BILL ANALYSIS
AB 2200
Page 1
Date of Hearing: April 6, 2010
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2200 (Solorio) - As Introduced: February 18, 2010
SUMMARY : Mandates the California Department of Corrections and
Rehabilitation (CDCR), to the extent funds are appropriated,
establish a reentry program specifically targeting offenders who
will be between 16 and 23 years of age upon their release,
parole, or discharge from either state or county custody.
Specifically, this bill :
1)Requires CDCR, through the Division of Juvenile Facilities
(DJF), to pre-enroll eligible youths into eligible community
programs, as specified. CDCR, through the DJF, shall work
with counties to facilitate the pre-enrollment of eligible
youth from county detention facilities into eligible community
programs, as specified. Priority shall be given to programs
that have existed for at least one year prior to the effective
date of this section and to those eligible community programs
that have operated at any time in the previous three years.
2)States that beginning January 1, 2011, CDCR shall identify
each youth who meets the eligibility requirements, as
specified, and is scheduled to be released, paroled, or
discharged from a facility or program operated by the DJF no
later than December 31, 2011.
3)Provides that no less than 45 days prior to the scheduled
release, parole, or discharge date of an eligible youth, CDCR,
in coordination with the Director of the Department of
Employment Development and the appropriate eligible community
program, shall enroll a youth in any eligible program located
in a city no more than 60 miles from his or her last known
address or intended release city. Participation of an
eligible youth in any eligible community program shall
commence no less than 72 hours upon release, parole, or
discharge from a facility operated by CDCR. Enrollment and
participation are subject to the approval of each program.
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4)Defines "eligible community program" as, at a minimum, a
program that provides all of the following:
a) Integrated education and job training services and
activities on an equally divided basis, with 50% of
participants' time spent in classroom-based instruction,
counseling, and leadership development instruction, and 50%
of participants' time spent in experiential job training.
The education component described in this paragraph shall
include basic skills instruction, secondary education
services, and other activities designed to lead to the
attainment of a high school diploma or its equivalent. The
curriculum for this component shall include math, language
arts, vocational education, life skills training, social
studies related to the cultural and community history of
the participants, and leadership skills.
b) Bilingual services shall be available for individuals
with limited English proficiency, and an English learning
curriculum shall be provided where feasible and
appropriate.
c) A program shall have a goal of a minimum
teacher-to-student ratio of one teacher for every 18
students.
d) The job training component, as specified, shall involve
work experience and skills training apprenticeships related
to construction and rehabilitation activities, as
specified.
e) Assistance in attaining postsecondary education and in
obtaining financial aid shall be made available to
participants prior to graduation from the program.
5)Provides that counseling services designed to assist
participants in positively participating in society, including
all of the following, as necessary:
a) Outreach, assessment, and orientation.
b) Individual and peer counseling.
c) Life skills training.
AB 2200
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d) Drug and alcohol abuse education and prevention.
e) Referral to appropriate drug rehabilitation, medical,
mental health, legal, housing, and other community services
and resources. A program shall have a goal of a minimum
counselor-to-participant ratio of one counselor for every
28 participants.
f) Acquisition, rehabilitation, acquisition and
rehabilitation, or construction of housing and related
facilities to be used for the purpose of providing home
ownership for disadvantaged persons, residential housing
for homeless individuals and very low-income families, or
transitional housing for persons who are homeless, ill,
deinstitutionalized, or who have disabilities or special
needs.
g) Leadership development training that provides
participants with meaningful opportunities to develop
leadership skills, including decision-making, problem
solving, and negotiating. A program shall encourage
participants to develop strong peer group ties that support
their mutual pursuit of skills and values.
h) Each eligible community program shall work cooperatively
with local probation and parole offices to ensure
appropriate oversight of any eligible youth who enrolls and
participates in the program for the duration of the
eligible youth's participation and term of probation or
parole. Eligible community programs shall meet the
requirements in the Unemployment Insurance Code, as
specified.
6)Defines "eligible youth" as a person between 16 and 23 years
of age, who is economically disadvantaged, as defined in
federal law; who is under the custody and control of CDCR or a
county on or after January 1, 2011; and whose release, parole,
or departure date is scheduled for any date prior to January
1, 2014.
7)States that no more than 200 eligible youths shall be
enrolled. Priority for enrollment shall be given to eligible
youths whom CDCR has determined to be gang affiliated or who
have an immediate family member who has been identified as
gang affiliated.
