Report 2020-102 Recommendation 11 Responses

Report 2020-102: Public Safety Realignment: Weak State and County Oversight Does Not Ensure That Funds Are Spent Effectively (Release Date: March 2021)

Recommendation #11 To: Los Angeles County

Unless the Legislature clarifies its intent otherwise, to ensure that the counties prudently and appropriately spend realignment funds, the Partnership Committee at Los Angeles should, starting with its next annual budget, review and make budget recommendations to its board of supervisors for all realignment accounts, including the accounts that fund non-law enforcement departments and community-based organizations. Further, Los Angeles should ensure that it budgets all realignment funds to eliminate excessive surpluses in realignment accounts and prevent future surpluses beyond a reasonable reserve.

Annual Follow-Up Agency Response From October 2023

The County disagrees with the finding that the Community Corrections Partnership Committee should review and make budget recommendations to the Board of Supervisors (Board) for all realignment accounts, including the accounts that fund non law enforcement departments and community-based organizations.

Consistent with State law (Government Code section 29062), budget recommendations are submitted to the Board by the County Chief Executive Officer. The County Chief Executive Office takes a global and holistic approach when making all budget recommendations including those involving realignment revenues. The Chief Executive Office budget recommendations are informed by input and feedback from the Community Corrections Partnership, County departments, public testimony, and Board policy and direction.

On October 3, 2023, the Board approved supplemental changes to the County's annual budget. As in prior phases of developing the County's annual budget, the Board considered all funding sources available to be used to further its "Care First, Jails Last" priorities when making these supplemental changes, including realignment account surpluses.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement

Los Angeles has not provided any additional documentation to demonstrate that its Partnership Committee reviewed or made budget recommendations to its board of supervisors for all realignment accounts. Upon review of Los Angeles's AB 109 implementation plan it submitted with its 6-month response, we found that Los Angeles continues to limit its oversight responsibilities to only certain aspects of pubic safety realignment, similar to those we describe in the report. However, as we state in the report on page 33 and 34, the California Constitution defines realignment legislation as legislation enacted on or before September 30, 2012, related to implementing the state budget plan and assigning responsibilities for public safety services, including various social services, such as preventing child abuse, servicing at-risk children, providing adoption services, providing mental health services, and providing recovery services for substance abuse to local agencies through 10 different public safety accounts. Nothing we reviewed in state law or legislative history suggests that the public safety realignment plans prepared by Partnership Committees were limited to activities funded through the Community Corrections account. As such, Los Angeles's Public Safety Realignment Team should include activities from all 10 public safety realignment accounts in its oversight responsibilities.

Annual Follow-Up Agency Response From November 2022

The County disagrees with the finding that the Community Corrections Partnership Committee should review and make budget recommendations to the Board of Supervisors (Board) for all realignment accounts, including the accounts that fund non law enforcement departments and community-based organizations.

Consistent with State law (Government Code section 29062), budget recommendations are submitted to the Board by the County Chief Executive Officer. The County Chief Executive Office takes a global and holistic approach when making all budget recommendations including those involving realignment revenues. The Chief Executive Office budget recommendations are informed by input and feedback from the Community Corrections Partnership, County departments, public testimony, and Board policy and direction.

On October 5, 2021, the Board approved supplemental changes to the County's annual budget. As in prior phases of developing the County's annual budget, the Board considered all funding sources available to be used to further its "Care First, Jails Last" priorities when making these supplemental changes, including realignment account surpluses. Using the same budgeting principles, the County presented its Fiscal Year 2022-23 Recommended budget to the Board on April 19, 2022.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement

Los Angeles has not provided any additional documentation to demonstrate that its Partnership Committee reviewed or made budget recommendations to its board of supervisors for all realignment accounts. Upon review of Los Angeles's AB 109 implementation plan it submitted with its previous responses, we found that Los Angeles continues to limit its oversight responsibilities to only certain aspects of pubic safety realignment, similar to those we describe in the report. However, as we state in the report on pages 33 and 34, the California Constitution defines realignment legislation as legislation enacted on or before September 30, 2012, related to implementing the state budget plan and assigning responsibilities for public safety services, including various social services, such as preventing child abuse, serving at-risk children, providing adoption services, providing mental health services, and providing recovery services for substance abuse to local agencies through 10 different public safety accounts. Nothing we reviewed in state law or legislative history suggests that the public safety realignment plans prepared by Partnership Committees were limited to activities funded through the Community Corrections account. As such, Los Angeles's Public Safety Realignment Team should include activities from all 10 public safety realignment accounts in its oversight responsibilities.

1-Year Agency Response

The County disagrees with the finding that the Community Corrections Partnership Committee should review and make budget recommendations to the Board of Supervisors (Board) for all realignment accounts, including the accounts that fund non law enforcement departments and community-based organizations.

