Dave Cox Senate Report: September 2006

Prison Reform Fails Local Communities

California’s correctional institutions are in crisis. They are overcrowded, understaffed and under the threat of receivership by federal judges. Governor Schwarzenegger called a special session of the Legislature to consider reforms and expansion of correctional facilities in California. Both the Governor and Senate Democrats advanced proposals that were introduced as special session bills. The Legislature killed the Governor’s bills and offered its own instead. I voted against most of the watered-down prison reform legislation that was proposed by the majority party in the Legislature.

The two most significant proposals lacked mitigation measures for the impacts that prison expansions impose on local communities that house state prisons. No one can deny the impacts that prisons impose on small communities such as Ione in Amador County, or Susanville in Lassen County. In addition, the impacts on Folsom and Sacramento County are also substantial. But the bills I was asked to vote on contained nothing to resolve the issues of increased demand on roads, water treatment systems, law enforcement, or public social services that prisons create.

I offered amendments in committee and on the floor to require the Department of Corrections to include mitigation for the impacts of the prison expansions and to timely reimburse local governments in full for services provided to the prisons by local governments and local vendors. These amendments were defeated on party line votes, but I remain committed to the principle that the Department of Corrections must work with the community to compensate for the impacts.

Here is a summary of the five bills considered by the Senate on August 30th, and how I voted on each of them:

SB 8xx (Bowen) Establishes an advisory committee to the Department of Corrections and Rehabilitation (CDCR) to assist in the development and implementation of integrated information technology systems for the CDCR. Passed 38-0. I supported this bill.

SB 9xx (Speier) Allows the CDCR to enter into contracts for up to 4,500 beds for female inmates in community facilities under specified conditions. Passed 21-16. All Republican Senators opposed this bill.

SB 10xx (Machado) Urgency measure that appropriates $311,731,000 from the General Fund and authorizes the issuance of $606,350,000 in Lease Revenue Bonds for construction of housing units at existing prisons and planning for future capacity expansions at other existing prisons and for new mental health and long-term care prisons. Authorizes the CDCR to begin the planning process for reentry facilities designed to provide programming for inmates prior to release and also parole violators. It requires the Office of Planning and Research to conduct a review of alternatives to incarceration that could reduce the number of prison beds over the next ten years. The bill passed 27-11. Because it did not contain my amendment for mitigation of impacts on the community, I opposed this bill.

SB 11xx (Machado, Runner) Urgency measure that appropriates $25 million to the CDCR to establish the Adult Offender Reentry Accountability Challenge Grant Program. Passed 33-6. I supported this bill.

SB 12xx (Machado) Allows the Secretary of the CDCR to enter into contracts with other state governments to house inmates out-of-state by expanding existing law that allows for contracting with the federal government for the housing of state inmates. The bill only applies to inmates who consent to transfer. I would have rather seen provisions allowing the transfer of inmates without their consent. The bill passed 21-16. I opposed this bill.

The Assembly failed to act on these measures prior to the conclusion of the regular session on August 31, 2006.

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In Search Of Fiscal Responsibility

In regard to state fiscal policy, I have always said it is better to solve the problem of a structural budget deficit (spending more than you take in) when your revenues are increasing rather than when your revenues are in decline.

The Legislature has just received another report by a respected organization that makes the same recommendation. The New California Network, a nonpartisan organization headed by current and retired California corporate executives, has released a report written by J. Fred Silva, a former State Senate budget advisor who was the Executive Director of the last California Constitution Revision Commission. His report comes to the following conclusion:

“While revenues to the State of California are currently healthy, the State’s fiscal circumstances remain perilous. In particular, the State will have great difficulty sustaining its priority programs if reforms are not made in advance of the next downturn in the economy. While policymakers are usually focused on immediate problems rather than those of the future, launching budget reforms during good economic times provides far more choices than during a crisis.”

The New California Network has five public policy principles on which we can reach agreement:

• State leaders need to set priorities and live within the state’s means.
• Public dollars need to be better managed.
• State and local governments need to work together.
• We need to build and protect California.
• California needs a 21st century tax system for a 21st century economy.

The question is: How do we reach these goals? My solution is that we spend more time on these key questions and less time passing legislation that imposes more requirements on schools and businesses in our state. The effort in June of this year to place infrastructure bonds on the ballot, although not completely to my liking, is an example of how on occasion the Legislature can focus on an important objective.

To read more about the New California Network and the Silva Report, go to:
http://ga1.org/newcalnet/index.html

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Redistricting Reform: Maybe Someday

The Legislature made a valiant effort this session to place a redistricting reform measure on the ballot in 2006 or 2008. I voted to support a Constitutional Amendment (SCA 3 – Lowenthal) to remove the responsibility for drawing the lines of California’s Congressional, State Senate, Assembly, and Board of Equalization districts from the Legislature and give it to an independent Redistricting Commission.

Legislators have a conflict of interest when they draw their own district lines every ten years following each U.S. Census. I have always supported taking this authority away from the Legislature. I am afraid, however, that the Legislature failed to live up to its promise as a deliberative body in failing to pass SCA 3 through both houses by the August 31st deadline.

The failure of the Legislature to properly consider this measure will only feed the cynicism our citizens feel for the institution. It appeared from the beginning that the leaders of both houses intended for SCA 3 to be moved to the end of the session, when hundreds of other measures were under consideration. Worse, lurking behind the consideration of this bill to place redistricting reform on the ballot were the demands of some legislators to place an additional measure on the ballot to allow members to revise California’s current term limits law. Of course, this is a poison pill with the voters, who are very much in favor of keeping the term limits enacted by initiative in 1990.

The end result was that there will not be a measure on the ballot in November to remove redistricting from the Legislature. This is unfortunate, because we will have to start the process all over again next year, with at least 40 freshman legislators newly elected and looking to extend their service and maintain their party control in the new legislative session. It is very unfortunate that we were unable to accomplish the objective of comprehensive redistricting reform.

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PUC Unveils CalPhoneInfo.com

The California Public Utilities Commission (PUC) has started the first phase of their Consumer Education Initiative, which is designed to help consumers deal with problems they encounter with their phone services and to prevent becoming the victim of fraud.

The most prominent element of the launch of this service is the new website established by the PUC. Called CalPhoneInfo, the website features information on how to understand wireless and landline phone bills, how to prevent fraudulent changes in your long-distance phone service (slamming and cramming), and tips on how to decide on various wireless phone services or prepaid phone cards.

As part of the Consumer Protection Initiative, the PUC has also created the Telecommunications Consumer Fraud Unit, which will assist consumers with their complaints about telecommunications services. Consumers who believe they are victims of fraud may report their claims to the PUC at 1-800-649-7570.

The CalPhoneInfo website can be accessed at: www.calphoneinfo.com.

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United States Senate Youth Program

The William Randolph Hearst Foundation is sponsoring the United States Senate Youth Program, where high schools are invited to nominate up to two outstanding High School seniors as candidates to this intensive study program as guests of the United States Senate in Washington, D.C. from March 3-10, 2007.

Two high school students will be selected as delegates from California from all of the nominees made by high school principals from California. They will receive an all- expenses-paid trip to Washington and a $5,000 scholarship.

The California Department of Education is coordinating the applications for the Foundation, and principals can obtain information and application materials at the Department’s website at http://www.cde.ca.gov/eo/ce/us/index.asp.

Applications are due by October 2, 2006.

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Quotes Of The Week

“I contend that that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle.”
- Winston Churchill

“A government which robs Peter to pay Paul can always depend on the support of Paul.”
- George Bernard Shaw

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