AB 2200
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8)Requires CDCR to allocate $20,000 per year, or a fraction
thereof, per enrolled youth to each eligible community program
that enrolls an eligible youth for each year of participation,
or fraction thereof, to defray the costs of the services
provided by the eligible community program.
9)Mandates CDCR provide no less than 50% of each annual payment
at the time of enrollment of the eligible youth, and any
remaining portion of an annual payment shall be made to the
eligible community program upon completion of each year of
participation. Each eligible community program shall retain
only that portion of the payment that is commensurate with the
participant's actual participation and shall return the
balance of the payment to CDCR. Funding shall be used to
supplement, rather than supplant, existing programs.
10)States that CDCR shall maintain statistical information on
the success of this program, including, but not limited to,
the number of eligible youths served and the rate of return to
prison for those eligible youths who enroll and participate in
an eligible community program. This information shall be
provided to the Legislature upon request.
11)Sunsets provisions of this bill on January 1, 2014 unless
later enacted or extended before that date.
EXISTING LAW :
1)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. [Penal Code Section 3054(a)(1).]
2)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. [Penal Code Section
3054(b)(1).]
3)Provides that CDCR shall operate the Preventing Parolee Crime
AB 2200
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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. [Penal Code Section
3068(a).]
4)Provides that prisoners on parole shall remain under the legal
custody of CDCR and shall be subject at any time to being
taken back within the enclosure of the prison. (Penal Code
Section 3056.)
5)Provides that Board of Parole Hearings (BPH) has the power to
establish and enforce parole rules and regulations. (Penal
Code Section 3052.)
6)Provides that BPH has full authority to suspend or revoke any
parole, and to order returned to prison any prisoner upon
parole. (Penal Code Section 3060.)
7)Allows revocation of parole only for cause, and provides for a
revocation hearing. Depending upon the severity and
complexity of the allegations considered in the hearing, the
parolee may be entitled to the assistance of counsel if
fairness so requires. (Penal Code Sections 3063, 3063.5 and
3063.6; California Code of Regulations Sections 3901.21.10 and
3901.27.)
8)Provides that any person returned to prison after revocation
of parole may be held for 12 months and an additional 12
months for prison misconduct. The person shall then be
released on parole for the balance of the period of parole
unserved at the time of return to prison. (Penal Code Section
3057.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In 2007, the
Legislature allocated $10 million to create the competitive
Juvenile Justice Challenge Grant Program to fund innovative
reentry strategies for offenders 16-23 years of age. A
portion of those funds were used to pilot a reentry academic
and job training program that had impressive results. Of the
30 students enrolled in the reentry training, only one was
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convicted of a subsequent offense. Unfortunately, the
Juvenile Justice Challenge Grant Program has exhausted its
funds and the CDCR and the Department of Juvenile Justice
(DJJ) have no plans to continue this and similar successful
programs.
"California has an unacceptably high recidivism rate.
Approximately 70% of first-time offenders recommit a crime.
Too often these ex-offenders are simply let back into our
communities without a definitive plan or strategy to help them
rebuild their lives. Reentry services that provide
educational and employment opportunities are necessary to
effectively reduce recidivism.
"AB 2200 would establish a reentry program, similar to the
successful evidence-based pilot that received funding from the
Juvenile Justice Challenge Grant Program, to assist young
ex-offenders aged 16-23. Specifically, this bill creates a
reentry program which pre-enrolls young men and women prior to
their release from a DJJ facility into academic and job
training programs that meet stringent state and federal
guidelines. Included in the job training program would be a
component that requires the youth to either build, refurbish,
or improve the energy efficiency of affordable housing. The
young ex-offender would be required to begin his or her job
training program within 72 hours of release from a state
facility. This seamless transition would ensure that the
youth have immediate access to resources necessary to prevent
a return to a life of crime, offer education and job skills
needed to be productive citizens and keep our communities
safer.
2)Background : According to the background provided by the
sponsor, YouthBuild (YB) Coalition, "YB USA is a nationally
and internationally recognized organization focused on
improving the lives of at-risk youths 16 to 24 years old. YB
has developed an effective and proven academic and job
training curriculum for young people with no high school
diploma, who fall below federal poverty levels, and have a
criminal history.
