2009 California Government Code - Section 30061-30065 :: Chapter 6.7. Supplemental Local Law Enforcement Funding

30061.  (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
   (b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county's SLESF, including any
interest or other return earned on the investment of those moneys,
within 30 days of the deposit of those moneys into the fund, and
shall allocate those moneys in accordance with the requirements set
forth in this subdivision. However, the auditor shall not transfer
those moneys to a recipient agency until the Supplemental Law
Enforcement Oversight Committee certifies receipt of an approved
expenditure plan from the governing board of that agency. The moneys
shall be allocated as follows:
   (1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera, Napa,
and Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
   (2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.
   (3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide a grant of at least one hundred thousand dollars
($100,000) to each law enforcement jurisdiction. For a newly
incorporated city whose population estimate is not published by the
Department of Finance, but that was incorporated prior to July 1 of
the fiscal year in which an allocation from the SLESF is to be made,
the city manager, or an appointee of the legislative body, if a city
manager is not available, and the county administrative or executive
officer shall prepare a joint notification to the Department of
Finance and the county auditor with a population estimate reduction
of the unincorporated area of the county equal to the population of
the newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESF is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. The county auditor shall allocate a grant of at least
one hundred thousand dollars ($100,000) to each law enforcement
jurisdiction. Moneys allocated to the county pursuant to this
subdivision shall be retained in the county SLESF, and moneys
allocated to a city pursuant to this subdivision shall be deposited
in an SLESF established in the city treasury.
   (4) Fifty percent to the county or city and county to implement a
comprehensive multiagency juvenile justice plan as provided in this
paragraph and to the Corrections Standards Authority for
administrative purposes. Funding for the Corrections Standards
Authority, as determined by the Department of Finance, shall not
exceed two hundred seventy-five thousand dollars ($275,000). For the
2003-04 fiscal year, of the two hundred seventy-five thousand dollars
($275,000), up to one hundred seventy-six thousand dollars
($176,000) may be used for juvenile facility inspections. The
juvenile justice plan shall be developed by the local juvenile
justice coordinating council in each county and city and county with
the membership described in Section 749.22 of the Welfare and
Institutions Code. If a plan has been previously approved by the
Corrections Standards Authority, the plan shall be reviewed and
modified annually by the council. The plan or modified plan shall be
approved by the county board of supervisors, and in the case of a
city and county, the plan shall also be approved by the mayor. The
plan or modified plan shall be submitted to the Corrections Standards
Authority by May 1 of each year.
   (A) Juvenile justice plans shall include, but not be limited to,
all of the following components:
   (i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
   (ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
   (iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
   (iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
   (B) Programs proposed to be funded shall satisfy all of the
following requirements:
   (i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
   (ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
   (iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
   (iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
   (C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and contain an accounting
for all program participants, including those who do not complete
the programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
   (i) The rate of juvenile arrests per 100,000 population.
   (ii) The rate of successful completion of probation.
   (iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
   (iv) Arrest, incarceration, and probation violation rates of
program participants.
   (v) Quantification of the annual per capita costs of the program.
   (D) The Corrections Standards Authority shall review plans or
modified plans submitted pursuant to this paragraph within 30 days
upon receipt of submitted or resubmitted plans or modified plans. The
authority shall approve only those plans or modified plans that
fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the approval of
its plan or modified plan. The authority shall offer, and provide,
if requested, technical assistance to any county or city and county
that submits a plan or modified plan not in compliance with the
requirements of this paragraph. The SLESF shall only allocate funding
pursuant to this paragraph upon notification from the authority that
a plan or modified plan has been approved.
   (E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:
   (i) Each county or city and county shall report, beginning October
15, 2002, and annually each October 15 thereafter, to the county
board of supervisors and the Corrections Standards Authority, in a
format specified by the authority, on the programs funded pursuant to
this chapter and program outcomes as specified in subparagraph (C).
   (ii) The Corrections Standards Authority shall compile the local
reports and, by March 15, 2003, and annually thereafter, make a
report to the Governor and the Legislature on program expenditures
within each county and city and county from the appropriation for the
purposes of this paragraph, on the outcomes as specified in
subparagraph (C) of the programs funded pursuant to this paragraph
and the statewide effectiveness of the comprehensive multiagency
juvenile justice plans.
   (c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District
receive moneys pursuant to paragraph (3) of subdivision (b), the
county, each city, and each district specified in this subdivision
shall appropriate those moneys in accordance with the following
procedures:
   (1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those services
specified in paragraphs (1) and (2) of subdivision (b), in the
unincorporated areas of the county, in response to written requests
submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to
meet those needs. The board shall, at a public hearing held at a time
determined by the board in each year that the Legislature
appropriates funds for purposes of this chapter, or within 30 days
after a request by a recipient agency for a hearing if the funds have
been received by the county from the state prior to that request,
consider and determine each submitted request within 60 days of
receipt, pursuant to the decision of a majority of a quorum present.
The board shall consider these written requests separate and apart
from the process applicable to proposed allocations of the county
general fund.
   (2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city. These written requests shall be acted upon by
the city council in the same manner as specified in paragraph (1)
for county appropriations.
   (3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund frontline municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district. These written requests shall be acted upon by the
legislative body in the same manner specified in paragraph (1) for
county appropriations.
   (d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
   (e) Effective April 1, 2009, the programs authorized by this
chapter shall be funded from the Local Safety and Protection Account
in the Transportation Fund authorized by Section 10752.2 of the
Revenue and Taxation Code. Of the amount deposited in the Local
Safety and Protection Account in the 2008-09 fiscal year, the
Controller shall allocate 23.65 percent for purposes of paragraphs
(1), (2), and (3) of subdivision (b), and shall allocate 23.65
percent for purposes of paragraph (4) of subdivision (b). These
amounts shall be allocated in two installments, one on April 1, 2009
and one on July 1, 2009.
   (f) In the 2009-10 fiscal year, and every fiscal year thereafter,
the Controller shall allocate 21.30 percent of the amount deposited
in the Local Safety and Protection Account for purposes of paragraphs
(1), (2), and (3) of subdivision (b), and shall allocate 21.30
percent for purposes of paragraph (4) of subdivision (b).
   (g) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as annually calculated
by the Director of Finance. The Controller shall allocate the amount
appropriated for purposes of this chapter in the 2008 Budget Act in
three installments, to be paid in September, December, and March. In
the 2009-10 fiscal year, and each fiscal year thereafter, the
Controller shall allocate funds authorized for purposes of this
chapter on a quarterly basis, beginning October 1.
   (h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met this
requirement shall remit unspent SLESF moneys received prior to April
1, 2009, to the Controller for deposit into the General Fund. A local
agency that has not met the requirement of this subdivision shall
remit unspent SLESF moneys received after April 1, 2009, to the
Controller for deposit in the Local Safety and Protection Account.
   (i) If a county, a city, a city and county, or a qualifying
special district does not comply with the requirements of this
chapter to receive an SLESF allocation, the Controller shall revert
funds that were provided for the noncompliant entity prior to April
1, 2009, to the General Fund. Funds provided for the noncompliant
entity after March 1, 2009, shall be reverted to the Local Safety and
Protection Account.