Consistent with State law (Government Code section 29062), budget recommendations are submitted to the Board by the County Chief Executive Officer. The County Chief Executive Office takes a global and holistic approach when making all budget recommendations including those involving realignment revenues. The Chief Executive Office budget recommendations are informed by input and feedback from the Community Corrections Partnership, County departments, public testimony, and Board policy and direction.

On October 5, 2021, the Board approved supplemental changes to the County's annual budget. As in prior phases of developing the County's annual budget, the Board considered all funding sources available to be used to further its "Care First, Jails Last" priorities when making these supplemental changes, including realignment account surpluses. Using the same budgeting principles, the County prepared its FY 2022-23 Recommended budget, which was approved by the Board of Supervisors on April 19, 2022.

California State Auditor's Assessment of 1-Year Status: Will Not Implement

Los Angeles has not provided any additional documentation to demonstrate that its Partnership Committee reviewed or made budget recommendations to its board of supervisors for all realignment accounts. Upon review of Los Angeles's AB 109 implementation plan it submitted with its 6-month response, we found that Los Angeles continues to limit its oversight responsibilities to only certain aspects of pubic safety realignment, similar to those we describe in the report. However, as we state in the report on page 33 and 34, the California Constitution defines realignment legislation as legislation enacted on or before September 30, 2012, related to implementing the state budget plan and assigning responsibilities for public safety services, including various social services, such as preventing child abuse, servicing at-risk children, providing adoption services, providing mental health services, and providing recovery services for substance abuse to local agencies through 10 different public safety accounts. Nothing we reviewed in state law or legislative history suggests that the public safety realignment plans prepared by Partnership Committees were limited to activities funded through the Community Corrections account. As such, Los Angeles's Public Safety Realignment Team should include activities from all 10 public safety realignment accounts in its oversight responsibilities.

6-Month Agency Response

The County disagrees with the finding that the Community Corrections Partnership Committee should review and make budget recommendations to the Board of Supervisors for all realignment accounts, including the accounts that fund non-law enforcement departments and community-based organizations.

Consistent with State law (Government Code section 29062) budget recommendations are submitted to the Board of Supervisors by the County Chief Executive Officer (CEO). The County CEO takes a global and holistic approach when making all budget recommendation including those involving realignment revenues. The CEO's budget recommendations are informed by input and feedback from the Community Corrections Partnership, County departments, public testimony and Board policy and direction.

On October 5, 2021, the County Board of Supervisors approved supplemental changes to the County's annual budget. As in prior phases of developing the County's annual budget, the Board considered all funding sources available to be used to further its "Care First, Jails Last" priorities when making these supplemental changes, including realignment account surpluses.

California State Auditor's Assessment of 6-Month Status: Will Not Implement

Los Angeles has not provided any additional documentation to demonstrate that its Partnership Committee reviewed or made budget recommendations to its board of supervisors for all realignment accounts. Upon review of Los Angeles's AB 109 implementation plan it submitted with its 6-month response, we found that Los Angeles continues to limit its oversight responsibilities to only certain aspects of pubic safety realignment, similar to those we describe in the report. However, as we state in the report on page 33 and 34, the California Constitution defines realignment legislation as legislation enacted on or before September 30, 2012, related to implementing the state budget plan and assigning responsibilities for public safety services, including various social services, such as preventing child abuse, servicing at-risk children, providing adoption services, providing mental health services, and providing recovery services for substance abuse to local agencies through 10 different public safety accounts. Nothing we reviewed in state law or legislative history suggests that the public safety realignment plans prepared by Partnership Committees were limited to activities funded through the Community Corrections account. As such, Los Angeles's Public Safety Realignment Team should include activities from all 10 public safety realignment accounts in its oversight responsibilities.

60-Day Agency Response

LA County's Public Safety Realignment Team (PSRT) has worked through an intensive process to update LA County's AB 109 implementation plan. The plan has been submitted to the Board for review and can be provided to the BSCC following action by the Board.

California State Auditor's Assessment of 60-Day Status: Will Not Implement

Upon review of Los Angeles's AB 109 implementation plan, we found that Los Angeles continues to limit its oversight responsibilities to only certain aspects of pubic safety realignment, similar to those we describe in the report. However, as we state in the report on page 33 and 34, the California Constitution defines realignment legislation as legislation enacted on or before September 30, 2012, related to implementing the state budget plan and assigning responsibilities for public safety services, including various social services, such as preventing child abuse, servicing at-risk children, providing adoption services, providing mental health services, and providing recovery services for substance abuse to local agencies through 10 different public safety accounts. Nothing we reviewed in state law or legislative history suggests that the public safety realignment plans prepared by Partnership Committees were limited to activities funded through the Community Corrections account. As such, Los Angeles's Public Safety Realignment Team should include activities from all 10 public safety realignment accounts in its oversight responsibilities.

All Recommendations in 2020-102

Agency responses received are posted verbatim.