC. 19. Section 30029.2 of the Government Code is amended to read:30029.2. (a)  The moneys allocated out of the subaccounts of the Health

and Human Services Account for the constituent programs of thosesubaccounts are intended, as much as practicable, to be allocated in the samemanner the funds for those programs were distributed in the 2010–11 fiscalyear.

(b)  All of the moneys allocated out of a subaccount in the Health andHuman Services Account shall be used solely for the purposes describedfor that subaccount in paragraph (16) of subdivision (f) of Section 30025.

(c)  For the 2011–12 fiscal year, the subaccounts of the Health and HumanServices Account in the Local Revenue Fund 2011, except the Child WelfareServices Subaccount, shall be allocated by the Controller each month to theHealth and Human Services Account within each county’s or city andcounty’s County Local Revenue Fund 2011 based on an allocation providedby the Director of Finance.

(d)  Funds allocated to the Child Welfare Services Subaccount from theHealth and Human Services Account in the Local Revenue Fund 2011,pursuant to paragraph (3) of subdivision (a) of Section 30028.5, shall beallocated by the Controller each month to the Health and Human ServicesAccount within each county’s or city and county’s County Local RevenueFund 2011, based on an allocation provided by the Director of Financewhich reflects the allocation structure for the 2010–11 fiscal year. Thisallocation shall be provided to the Director of Finance by the StateDepartment of Social Services based on estimates developed by the StateDepartment of Social Services in consultation with the County WelfareDirectors Association and the California State Association of Counties. Themoneys allocated pursuant to this subdivision shall be used solely for thepurposes described in clause (iii) of subparagraph (A) of paragraph (16) ofsubdivision (f) of Section 30025.

(e)  This section shall become inoperative on June 30, 2013, and, as ofJanuary 1, 2014, is repealed, unless a later enacted statute, that becomes

96

Ch. 40— 49 —

operative on or before January 1, 2014, deletes or extends the dates on whichit becomes inoperative and is repealed.

SEC. 20. Section 30029.3 of the Government Code is repealed.SEC. 21. Section 30029.4 of the Government Code is repealed.SEC. 22. Section 30029.4 is added to the Government Code, to read:30029.4. (a)  The following terms have the following meanings for

purposes of implementing this section:(1)  “Adoptions” includes adoption services provided to children and

families pursuant to Section 16100 of the Welfare and Institutions Code orwhich a county enters into an agreement with another entity to provide onthe county’s behalf.

(2)  “Child welfare services” includes those services provided to childrenand families pursuant to Chapter 5 (commencing with Section 16500) ofthe Welfare and Institutions Code.

(3)  “Foster care” includes expenditures for out-of-home placements forchildren pursuant to Article 5 (commencing with Section 11400), andKinship Guardianship Assistance Payments provided pursuant to Article4.5 (commencing with Section 11360) or Article 4.7 (commencing withSection 11385) of, Chapter 2 of Part 3 of Division 9 of the Welfare andInstitutions Code.

(b)  Savings achieved by counties as a result of the shift of residentialplacement costs for seriously emotionally disturbed youth from the StateDepartment of Social Services to the State Department of Education pursuantto Chapter 43 of the Statutes of 2011 shall be redirected to supplement fostercare, child welfare services, or adoptions program expenditures. Thesesavings amounts, as defined in subdivision (c), shall not supplant otherfoster care, child welfare services, or adoptions program expenditures forthe 2011–12 fiscal year and each fiscal year thereafter. No county shall berequired to redirect funding to foster care, child welfare services, or adoptionsprograms, or any combination of those programs or services, in an amountgreater than the amount of the offsetting savings the county achieved as aresult of the shift of residential placement costs. It is the intent of theLegislature that the requirements of this section shall result in no net coststo any county.

(c)  The amount of savings that each county is responsible for maintainingwithin the foster care, child welfare services, or adoptions programs asdefined in subdivision (a) will be calculated by the State Department ofSocial Services, in conjunction with the Department of Finance and theCounty Welfare Directors Association, using the average total annual amounteach county spent on the county share of residential placement costs forseriously emotionally disturbed youth pursuant to Assembly Bill 3632(Chapter 1747 of the Statutes of 1984) in the 2007–08, 2008–09, and2009–10 fiscal years.

(d)  This act is not intended to limit or restrict savings realized by countiesfrom other caseload decreases or other decreases in costs for the foster care,child welfare services, or adoptions programs.

96

— 50 —Ch. 40

(e)  This section shall not be construed to create an obligation for anycounty that previously opted to spend greater than the amount necessary tofully match its base allocation of General Fund moneys for child welfareservices and adoptions in a given fiscal year to continue such an overmatch.