"YB has assisted over 130 community-based organizations and
public entities establish YB programs. Each YB program must
provide classroom instruction, geared toward attainment of GED
and construction training skills.
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"Participants receive a stipend and join work crews to build
affordable housing in their communities. Participants also
receive intensive counseling services and learn about personal
responsibility. In California, there are 26 YB programs, yet
the State does not provide them with funding.
"YB programs provide financially disadvantaged youth with
education and employment skills, and an opportunity for
meaningful employment.
"A 2003 national study evaluated 900 YB participants and found
that of those with a history of incarceration there was only a
15% recidivism rate. Approximately 70% of the graduates were
either enrolled in post-secondary classes, or in jobs paying
more than $10 an hour."
3)Statistical Data Related to Success of YB Programs : Based on
interviews with YB graduates provided by the YB Coalition:
-------------------------------------------------------------------
| | Before YB (%) | After YB (%) | Change (%) |
| | | | |
|----------------+----------------+----------------+----------------|
|Has a GED or | 21.7 | 59.2 | 127 |
|diploma | | | |
| | | | |
|----------------+----------------+----------------+----------------|
|Is a parent | 35.0 | 52.7 | 51 |
| | | | |
|----------------+----------------+----------------+----------------|
|Used marijuana | 71.6 | 25.1 | -65 |
| | | | |
|----------------+----------------+----------------+----------------|
|Used hard drugs | 29.7 | 6.4 | -78 |
| | | | |
|----------------+----------------+----------------+----------------|
|Sold marijuana | 37.7 | 8.6 |-77 |
| | | | |
-------------------------------------------------------------------
-------------------------------------------------------------------
| | Before YB (%) | After YB (%) | Change (%) |
| | | | |
|----------------+----------------+----------------+----------------|
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|Sold hard drugs | 32.4 | 7.8 | -75 |
| | | | |
|----------------+----------------+----------------+----------------|
|Used alcohol | 75.7 | 42.9 | -43 |
| | | | |
|----------------+----------------+----------------+----------------|
|Arrested | 55.6 | 26.2 | -53 |
| | | | |
|----------------+----------------+----------------+----------------|
|Convicted of a | 37.5 | 15.3 | -59 |
|misd. | | | |
| | | | |
|----------------+----------------+----------------+----------------|
|Convicted of a | 27.0 | 9.2 | -66 |
|felony | | | |
| | | | |
|----------------+----------------+----------------+----------------|
|Victim of | 19.6 | 10.8 | -45 |
|abuse/viol. | | | |
| | | | |
|----------------+----------------+----------------+----------------|
|Been homeless | 26.0 | 11.7 | -55 |
| | | | |
|----------------+----------------+----------------+----------------|
|Expected | 40 years | 72 years |32 |
|lifespan | | |years |
| | | | |
-------------------------------------------------------------------
4)Division of Juvenile Justice Interim Report : According to the
Center on Public Policy Research, in its Interim Report,
"California Department of Corrections and Rehabilitation
Division of Juvenile Justice Community Reentry Challenge Grant
Program Evaluation":
"On July 12, 2006, AB 1806 was approved by the Governor of
California. This legislative mandate emphasized the need to
enhance and further elaborate on the resources necessary for
essential service provision and treatment for juvenile
parolees being released from confinement. The stated intent
of AB 1806 is to direct attention to issues of post-custodial
reentry that would improve parolee performance (notably, the
reduction of recidivism), pilot innovative reentry programs
focusing upon rehabilitation, and achieve greater program
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cost-effectiveness. To achieve these goals, local
infrastructure, which could provide comprehensive reentry
services through multi-agency collaborations, would be
developed. Ultimately, the major focus of the legislation is
to reduce recidivism among youthful offenders through
supportive programs across a continuum of care.
"In response to AB 1806, the CDCR Division of Juvenile Justice
(DJJ) contracted $9.5M to Community Based Organizations
(501)(c) (3) non-profit status and Counties on June 29, 2007.
Out of 40 applicants, five grantees located throughout the
state, were awarded. These five grantees demonstrated
innovative, collaborative, and comprehensive approaches to the
successful reintegration of juvenile parolees and county
probationers returning from commitment or out-of-home
placement. These grantees are: Phoenix House (PIY);
Prototypes Project Youth Embrace (PYE); Sacramento Employment
and Training Agency (SETA); Youth Employment Partnership
(YEP), and; YouthBuild (YB).
