BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair A
2005-2006 Regular Session B
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AB 2917 (Liu) 7
As Amended May 26, 2006
Hearing date: June 20, 2006
Penal Code
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FEMALE PRISON INMATES:
GENDER SPECIFIC PROGRAMS
HISTORY
Source: Author
Prior Legislation: 491 (Brulte and Vasconcellos) - Ch. 500,
Stats. 1998
AB 310 (Goldberg) - Ch. 310, Stats. 2002
Support: Mental Health Association in California; The Women's
Foundation of California; Time for Change Foundation;
Mission Economic Development Agency; Families of
Incarcerated Loved Ones; Women and Criminal Justice;
Get on the Bus; California Public Defenders
Association; California Catholic Conference of Bishops
Opposition:None known
Assembly Floor Vote: Ayes 49 - Noes 31
KEY ISSUES
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SHOULD THE GENDER RESPONSIVE STRATEGIES COMMISSION ("GRSC") BE
ESTABLISHED BY STATUTE FOR THE PURPOSE OF EVALUATING THE
CONDITIONS OF FEMALE PRISON INMATES AND TO MAKE RECOMMENDATIONS
FOR THE DEVELOPMENT OF STRATEGIES FOR WOMEN INMATES?
(CONTINUED)
SHOULD THE GRSC BE COMPOSED OF 10 MEMBERS WHO HAVE EXPERIENCE AND
EXPERTISE IN ISSUES AFFECTING WOMEN INMATES, WITH SIX MEMBERS
APPOINTED BY THE GOVERNOR AND TWO EACH APPOINTED BY THE SPEAKER OF
THE ASSEMBLY AND PRESIDENT PRO TEMPORE OF THE SENATE?
SHOULD, AND WILL, THE GRSC ESTABLISHED BY THIS BILL REPLACE THE GRSC
THAT THE DEPARTMENT OF CORRECTIONS AND REHABILITATION HAS
ESTABLISHED?
PURPOSE
The purpose of this bill is to establish a Gender Responsive
Strategies Commission (GRSC) that will evaluate the conditions
of female offenders in the California correctional system and
make recommendations to assist the California Department of
Corrections and Rehabilitation (CDCR) in developing gender
responsive strategies for women in prison.
Existing law authorizes the CDCR Director to establish and
operate facilities to be known as "community correctional
center." The Director may enter into a long-term agreement, not
to exceed 20 years, for transfer of prisoners to, or placement
of prisoners in, community correctional centers. (Pen. Code
6250, subd. (a).)
Existing law authorizes the CDCR Director to contract for the
establishment and operation of community correctional facilities
for the treatment of addiction to alcohol or controlled
substances based on the therapeutic community model only if the
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cost per inmate for operating the facilities will be less than
the cost per inmate of operating similar state facilities.
(Pen. Code
6250.5, subd. (a).)
Existing law directs the CDCR to establish three pilot programs
for intensive training and counseling programs for female
parolees to assist in the successful reintegration into the
community upon release from custody following in-prison
therapeutic community drug treatment. (Pen. Code 3054, subd.
(a)(1).)
Existing law provides that the services offered in the above
pilot programs may include, but shall not be limited to, drug
and alcohol abuse treatment, cognitive skills development,
education, life skills, job skills, victim impact awareness,
anger management, family reunification, counseling, vocational
training and support, residential care, and placement in
affordable housing and employment opportunities. (Pen. Code
3054, subd. (b)(1).)
Existing law provides that CDCR shall operate the Preventing
Parolee Crime Program with various components including, at a
minimum, residential and non-residential multi-service centers,
literacy laboratories, drug treatment networks and job placement
assistance for parolees. (Pen. Code 3068, subd. (a).)
This bill establishes a Gender Responsive Strategies Commission
(GRSC) that will evaluate the conditions of female offenders in
the California correctional system. The GRSC will make
recommendations to assist the California Department of
Corrections and Rehabilitation (CDCR) in developing gender
responsive strategies for women in prison.