SEC. 23. Section 30029.5 is added to the Government Code, to read:30029.5. (a)  For 2012–13, the moneys allocated to the Protective

Services Subaccount of the Support Services Account of the Local RevenueFund 2011 shall be allocated in monthly installments by the Controller tothe county Protective Services Subaccount of the county Support ServicesAccount of the County Local Revenue Fund 2011 pursuant to a scheduledeveloped by the Department of Finance in consultation with the StateDepartment of Social Services and the California State Association ofCounties in accordance with the following:

(1)  (A)  Up to thirty-two million seven hundred twenty-one thousanddollars ($32,721,000) annually to the Contract Special Account of the countyor city and county designated pursuant to Section 30029.8.

(B)  Once the amount specified in subparagraph (A) is available forallocation to the designated county’s or city and county’s Contract SpecialAccount which shall be created in that county’s or city and county’s CountyProtective Services Subaccount, no additional money shall be allocatedpursuant to this paragraph.

(2)  The percentage distribution to each county shall be the same as thoseused to distribute funds in the 2011–12 fiscal year adjusted to reflect updatedexpenditures on Foster Care Assistance and Adoption Assistance Programpayments as appropriate and for distribution of estimated funding forimplementation of extended foster care services pursuant to Chapter 559 ofthe Statutes of 2010.

(b)  For the 2013–14 fiscal year and each fiscal year thereafter, the moneysallocated to the Protective Services Subaccount of the Support ServicesAccount of the Local Revenue Fund 2011 shall be allocated in monthlyinstallments by the Controller to the Protective Services Subaccount of theSupport Services Account of the County Local Revenue Fund 2011 pursuantto schedules developed by the Department of Finance in consultation withthe State Department of Social Services and the California State Associationof Counties and in accordance with the following:

(1)  Each county shall receive an amount equal to that which the countyreceived in the immediately preceding fiscal year pursuant to this sectionand the Protective Services Subaccount provisions within Section 30029.07.

(2)  If there are insufficient funds in the Protective Services Subaccountto comply with paragraph (1), then the moneys shall be allocated in aproportional basis to each county based on the relative amounts of fundingthat each county received during the immediately preceding fiscal year fromthe Protective Services Subaccount and the Protective Services GrowthSpecial Account. Funding pursuant to subparagraph (A) of paragraph (1)of subdivision (a) shall be reduced by a percentage that equals the overallpercent reduction in moneys incurred by the 58 counties pursuant to thisparagraph.

96

Ch. 40— 51 —

(3)  In addition to amounts received pursuant to paragraphs (1), (2), and(4), the schedules shall provide a proportional share of funds to the countyor city and county designated in Section 30029.8, up to the amount specifiedin subparagraph (A) of paragraph (1) of subdivision (a).

(4)  If there are funds in the Protective Services Subaccount in excess ofthose necessary to comply with paragraph (1), any additional funds shallbe allocated pursuant to the schedule specified in subdivision (b).

SEC. 24. Section 30029.6 is added to the Government Code, to read:30029.6. (a)  The moneys allocated from the Behavioral Health

Subaccount of the Local Revenue Fund 2011 shall be distributed by theController on a monthly or quarterly basis pursuant to schedules providedby the Department of Finance created in consultation with appropriate stateagencies and the California State Association of Counties.

(b)  (1)  Notwithstanding subdivision (a), for the 2012–13 fiscal year andevery fiscal year thereafter, the moneys in the Women and Children’sResidential Treatment Services Special Account shall be allocated as follows:

(A)  Alameda County: six hundred eighty-seven thousand six hundredsixty-five dollars ($687,665).

(B)  Marin County: seven hundred twenty-eight thousand four hundredeighty-five dollars ($728,485).

(C)  Los Angeles County: two million one hundred thirty-two thousandfour hundred eighty-eight dollars ($2,132,488).

(D)  San Diego County: five hundred fifty-three thousand nine hundredforty dollars ($553,940).

(E)  San Francisco City and County: one hundred eighty-two thousandtwo hundred eighty-six dollars ($182,286).

(F)  San Joaquin County: eight hundred nineteen thousand one hundredthirty-six dollars ($819,136).

(2)  One-twelfth of the total annual amount specified in subparagraphs(A) to (F), inclusive, shall be allocated to each county, respectively, eachmonth.

