BILL ANALYSIS AB 1362 Page 1 Date of Hearing: April 14, 2009 Counsel: Nicole J. Hanson ASSEMBLY COMMITTEE ON PUBLIC SAFETY Jose Solorio, Chair AB 1362 (Solorio) - As Introduced: February 27, 2009 As Proposed to be Amended in Committee SUMMARY : Creates the California Rehabilitation Oversight Board (CROB) Advisory Committee. Specifically, this bill : 1)Establishes that there is in the Office of the Inspector General (OIG) the C-ROB Advisory Committee. The committee shall consist of nine members as follows: a) A clinical psychologist appointed by the Speaker of the Assembly. b) A social worker appointed by the Governor. c) Two correctional peace officers, one appointed by the Governor and one appointed by the Speaker of the Assembly. d) A chaplain appointed by the Governor. e) A rehabilitation therapist appointed by the Governor. f) A teacher appointed by the Governor. g) A warden appointed by the Senate President pro Tempore. h) A clinician with expertise in behavioral health who works with parolees, appointed by the Senate President pro Tempore. i) A psychiatrist appointed by the Governor. 2)Requires members of the CROB Advisory Committee to work directly with inmates in the California Department of Corrections and Rehabilitation (CDCR). The committee shall meet at least quarterly, and at least two committee meetings shall be scheduled in conjunction with CROB. The CROB AB 1362 Page 2 Advisory Committee shall provide assistance and advice on strategies for accomplishing the rehabilitation goals of the various mental health, substance abuse, educational, and employment programs for inmates and parolees operated by CDCR. EXISTING LAW : 1)Creates CROB. CROB shall consist of the 11 members as follows: a) The OIG, who shall serve as chair. b) The Secretary of the CDCR. c) The Superintendent of Public Instruction, or his or her designee. d) The Chancellor of the California Community Colleges, or his or her designee. e) The Director of the State Department of Alcohol and Drug Programs, or his or her designee. f) The Director of Mental Health, or his or her designee. g) A faculty member of the University of California who has expertise in rehabilitation of criminal offenders, appointed by the President of the University of California. h) A faculty member of the California State University, who has expertise in rehabilitation of criminal offenders, appointed by the Chancellor of the California State University. i) A county sheriff, appointed by the Governor. j) A county chief probation officer, appointed by the Senate Committee on Rules. aa) A local government official who provides mental health, substance abuse, or educational services to criminal offenders, appointed by the Speaker of the Assembly. (Penal Code Section 6140.) FISCAL EFFECT : Unknown AB 1362 Page 3 COMMENTS : 1)Author's Statement : According to the author, "Assembly Bill 900 (Solorio), the Public Safety and Offender Rehabilitation Services Act of 2007, created CROB. "At least twice per year, CROB submits reports to the Governor and the Legislature on its findings on the effectiveness of of rehabilitative programming throughout CDCR. However, expertise of some professionals directly involved in the new multidisciplinary approach of CDCR to reduce recivivism are currently not represented on the CROB Board, nor is their expertise solicited. "AB 1362 would establish a 10-member CROB Advisory Committee. The committee would be charged with providing CROB with assistance and advice on strategies for accomplishing the rehabilitation goals of CDCR. The committee would include a psychologist, clinical psychologist, a social worker, two correctional peace officers, a chaplain, a rehabilitation therapist, a teacher, a warden, and a clinician with expertise in behavioral health who works with parolees. Their services would be voluntary." 2)Background : According to information provided by the author, "AB 900 created C-ROB. CROB board members presently do not have an open channel of communication with a key resource. The expertise of some professionals directly involved in the new multidisciplinary approach of CDCR to reduce recivivism are currently not represented on the CROB Board, nor is their expertise solicited." 3)Argument in Support : a) According to the American Federation of State, County and Municipal Employees , "AB 1362 would establish the CROB Advisory Committee and charge it with providing assistance and advice on strategies for accomplishing the rehabilitation goals of the various mental health, substance abuse, educational, and employment programs for inmates and parolees operated by the CDCR. "CROB does not currently have a direct channel to essential information resources to ensure the effectiveness of AB 1362 Page 4 rehabilitation programs. Without consulting all professionals working with inmates and parolees, a holistic and effective approach to rehabilitation is impossible. "The proposed CROB Advisory Committee would include a psychologist, clinical psychologist, a social worker, two correctional peace officers, a chaplain, a rehabilitation therapist, a teacher, a warden, and a clinician with expertise in behavioral health. All members of the committee would be professionals who have experience working with parolees. Through information sharing and idea formation, this committee will be able to solve rehabilitation problems by coming to solutions that are consistent and effective. Instead of a compartmentalized approach to rehabilitation, a solid structural plan can be formed and implemented to ensure fair treatment of inmates and parolees. This will reduce different interpretations and implementations of current law and combine diverse solutions to solve complex issues. "With fewer obstacles impeding rehabilitation workers, the efficacy of the rehabilitation system will increase and inmates and parolees will be better served, reducing recidivism. The effect of this committee will be a decrease in discrimination between similar inmate and parolee cases, while solving institutional impediments to reach a more sensible solution to rehabilitation. The committee's findings will assist in increasing the ability of parolees to reenter society instead of returning to prison and increasing the already high rate of recidivism." b) According to California Psychological Association , "This bill would establish the CROB Advisory Committee and charge it with providing assistance and advice on strategies for accomplishing the rehabilitation goals of the various mental health, substance abuse, educational, and employment programs for inmates and parolees. The multi-disciplinary board, whose members have direct experience working with inmates, is composed of a variety of correctional and mental health professionals, including a clinical psychologist. The California Psychological Association views the formation of this committee, and its inclusion of mental health clinicians, as a step in the right direction to creating solution in CDCR for reducing recidivism and implementing long-term rehabilitation policies. AB 1362 Page 5 "The California Psychological Association is a non-profit professional organization of over 4,000 members practicing in the state of California. California's psychologists currently work in private practice, hospitals, government agencies, university and research settings, schools, community clinics, and businesses." 4)Related Legislation : AB 845 (Bass) requests the Reentry Advisory Committee to apply for federal funds, develop a comprehensive strategic reentry plan reducing the recidivism rate, and submit a report to the Legislature. AB 845 is set to be heard by this Committee today. 5)Prior Legislation : AB 900 (Solorio), Chapter 7, Statutes of 2009, created C-ROB to evaluate CDCR rehabilitation and treatment programs, and recommend changes to the Legislature and Governor. REGISTERED SUPPORT / OPPOSITION : Support American Federation of State, County and Municipal Employees (Sponsor) American Federation of State, County, and Municipal Employees, Local 2620 California Correctional Peace Officers Association California Psychological Association Opposition None Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744