This bill provides that GRSC shall consider, but not be limited
to, the following subjects and issues:
Pregnant women
Mothers of dependent and minor children
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Women who have been victims of crime themselves
Women requiring substance abuse treatment, mental health
services, and access to adequate medical and dental care
Poor nutritional habits and lifestyles, and lack of
daily physical exercise
Women who committed crimes in self-defense against a
domestic abuser
Elderly women prisoners
Women who possess few or no employment skills, or who do
not have a high school diploma or GED
Women who do not receive regular visits or have strong
family support while in prison
Women who have self-worth and esteem issues, including
those whose issues stem from being survivors of domestic
violence
Women who have developmental disabilities or learning
disabilities.
This bill requires the GRSC to be established and fully
operational no later than January 1, 2008. The GRSC shall
annually submit its findings and recommendations to the
Secretary of CDCR, who shall report the findings and
recommendations to the Legislature.
This bill requires the GRSC to meet once every two months and
authorizes the GRSC to create subcommittees as appropriate. All
meetings shall be open to the public and the first meeting shall
be held no later than March 1, 2008.
This bill states that the GRSC shall be comprised of 10 standing
members, and shall encourage participation from a variety of
stakeholders, including advocates for incarcerated women,
families of incarcerated women, ex-offenders, and others. The
GRSC shall be chaired by the Associate Director of Women's
Services of the CDCR.
This bill states that the GRSC shall be comprised of the
following representatives or their designees:
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The Governor shall have six appointees: two of which shall be
members of CDCR, two of which shall be nationally recognized
experts on gender responsive issues in corrections, one of
which shall be the Director of the Department of Mental Health
or his or her designee, and one of which shall be the Director
to the Department of Health Services or his or her designee.
The Senate pro Tempore shall have two appointees: one of which
shall be a female Senator who has taken a leadership role in
prison reform issues and one of which shall be a female
ex-offender representing a prison reform organization or an
advocate from an organization supporting family members of
women incarcerated under CDCR's jurisdiction.
The Speaker of the Assembly shall have two appointees: one of
which shall be a female Assembly member who has taken a
leadership role in prison reform issues and one of which shall
be a female ex-offender representing a prison reform
organization or an advocate from an organization supporting
family members of women incarcerated under CDCR's
jurisdiction.
This bill states that commissioners shall be appointed to a
four-year term, may be appointed to an additional four-year
term, and will be allowed travel per diem at a rate designated
by the state.
This bill makes numerous findings and declarations regarding
women in California correctional facilities, including:
More women prisoners have been victims of violent crime than
have committed violent crimes.
In 2005, more than 2/3 female inmates were serving sentences
for property crimes (35.3 %), drug (29.9%), or other
nonviolent offenses (4.7%). These women are not a threat to
public safety.
Women inmates are more likely than male inmates to be
unemployed and uneducated, suffer from mental illness and
other health problems, and be severely addicted to drugs. In
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particular, about 80% of women in prison have drug abuse
problems.
About 1/2 of women inmates had been using alcohol or drugs, or
both, at the time they committed the crimes for which they
were committed to prison.
Women inmates are much more likely than male inmates to be the
primary caregivers of young children.
The prison system fails to adequately consider the unique
characteristics and needs of women inmates. The state has
only made minimal efforts in this regard.
Correctional facilities are designed for the management of
male prisoners.
Gender differences "must be considered in planning" women's
correctional facilities.
Mega-prisons - designed to house and manage violent offenders
- are not effective for the majority of female inmates.
The state has taken a few steps to develop community-based
facilities that provide gender-specific services needed by
women offenders.
Nonviolent offenders housed in community-based facilities that
are nearer to children and community transition services are
much more likely to succeed in society than others.
COMMENTS
1. Need for This Bill
According to the author:
Research on women's pathways into crime demonstrates
that gender plays an important role shaping patterns
of criminal activity. Research also indicates that
there are distinguishing aspects between men and women
offenders. They come into the criminal justice system
via different pathways; respond to supervision and
custody differently; exhibit differences in terms of
substance abuse, trauma, mental illness, parenting
responsibilities, and employment histories. They also
represent different levels of risk within both the
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institution and the community.
Because women make up only 7% of California's prison
population, gender-responsive strategies have been
historically de-emphasized. The CDCR recognized the
critical need for a system that recognizes that
behavioral and social differences between men and
women offenders have specific implications for gender
responsive policy and practice. In 2005, they created
the Gender Responsive Strategies Commission (GRSC) to
focus on new policies and practices for women
offenders. AB 2917 will make this commission
permanent, ensuring a lasting focus on strategies
designed to improve the lives of female offenders and
their families.