30062.  (a) Except as required by paragraphs (1), (2), and (4) of
subdivision (b) of Section 30061, moneys allocated from a
Supplemental Law Enforcement Services Fund (SLESF) to a recipient
entity shall be expended exclusively to provide front line law
enforcement services. These moneys shall supplement existing
services, and shall not be used to supplant any existing funding for
law enforcement services provided by that entity. Moneys allocated
pursuant to paragraph (4) of subdivision (b) of Section 30061 shall
be used to supplement and not supplant funding by local agencies for
existing services.
   (b) In the Counties of Los Angeles, Orange, and San Diego only,
the district attorney may, in consultation with city attorneys in the
county, determine a prorated share of the moneys received by the
district attorney pursuant to this section to be allocated to city
attorneys in the county in each fiscal year to fund the prosecution
by those city attorneys of misdemeanor violations of state law.
   (c) In no event shall any moneys allocated from the county's SLESF
be expended by a recipient agency to fund any of the following:
   (1) Administrative overhead costs in excess of 0.5 percent of a
recipient entity's SLESF allocation for that year.
   (2) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (3) of subdivision
(b) of Section 30061 that does not directly support front line law
enforcement services.
   (3) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (4) of subdivision
(b) of Section 30061.
   (d) For purposes of subdivision (c), both of the following shall
apply:
   (1) A "recipient agency" or "recipient entity" is that entity that
actually incurs the expenditures of SLESF funds allocated pursuant
to paragraph (1), (2), (3), or (4) of subdivision (b) of Section
30061.
   (2) Administrative overhead costs shall only be charged by the
recipient entity, as defined in paragraph (1), up to 0.5 percent of
its SLESF allocation.
   (e) For purposes of this chapter, "front line law enforcement
services" and "front line municipal police services" each include
antigang, community crime prevention, and juvenile justice programs.

