BILL ANALYSIS
AB 2326
Page 1
Date of Hearing: April 6, 2010
Counsel: Meghan Masera
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2326 (Bass) - As Introduced: February 19, 2010
SUMMARY : Expands the membership and reporting requirements of
the Reentry Advisory Committee (RAC). Specifically, this bill :
1)Expands RAC membership by three members, including:
a) A public defender or private defense attorney;
b) A representative of a community-based organization who
is familiar with the reentry needs of former offenders and
who has experience advocating for former offenders and
providing reentry services in southern California; and,
c) A representative of a faith-based organization who is
familiar with the reentry needs of former offenders and who
has experience advocating for former offenders and
providing reentry services in northern California.
2)Requires the RAC to issue advisory reports to the Governor and
the Legislature whenever it deems appropriate, but not less
frequently than annually. A report must include
recommendations on the following:
a) Collaborative reentry activities among key stakeholders
at the state and local levels;
b) Best practice models and programs related to what people
need to successfully return to their communities from
prison and what resources communities need to successfully
provide for these needs;
c) Incorporating reentry outcomes into department
organizational missions and work plans as priorities;
d) Funding of reentry programs;
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e) Promoting systems of integration and coordination;
f) Measuring outcomes and evaluating the impact of reentry
programs; and,
g) Educating the public about reentry programs and their
role in public safety.
3)Requires the RAC to develop a comprehensive resource guide for
community-based organizations, faith-based organizations,
service providers, law enforcement agencies, and industry and
governmental entities working to address the issues of reentry
through programs, service delivery, or both programs and
service delivery. The guide shall also detail the
availability of private, city, county, city and county, state,
and federal resources for former offenders attempting to
successfully reintegrate into society. The guide shall be
made available to the public in order to maximize the
potential for collaboration.
4)Mandates the RAC to immediately seek and apply for grant
funding available through the federal Second Chance Act of
2007: Community Safety through Recidivism Prevention (Public
Law 110-199). The Second Chance Act of 2007 requires the RAC
to develop a comprehensive strategic reentry plan containing
annual and five-year performance goals. The comprehensive
reentry plan shall seek to reduce the rate of recidivism by
50% over a five-year period for offenders released from
prison, jail, or a juvenile facility who are served with funds
provided under the federal Second Chance Act of 2007. The
outcome measures for the plan may include:
a) Reduction in crime;
b) Increase in employment and educational opportunities;
c) Reduction in supervised release violations;
d) Increase in child support obligation compliance;
e) Reduction in drug and alcohol abuse;
f) Increase in participation in substance abuse and mental
health services; and,
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g) Other outcome measures that correlate positively with
the reentry success rate of offenders who transition out of
prisons, jails, or juvenile facilities.
5)States that the RAC must develop the comprehensive strategic
reentry plan in consultation with community members and
stakeholders, including persons in the fields of public
safety, juvenile and adult corrections, housing, health,
education, substance abuse, child and family services, victim
services, employment, and business, and members of nonprofit
organizations working on reentry policy or providing reentry
services.
6)Requires the RAC to submit an annual report to the Legislature
and the United States Attorney General detailing the progress
of grantees towards achieving strategic performance outcomes
and describing other activities conducted by grantees to
increase the success rates of the reentry population, such as
programs that foster effective risk management and treatment,
offender accountability, and community and victim
participation.
7)Extends the date of repeal from January 1, 2011 to January 1,
2016.
EXISTING LAW :
1)Provides that, commencing July 1, 2005, the supervision,
management and control of the state prisons, and the
responsibility for the care, custody, treatment, training,
discipline and employment of persons confined therein are
vested in the Secretary of the California Department of
Corrections and Rehabilitation (CDCR). (Penal Code Section
5054.)
2)States that, commencing July 1, 2005, all powers and duties
previously granted to and imposed upon the CDCR shall be
exercised by the CDCR Secretary, except where those powers and
duties are expressly vested by law in the Board of Parole
Hearings. Whenever a power is granted to the CDCR Secretary
or a duty is imposed upon the Secretary, the power may be
exercised or the duty performed by a subordinate officer to
the CDCR Secretary or by a person authorized pursuant to law
by the Secretary. (Penal Code Section 5055.)
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3)Provides that, on or before July 1, 2007, the CDCR Secretary
shall establish a RAC. The RAC shall report to the Secretary,
who shall serve as the RAC Chair. The RAC shall include
representation from stakeholders in the successful
administration of reentry programming and shall be comprised
of the following members, appointed by the Secretary [Penal
Code Section 5056.5(a)]:
a) A representative of the California League of Cities;
b) A representative of the California State Association of
Counties;
c) A representative of the California State Sheriffs'
Association;
d) A representative of the California Police Chiefs'
Association;
e) A representative of the CDCR's Adult Parole Operations;
f) A representative of the Department of Mental Health;
g) A representative of the Department of Social Services;
h) A representative of the Department of Health Services;
i) A representative of the Labor and Workforce Development
Agency;
j) A representative of the County Alcohol and Drug Program
Administrators Association;
aa) A representative of the California Association of
Alcohol and Drug Program Executives;
bb) An individual with experience in providing housing for
low-income individuals;
cc) A recognized expert in restorative justice programs;
dd) An individual with experience in providing education and
vocational training services; and,
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ee) An independent consultant with expertise in community
corrections and reentry services.