2. Existing Gender Responsive Strategies Commission and other
CDCR Programs and Strategies for Female Inmates
Last year, CDCR created the "Gender Responsive Strategies
Commission." The advisory work of the Commission is an
important element and part of building the foundation for CDCR's
reform plan for providing a safe and productive institutional
environment for female offenders.
CDCR has published numerous documents concerning programming for
women offenders. Excerpts from a summary of CDCR strategies and
plans follow:
CDCR has embarked on an unprecedented female offender
reform effort that recognizes the importance of
developing gender-responsive strategies to
specifically address the specific needs related to
female offenders. The reform emphasis will be placed
on policies, programs, and procedures that foster
personal growth, accountability, self-reliance,
education, life skills, workplace skills, and the
maintenance of family and community relationships for
female offender's successful rehabilitation and
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reintegration into society thereby reducing
recidivism. [CDCR has adopted] a specific ? mission
for female offenders, establishment of the Female
Offender and Program Services Mission and the creation
of the Gender Responsive Strategies Commission (GRSC).
This ? will ? strengthen female offender family bonds
and support systems, breaking the cycle of
intergenerational incarceration and improving ? parole
by continuing relationships established with providers
in the community.
CDCR ? has adopted the recommendations of the Little
Hoover Commission (LHC) and the six ? principles ? in
the National Institute of Corrections report,
Gender-responsive Strategies; [1] acknowledge that
gender makes a difference; [2] create an environment
based on safety, respect, and dignity; [3] develop
policies, practices and programs that are relational
and promote healthy connections to children, family,
significant others, and the community; [4] address
substance abuse, trauma and mental health issues
through comprehensive, integrated, culturally relevant
services and appropriate supervision; [5] provide
women with opportunities to improve their
socioeconomic conditions; [6] establish a system of
community supervision and reentry with comprehensive,
collaborative services.
CDCR states that it achieved the following:
? Establishment of the Gender Responsive Strategies
Commission (GRSC) as an advisory committee to assess and
make recommendations on proposed strategies, policies,
and plans specific to female offenders. The Commission
is comprised of representatives of community, state,
local, legislative and labor organizations; formerly
incarcerated advocates; staff representing the various
disciplines within the Department and nationally
recognized researchers in the field of female
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incarceration.
? Reorganization to a mission-based structure with
consolidation of all female operations, including camps
and female community correctional facilities, under one
Associate Director. This reorganization provides focused
leadership [in] ? women offender ? programs.
? Enlisting the services of ? experts ? to [help]
design correctional policies ?that reflect gender
distinctions ? while maintaining safety and security. ?
CDCR [has contracted to] develop gender-appropriate
substance abuse treatment and trauma programs.
? Train ?wardens [and executives] leadership
[concerning] management of female offenders. Authorize
[additional staff training].
? Revision of regulations and established
evidence-based, gender-appropriate pat search practices
(eliminated body searches of clothed female inmates by
male staff). This was based on studies conducted by the
Bureau of Justice which found that more than 57 percent
of incarcerated women have been sexually or physically
abused at some time in their lives, and on case law that
established that body searches of previously-victimized
female offenders by male staff contribute to
re-traumatization.
This bill would statutorily require establishment of a Gender
Responsive Strategies Commission (GRSC). It appears that the
GRSC created by this bill would likely replace the existing GRSC
established by CDCR. The members of the GRSC created by this
bill would be composed of members appointed by the Governor, the
Speaker of the Assembly and the President Pro Tempore of the
Senate. The existing GRSC members are appointed by CDCR
management.
WILL THE GENDER RESPONSIVE STRATEGIES COMMISSION (GRSC) CREATED
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BY THIS BILL REPLACE THE EXISTING GRSC THAT HAS BEEN ESTABLISHED
BY CDCR?
SHOULD THE EXISTING GRSC BE REPLACED BY THE COMMISSION CREATED
BY THIS BILL?
3. Gender Responsive Rehabilitative Programming
Research has shown that women and girl offenders are less likely
to be managed effectively in systems based on male behavior.