"Once the grants were awarded, a minimum of seventy-five percent
of the funding was provided for services to DJJ parolees and
the remaining amount for services to youthful offenders
transitioning back into the community from county or local
juvenile court-operated out-of-home placements. All grantees
were required to develop comprehensive (wraparound) reentry
services as part of the program plan.
"DJJ was required to work with the juvenile court and probation
department in each grant service area, both to identify state
and local case supervision responsibilities and to develop a
case supervision plan describing the role of local courts and
probation departments to facilitate individual reentry plans
and other grant-related activities. As part of the monitoring
process, grantees were asked to submit, on a quarterly basis,
data regarding recidivism rates, number of participants who
successfully completed parole, number of participants in
full-time or part-time employment, parolees' educational
progress (whether vocational or academic), and the number of
parolees participating in substance abuse or mental health
treatment.
"Since most programs received their funding in the summer of
2007, insufficient time has elapsed for a complete portrayal
of the long-term outcomes anticipated in AB 1806. However, the
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current interim report offers an initial and partial profile
of each agency's progress as of September 30, 2008. A final
report is due in March 2011. The Center for Public Policy
Research (CPPR) was contracted by DJJ to conduct the initial
evaluation, which occurred on-site at the Challenge Grant
agency locations and juvenile parole offices during November
and December 2008. As part of the evaluative process, CPPR
researchers interviewed: Program staff (e.g., directors, case
managers); key collaborative partners; supervising parole
agents; local parole agents, and; parolee focus groups.
Though this evaluation reflects data gathered by researchers
during this initial phase, it should not be considered a
comprehensive description of the Challenge Grant programs at
this time. Further data collection and validation will be
required to more fully represent the impact and outcomes of
these programs." [Center for Public Policy Research,
University of California, Davis, California Department of
Corrections and Rehabilitation Division of Juvenile Justice
Community Reentry Challenge Grant Program Evaluation (March
2009).]
5)Veto Message of AB 1049 : AB 1049 (Solorio), of the 2007-08
Legislative Session, appears identical to this bill and was
vetoed. Governor Schwarzenegger stated, "While I appreciate
the author's intent, this bill is unnecessary, as the recently
established Juvenile Justice Community Reentry Challenge Grant
Program will serve many of the same functions as proposed by
this bill, and is currently being implemented. It is
necessary to allow this program to proceed and gauge its
effectiveness, and then determine whether it is successful
enough to expand, before creating a new separate but similar
program. In addition, while this bill specifies that the
pilot program shall be created only to the extent that funds
are appropriated for that purpose; it provides no funding for
the actual administrative costs that will be necessary for the
California Department of Corrections and Rehabilitation to
implement the program."
AB 1806 (Committee on Budget), Chapter 69, Statutes of 2006,
allocated money for juvenile parolee services. As noted
above, the recipients of those funds have shown great success
in reducing juvenile recidivism for those who participated.
This bill seems to re-authorize the budget allocation from
2006 to continue funding the YB programs. Given the Center
for Public Policy 2009 report on the success of YB programs,
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does it make strong fiscal and policy sense to reinvest in
programs that will save the State money in the future?
6)Arguments in Support :
a) According to the California Public Defenders
Association , "AB 2200 is an example of how taxpayer dollars
can be prudently spent to enhance public safety by ensuring
that young people successfully reintegrate into out
communities following release, parole or discharge from
detention. Communities benefit when youthful offenders are
prepared for a lifetime or self-sufficiency as opposed to
government dependence. Essential life skills and
leadership skills training, along with educational and job
opportunities are critical to ensure that youthful
offenders do not recidivate. Many of these youth will have
been separated from their communities for ling periods of
time, and many have received little if any treatment
oriented programs or services. In addition, many have not
acquired skills, nor do they have supportive families or
resources to draw on, having never lived in the community
as an independent adult.
"AB 2200 would establish a reentry program targeting youth
and young adults between 16-23 years of age, within 45 days
of being released, discharged or paroled. Prioritizing
youth and young adults who are identified as having gang
affiliations, the Rebuilding Communities and Rebuilding
Lives Act of 2010 would require DJJ to work with counties
to pre-enroll eligible youth into eligible community
programs located within 60 miles of the person's last known
residential address. DJJ would coordinate with the
Economic Development Department to enroll the participant
into an eligible community program, which would provide
integrated education and job training services and
activities, combining equal parts classroom-based
instruction, counseling, and leadership development
instruction with time spent in experiential job training.