SEC. 25. Section 30029.7 is added to the Government Code, to read:30029.7. (a)  Notwithstanding any other law and to the extent consistent

with or required by federal law or court order, a county or counties maycontract directly with the State Department of Health Care Services or theState Department of Social Services, as applicable, to provide or administerthe following programs, services, or activities:

(1)  The Drug Medi-Cal Treatment Program pursuant to Article 3.2(commencing with Section 14124.20) of Chapter 7 of Part 3 of Division 9of the Welfare and Institutions Code.

(2)  Agency adoptions pursuant to Chapter 2 (commencing with Section16100) of Part 4 of Division 9 of the Welfare and Institutions Code andChapter 2 (commencing with Section 8700) of Part 2 of Division 13 of theFamily Code. Notwithstanding any other law, a license issued pursuant toChapter 3 (commencing with Section 1500) of Division 2 of the Health andSafety Code shall not be required of a county that provides agency adoptionprogram services.

96

— 52 —Ch. 40

(b)  Nothing in paragraph (1) or (2) of subdivision (a) shall prevent acounty from providing funding for any of the programs, services, or activitiesthrough a contract with another county, joint powers agreement, or countyconsortium.

(c)  Contracts awarded pursuant to subdivision (a) shall be exempt fromthe requirements of Chapter 1 (commencing with Section 10100) and Chapter2 (commencing with Section 10290) of Part 2 of Division 2 of the PublicContract Code. Contracts with the State Department of Health Care Servicesor the State Department of Social Services shall include reimbursement tothe state for the cost of providing the services or activities in subdivision(a) subject to the terms of the contract. Those reimbursement amounts shallnot exceed the funding provided to counties for specified programs.

SEC. 26. Section 30029.8 is added to the Government Code, to read:30029.8. (a)  Notwithstanding any other law, a county or city and county

may elect and, in consultation with the California State Association ofCounties, be designated by the State Department of Social Services tocontract directly with the State Department of Social Services for thefollowing social services programs, functions, and services.

(1)  The Private Agency Adoptions Reimbursement Program.(2)  The Chafee Post Secondary Education and Training Voucher Program.(3)  Health Care Oversight for Children in Foster Care.(4)  Training, technical assistance, and other contracts of statewide

benefits.(5)  Other contracts that counties, in consultation with the State

Department of Social Services, determine are in the best interests of countiesand the state.

(b)  The designated county or city and county that receives an allocationfunded pursuant to subparagraph (A) of paragraph (1) of subdivision (a) ofSection 30029.5 and paragraph (3) of subdivision (b) of Section 30029.5shall place the funds in a Contract Special Account, which shall be createdby the county treasurer or other appropriate official, within the ProtectiveServices Subaccount of the County Local Revenue Fund 2011.Notwithstanding any other law, this special account shall not be subject tothe reallocation provisions of subparagraph (A) of paragraph (6) ofsubdivision (f) of Section 30025. The contracts described in subdivision (a)shall be funded only from the Contract Special Account.

(c)  The contract or contracts entered into pursuant to paragraph (1) ofsubdivision (a) shall contain a provision that if full funding is not providedpursuant to Section 30029.5 in any fiscal year, then the State Departmentof Social Services may, in its discretion, reduce the contracted activities tobe performed.

(d)  Once the necessary federal approval to allow for appropriate claimingof federal Title XIX funds by county child welfare agencies has been securedpursuant to subdivision (f) of Section 16501.3 of the Welfare and InstitutionsCode, the funds provided in subdivision (a) of Section 30029.5 for the HealthCare Oversight for Children in Foster Care shall be redistributed to allcounties pursuant to an allocation schedule developed by the State

96

Ch. 40— 53 —

Department of Finance in consultation with the State Department of HealthCare Services and the California State Association of Counties.

(e)  Funds not expended from the Contract Special Account in any fiscalyear shall be retained in the Contract Special Account for use in a subsequentfiscal year. Alternatively, after consultation with the California StateAssociation of Counties and the State Department of Social Services, thedesignated county or city and county may redistribute those funds to allcounties in the same proportion as funding is allocated pursuant tosubdivision (a) of Section 30029.5, excluding the allocation to the ContractSpecial Account. Any redistributed funds shall be deposited in each county’sProtective Services Subaccount in the County Revenue Fund 2011, but thisfunding shall not be used in determining the amount of funding allocatedto any county in a subsequent fiscal year.

(f)  If a county or city and county elects to cease to perform the dutiesdescribed in subdivision (a), or if the Department of Finance removes thedesignation of the county, then the State Department of Social Services, inconsultation with the California State Association of Counties, shalldesignate another county or counties or city and county that elects to performthe duties described in subdivision (a).