By institutionalizing these women without gender responsive
treatment, their problems are not addressed and their options
for change are diminished. In Fiscal Year 2005-06, CDCR
proposes to begin design of a gender responsive substance abuse
and trauma treatment program for women and girl offenders using
a consultant contract. (See, Comment #3.) The consultant will
review existing substance abuse programs and identify changes
needed to convert existing programs to be gender responsive and
address trauma issues.
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Additionally, the CDCR will begin the development of a gender
responsive individual treatment and rehabilitative plan (ITRP)
for women offenders based on a valid and systematic assessment
of the offender's risks, strengths and needs. The ITRP is
designed to improve re-entry outcomes for the female offender.
(See, Comment #3.)
4. Gender Specific Education
The Office of Correctional Education (OCE) Master Plan is a
strategy that calls for the development of gender-focused
education to address women's issues for incarcerated females.
Based on this objective, the OCE has developed the content for
several programs that address women's issues, but does not have
the funding to provide the necessary materials for initial
implementation of the first phase of gender specific programs.
The programs are designed to address gender specific issues and
provide inmates with tools to:
Identify activities and behaviors that will improve their
physical and emotional health and the health of their
families, particularly their children.
Improve social and life skills to increase their chances of
successfully obtaining and keeping viable employment,
promoting self-sufficiency.
Analyze and improve their parenting skills and techniques with
special attention being given to single parenting.
Realize the importance of family, literacy, and developing
positive and proactive attitudes and behaviors toward their
own and their children's education.
Learn proven, transferable anger and stress management
techniques.
Recognize the characteristics of both healthy and toxic
relationships and formulate a personal plan for staying out of
abusive relationships and fostering positive ones.
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5. Female Offender Housing and Rehabilitation
The goal of this component is to design and implement
evidence-based, gender-specific rehabilitative programs and
housing strategies that will reduce female offender recidivism,
lower associated future costs and break the intergenerational
cycle of incarceration and offense.
This proposal comprises the framework for a coordinated
departmental approach to manage, supervise and treat female
offenders within institutional and community environments.
Gender-responsive classification, policies, programs and
practices will expand community assessments and placements,
focus on re-entry planning and services; address female
offender's medical and mental health, substance abuse, and
trauma treatment needs; and will improve public safety and
female offender reintegration. To successfully implement this
transition, the CDCR, through the Female Offender Program and
Services Office, will work collaboratively and cooperatively
with legislative and nationally recognized experts, the local
community, treatment providers, previously incarcerated
individuals, labor and other partners. This collaboration will
result in an enhanced network of services and partnerships that
will expand options for community assessments and placements
(camps, drug treatment facilities, community assessment centers,
community correctional facilities, mother and infant facilities,
etc.) and provide for continuity of community-based services
initiated while incarcerated through parole and thereafter.
The CDCR, with expert assistance, will design and manage an
evidence-based system of community beds for low-risk female
offenders. After implementation, the CDCR will evaluate the
results of these initiatives and strategies to determine their
applicability to appropriate segments of the male population.
6. Related Bill - AB 2066 (Lieber) - "Female Offender Reform
Master Plan"
AB 2066 (Lieber) also addresses issues concerning female
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inmates. AB 2066 creates a "Female Offender Reform Master
Plan." The plan would implement a program of gender specific
programs for women in CDCR facilities, implement community-based
housing, substance abuse and trauma treatment, transitional
programming, social services and family reunification. A major
goal of the plan is to reduce recidivism. AB 2066 is set to be
heard in this Committee on June 27, 2006. CDCR has described AB
2066 thus:
AB 2066 will codify into law the Reform Strategies that
are included in the Governor's FY 2006/07 proposed budget
and ensure the reform strategy that has been developed in
conjunction with national experts is implemented.
The funding associated with AB 2066 is included in the
Governor's proposed budget for FY 2006/07. Funding amounts
by fiscal year are: 2006/07 $7.869 million; 2007/08 $6.009
million; and FY 2008/09 $5.621 million.
Contracting authority for the 4500 proposed Female
Community Correctional Facility beds is also included in
the bill. The actual budget authority for the contract
beds would not be needed until FY 2007/08.
It is critical that departmental policies, programs,
treatment and operational policies be improved related to
gender responsiveness to ensure that the skyrocketing
female offender populations receives the necessary services
to improve female offender outcomes which will also enhance
public safety, support family reunification and help break
the intergenerational cycle of incarceration.
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