"Such recidivism reduction programming also reinforces
principles of individual accountability, and community
programs would be required to work collaboratively with the
parole and probation officers to coordinate oversight.
Principles of positive reinforcement should also be
utilized, and participants meeting their benchmarks should
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be terminated early from probation or parole, and should
receive the benefit of having their records expunged and
sealed. AB 2200 is also holistic in its approach and
appreciates that the pathway into the delinquency system
often involves the collective societal failure to address
underlying substance abuse and mental health issues as well
as educational needs. AB 2200 would require referrals to
appropriate drug rehabilitation, medical, mental health,
legal, housing, and other community services and
resources."
b) According to the California YouthBuild Coalition , "AB
2200 establishes a reentry program for juvenile offenders
based upon a model utilized throughout the country and
which was successfully tested in Fresno in 2007. This
evidence based approach has proven to reduce recidivism to
below 10%.
"Currently, nearly 80% of youthful offenders commit new
crimes within three years. Most of these youth lack a high
school diploma, do not have job skills, and have failed to
take personal responsibility for the well-being of their
communities. The reentry program proposed by AB 2200
address these core contributors to youthful delinquency.
"Specifically, the specialized programs targets youthful
offenders in county juvenile halls and the Department of
Juvenile Justice (DJJ) facilities. During the final 30-45
days of their terms, the youth are interviewed and enrolled
into state and federally approved job training programs.
During these final weeks the youth meet with counselors who
provide an overview and orientation on the programs. As
soon as the youth are released from custody they are taken
to the local job training program to being an intensive
schedule. These job training programs must meet
specialized requirements under the authority of the United
States Department of Labor and the California Employment
Development Department. The programs must offer job
training in the building trades, and classroom instruction
to enable participants to obtain their high school diplomas
or equivalency. In addition, these young men and women are
provided intense personal responsibility counseling.
Perhaps the most vital component of the program requires
the young men and women to rebuild, literally, the
communities they once victimized. Participants must spend
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half of their program hours assisting construction crews in
building affordable housing and/or weatherizing homes.
"In 2007, the Fresno YB tested a version of this reentry
program after securing funding from the Juvenile Justice
Challenge Grant, which was a one-time allocation in the
California State Budget and is overseen by the DJJ. The
Fresno program had amazing results. They enrolled
twenty-nine youth who were incarcerated in DJJ facilities.
Each youth was recruited while still in custody and upon
release they were immediately transported to the Fresno YB
program. According to an official DJJ evaluation, only one
of these students committed a new offense. All 29 youth
were employed for some period of their enrollment. Half of
the students achieved a high school diploma or GED
equivalent after less than 12 months in the program. Eight
of the youth eventually enrolled in a community college or
university within the first year. (See Community Reentry
Challenge Grant Program Evaluation Interim Report, Center
for Public Policy Research, University of California,
Davis, March 1, 2009.) AB 2200 builds upon the successes
achieved by the Fresno program and expands access to this
evidence-based reentry model.
"The underlying framework for AB 2200 was developed by YB
USA, a national coalition of job training programs
specializing in at-risk youth. Although each program is
independently operated by either a local community based
organization, or a public entity, they all must comply with
a core curriculum which meets stringent federal and state
guidelines. There are more than 120 YB programs currently
operated in the United States. However, this reentry model
has only been attempted in a handful of regions.
"YB programs have attained an unparalleled level of success
throughout the country. A recent national study of 900
participants determined that after enrollment only 15%
committed a misdemeanor, and 9% committed a felony. The
rate of drug use also plummeted by approximately 70%. In
California, the accomplishments are even better. Most
programs have recorded recidivism rates of less than 10%.
AB 2200 applies the YB model to incarcerated youth. AB
2200 is a critical component in reducing crime, gives young
men and women a second chance, and literally rebuilds
communities victimized by crime."
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7)Prior Legislation : AB 1049 (Solorio), of the 2007-08
Legislative Session, would have required CDCR to establish
"Rebuilding Lives and Communities Reentry Programs" for
parolees between the ages of 18 and 24 to assist 18- to
23-year-old parolees with community reintegration in specified
communities. AB 1049 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
California Public Defenders Association
California YouthBuild Coalition
Crime Victims United
State Building and Construction Trades Council
Opposition
None
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744