SEC. 27. Section 30029.11 is added to the Government Code, to read:30029.11. For purposes of this section, each fiscal year shall include

cash received on August 16 to August 15, inclusive, of the following year.The moneys allocated out of the special accounts of the Juvenile JusticeSubaccount for the 2012–13 fiscal year and every subsequent fiscal yearthereafter are intended to be allocated in the same manner as the fundingfor those programs would have been allocated in the 2012–13 fiscal yearand every subsequent year if not for the enactment of Section 30029.1 andthis section. The Controller shall allocate moneys in the subaccounts in theJuvenile Justice Subaccount in the Local Revenue Fund 2011 as follows:

(a)  The Director of Finance shall determine the total amount of theYouthful Offender Block Grant Special Account and the allocation for eachcounty, pursuant to Sections 1955 and 1956 of the Welfare and InstitutionsCode, and shall report those findings annually to the Controller. TheController shall make an allocation from the Youthful Offender Block GrantSpecial Account in the Juvenile Justice Subaccount to each county’s or cityand county’s Juvenile Justice Subaccount in accordance with the report.The moneys allocated pursuant to this subdivision shall be used solely forthe purposes described in subparagraph (A) of paragraph (13) of subdivision(f) of Section 30025.

(b)  The Director of Finance shall calculate the allocations for the JuvenileReentry Grant Special Account and the allocation for each county probationdepartment, consistent with the goals and criteria set forth in Section 1984of the Welfare and Institutions Code, except that the allocations shall bedistributed monthly, and shall report those findings to the Controller. TheController shall make an allocation from the Juvenile Reentry Grant SpecialAccount to each county’s or each city and county’s Juvenile JusticeSubaccount in accordance with the report. The moneys allocated pursuant

96

— 54 —Ch. 40

to this subdivision shall be used solely for the purposes described insubparagraph (B) of paragraph (13) of subdivision (f) of Section 30025.

SEC. 28. Section 30029.12 is added to the Government Code, to read:30029.12. Any schedule developed by the Department of Finance

pursuant to this chapter and transmitted to the Controller shall also betransmitted by the Department of Finance to the appropriate legislative fiscalcommittees.

SEC. 29. Section 1954 of the Welfare and Institutions Code is repealed.SEC. 30. Section 17600.15 of the Welfare and Institutions Code is

amended to read:17600.15. (a)  Of the sales tax proceeds from revenues collected in the

1991–92 fiscal year which are deposited to the credit of the Local RevenueFund, 51.91 percent shall be credited to the Mental Health Subaccount,36.17 percent shall be credited to the Social Services Subaccount, and 11.92percent shall be credited to the Health Subaccount of the Sales Tax Account.

(b)  For the 1992–93 fiscal year to the 2011–12 fiscal year, inclusive, ofthe sales tax proceeds from revenues deposited to the credit of the LocalRevenue Fund, the Controller shall make monthly deposits to the MentalHealth Subaccount, the Social Services Subaccount, and the HealthSubaccount of the Sales Tax Account until the deposits equal the amountsthat were allocated to counties, cities, and cities and counties mental healthaccounts, social services accounts, and health accounts, respectively, of thelocal health and welfare trust funds in the prior fiscal year pursuant to thischapter from the Sales Tax Account and the Sales Tax Growth Account.Any excess sales tax revenues received pursuant to Sections 6051.2 and6201.2 of the Revenue and Taxation Code shall be deposited in the SalesTax Growth Account of the Local Revenue Fund.

(c)  (1)  For the 2012–13 fiscal year and fiscal years thereafter, of thesales tax proceeds from revenues deposited to the credit of the Local RevenueFund, the Controller shall make monthly deposits to the Social ServicesSubaccount and the Health Subaccount of the Sales Tax Account until thedeposits equal the amounts that were allocated to counties’, cities’, and cityand counties social services accounts and health accounts, respectively, ofthe local health and welfare trust funds in the prior fiscal year pursuant tothis chapter from the Sales Tax Account and the Sales Tax Growth Account.

(2)  For the 2012–13 fiscal year, and fiscal years thereafter, of the salestax proceeds from revenues deposited to the credit of the Local RevenueFund, the Controller shall make monthly deposits to the Mental HealthSubaccount of the Sales Tax Account until the deposits equal the amountsthat were allocated to counties’, cities’, and city and counties CalWORKsMaintenance of Effort Subaccounts pursuant to subdivision (a) of Section17601.25, and any additional amounts above the amount specified insubdivision (a) of Section 17601.25, of the local health and welfare trustfunds in the prior fiscal year pursuant to this chapter from the Sales TaxAccount and the Sales Tax Growth Account. The Controller shall not includein this calculation any funding deposited in the Mental Health Subaccountfrom the Support Services Growth Subaccount pursuant to Section 30027.9

96

Ch. 40— 55 —

of the Government Code or funds described in subdivision (c) of Section17601.25.