30063.  (a) The Supplemental Law Enforcement Services Fund (SLESF)
in each county or city is to be expended exclusively as required by
this chapter. Moneys in that fund shall not be transferred to, or
intermingled with, the moneys in any other fund in the county or city
treasury, except that moneys may be transferred from the SLESF to
the county's or city's general fund to the extent necessary to
facilitate the appropriation and expenditure of those transferred
moneys in the manner required by this chapter.
   (b) Moneys in an SLESF may only be invested in safe and
conservative investments in accordance with those standards of
prudent investment applicable to the investment of trust moneys. The
treasurer of the county and each city shall provide a monthly SLESF
investment report to either the police chief or the county sheriff
and district attorney, as applicable.
   (c) Each year, at least 30 days prior to the date of the duly
noticed public hearing required pursuant to paragraph (1) of
subdivision (c) of Section 30061, the county auditor and city
treasurer shall detail and summarize allocations from the county's or
city's SLESF, as applicable, in a written, public report filed with
the Supplemental Law Enforcement Oversight Committee (SLEOC), the
county board of supervisors, or the city council, as applicable, for
the entirety of the immediately preceding fiscal year, and the county
sheriff or police chief, as applicable.
   (d) A summary of the annual reports required in subdivision (c)
shall be submitted in a standardized format to be developed by the
Controller, in conjunction with the California District Attorney's
Association, California Police Chief's Association, California State
Sheriff's Association, California Peace Officer's Association,
California County Auditor's Association, and California Municipal
Treasurer's Association, by each SLEOC to the Controller on or before
October 15, 2001, and each year thereafter. The Controller shall
make a copy of the summarized reports available to the Governor, the
Legislature, and the Legislative Analyst's Office.
   (e) A county, a city, or a city and county that fails to submit
the data required pursuant to subdivision (d) of this section or to
report as required pursuant to clause (i) of subparagraph (E) of
paragraph (4) of subdivision (b) of Section 30061 shall not continue
to expend funds allocated pursuant to subdivision (b) of Section
30061 or interest earned pursuant to subdivision (b) of this section
until that data and that report are submitted as required by this
chapter.
   (f) Notwithstanding subdivision (e), if the SLEOC fails to
transmit the data to the Controller required pursuant to subdivision
(d), the local law enforcement agency may submit its expenditure data
directly to the Controller no later than 15 days after the date
specified in subdivision (d). If the local law enforcement agency has
complied with other requirements in this chapter, it may continue to
expend funds allocated and interest earned pursuant to this chapter.

30064.  (a) There is in each county a Supplemental Law Enforcement
Oversight Committee (SLEOC), consisting of five members as follows:
   (1) One municipal police chief.
   (2) The county sheriff.
   (3) The district attorney.
   (4) The county's executive officer.
   (5) One city manager.
   (b) (1) The cities in each county shall organize as a city
selection committee for the purposes of appointing a city manager and
a municipal police chief to the SLEOC. Each appointment shall be
made by not less than a majority of all the cities in the county
having not less than a majority of the population of all the cities
in the county. For purposes of this paragraph, population figures
shall be determined on the basis of the most recent census data
developed by the Department of Finance.
   (2) The SLEOC shall determine whether recipient entities have
expended moneys received from the Supplemental Law Enforcement
Services Fund (SLESF) in compliance with this chapter. For this
purpose, the SLEOC shall at least annually review the expenditure of
SLESF funds by city police departments, the county sheriff, and the
district attorney, and shall make its annual review report available
to the public.

30065.  In no event shall this chapter be construed to affect in any
manner the public safety service allocations required by Chapter 6.5
(commencing with Section 30051).