(3)  Any excess sales tax revenues received pursuant to Sections 6051.2and 6201.2 of the Revenue and Taxation Code after the allocations requiredby paragraphs (1) and (2) are made shall be deposited in the Sales TaxGrowth Account of the Local Revenue Fund.

SEC. 31. Section 17601.20 of the Welfare and Institutions Code isamended to read:

17601.20. (a)  Notwithstanding any other law, for the 2011–12 fiscalyear, except for the funds described in subdivision (c), any funds under thischapter or any other provision of Chapter 89 of the Statutes of 1991 thatwould have otherwise been deposited into the Mental Health Subaccountsubsequent to July 15 shall instead be deposited in the CalWORKsMaintenance of Effort Subaccount.

(b)  All of the funds deposited in the CalWORKs Maintenance of EffortSubaccount pursuant to subdivision (a) shall be used by each county andcity and county that receives an allocation of those funds to pay an increasedcounty contribution toward the costs of CalWORKs grants. Each county’stotal annual contribution pursuant to this section shall equal the total amountof funds deposited in the county’s CalWORKs Maintenance of EffortSubaccount during that fiscal year. The CalWORKs Maintenance of EffortSubaccount shall not be subject to the transferability provisions of Section17600.20 and shall not be factored into the calculation of growth allocationspursuant to Article 7 (commencing with Section 17606.05). Each county’scontribution pursuant to this section shall be in addition to the share of costrequired pursuant to Section 15200.

(c)  There shall be a monthly allocation from the Mental Health Accountin the Local Revenue Fund 2011 to the Mental Health Subaccount pursuantto subdivision (a) of Section 30027 of the Government Code.

SEC. 32. Section 17601.25 is added to the Welfare and Institutions Code,to read:

17601.25. (a)  Notwithstanding any other law, beginning in the 2012–13fiscal year, except for funds deposited in the Mental Health Subaccountfrom the Support Services Growth Subaccount pursuant to Section 30027.9of the Government Code and the funds described in subdivision (c), anyfunds under this chapter or any other provision of Chapter 89 of the Statutesof 1991 that would otherwise have been deposited into each county’s orcity and county’s mental health account subsequent to July 15 shall insteadbe deposited in the CalWORKs Maintenance of Effort Subaccount. However,in each fiscal year, the amount deposited in the CalWORKs Maintenanceof Effort Subaccount shall not exceed one billion one hundred twenty millionfive hundred fifty-one thousand dollars ($1,120,551,000).

(b)  All of the funds deposited in the CalWORKs Maintenance of EffortSubaccount pursuant to subdivision (a) shall be used by each county or cityand county that receives an allocation of those funds to pay an increasedcounty contribution toward the costs of CalWORKs grants. Each county’stotal annual contribution pursuant to this section shall equal the total amount

96

— 56 —Ch. 40

of funds deposited in the county’s CalWORKs Maintenance of EffortSubaccount during that fiscal year. The CalWORKs Maintenance of EffortSubaccount shall not be subject to the transferability provisions of Section17600.20 and shall not be factored into the calculation of growth allocationspursuant to Article 7 (commencing with Section 17606.05). Each county’scontribution pursuant to this section shall be in addition to the share of costrequired pursuant to Section 15200.

(c)  There shall be a monthly allocation of ninety-three million threehundred seventy-nine thousand two hundred fifty-two dollars ($93,379,252)from the Mental Health Account in the Local Revenue Fund 2011 to theMental Health Subaccount pursuant to subdivision (a) of Sections 30027.5,30027.6, 30027.7, and 30027.8 of the Government Code.

SEC. 33. Section 17602.1 is added to the Welfare and Institutions Code,to read:

17602.1. On or before the 27th day of each month, the Controller shallallocate, pursuant to a schedule prepared by the Department of Finance, tothe CalWORKs Maintenance of Effort Subaccount of each local health andwelfare trust fund the amounts deposited and remaining unexpended andunreserved on the 15th day of the month in the CalWORKs Maintenanceof Effort Subaccount.

SEC. 34. This act is a bill providing for appropriations related to theBudget Bill within the meaning of subdivision (e) of Section 12 of ArticleIV of the California Constitution, has been identified as related to the budgetin the Budget Bill, and shall take effect immediately.

O

96

Ch. 40— 57 —