4)Requires the RAC to meet at least quarterly at a time and
place determined by the CDCR Secretary. RAC members receive
compensation for travel expenses pursuant to existing
regulations, but no other compensation. [Penal Code Section
5056.5(b).]
5)State that the RAC must advise the Secretary on all matters
related to the successful statewide planning, implementation,
and outcomes of all reentry programs and services provided by
CDCR, with the goal of reducing recidivism of all persons
under the CDCR's. The RAC shall consider and advise the
Secretary on the following issues [Penal Code Section
5056.5(c)]:
a) Encouraging collaboration among key stakeholders at the
state and local levels;
b) Developing a knowledge base of what people need to
successfully return to their communities from prison and
what resources communities need to successfully provide for
these needs;
c) Incorporating reentry outcomes into department
organizational missions and work plans as priorities;
d) Funding of reentry programs;
e) Promoting systems of integration and coordination;
f) Measuring outcomes and evaluating the impact of reentry
programs; and,
g) Educating the public about reentry programs and their
role in public safety.
6)Provides that the current law remain in effect only until
January 1, 2011 and as of that date is repealed unless a later
statute enacted before January 1, 2011 deletes or extends that
date. [Penal Code Section 5056.5(d).]
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "California's
prison system is experiencing a crisis. The issues of reentry
and reducing recidivism have received great national attention
as the number of people released from prison has increased
350% over the last 20 years. In California, 70% of paroled
felons re-offend within 18 months of their release date,
representing the highest recidivism rate in the nation.
Often, failures within the system represent the beginning of a
never-ending cycle in which a person remains on probation,
violates probation, and then returns to county jail.
"State law required the CDCR Secretary to establish a RAC to
advise the Secretary on matters related to the successful
planning, implementation, and outcomes of all reentry programs
and services in CDCR, with the goal of reducing recidivism
with a sunset date of January 1, 2011. My bill would impose
additional requirements on the RAC, including that the RAC
seek and apply for funds available under the 2nd Chance Act of
2007, develop a comprehensive strategic reentry plan seeking
to reduce the recidivism rate, and submit a report to the
Legislature; revises current membership, and extends the
repeal date on these provisions until January 1, 2016.
"The Second Chance Act funds will go to the development of adult
and juvenile offender state and local reentry demonstration
projects. The funds will enable states and communities to
test evidence based approaches to reducing recidivism and
addressing the alarming recidivism rates nationwide. The
maximum grant award is $750,000 per year for possibly three
years, depending upon the availability of funds. The federal
government will fund no more than 50% of a project, for a
maximum of a $1.5 million project. Grantees need to come up
with $750,000 (or more if the project costs more than $1.5).
Of that, at least $375,000 must be cash and $375,000 may be
in-kind. The availability of these resources will be
immensely helpful in the event we look to expand or create
these types of much needed programs. This makes the notion of
accessing these funds in a comprehensive fashion all the more
critical.
"In 1990, California's Blue Ribbon Commission on Inmate
Population Management indicated that the prison system
compromises public safety by relying so heavily on punishment
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and recommends drug treatment and work programs for parolees.
Decades later we continue to employ the same ineffective
practices. California must combat the culture which dictates
that incarceration is for purposes of punishment as opposed to
rehabilitation. The delivery of reentry services and options
as of late have typically been provided sporadically or solely
at the local level resulting in modest improvements in our
recidivism rates at best. The Second Chance Act calls for
collaboration between key stakeholders, service providers, and
community based organizations affording California the
opportunity for more effective formal collaboration and a
shift from business as usual. The Act contains a number of
allowable uses of funds some of which include services such as
prerelease planning and coordination, substance abuse and
mental health treatment, housing, and job training. These
types of transitional assistance are direly needed if we
expect for former offenders to be successfully reintegrated
back into our communities.
"It is my belief that partnerships between community-based
organizations, law enforcement agencies and service providers
in collaboration with CDCR will provide the necessary tools to
combat California's recidivism rates while increase the
communication between law enforcement, community members, and
ex-offenders.
"Breaking the cycle of recidivism eases the burden on
California's taxpayers and increases the public safety of its
people. This bill addresses the need to end this cycle and a
means of doing so."
2)Background : According to information provided by the author,
"On April 9, 2008, President Bush signed the Second Chance Act
(P.L. 110-199) into law. The legislation authorizes various
grants to government agencies and nonprofit groups to provide
employment assistance, substance abuse treatment, housing,
family programming, mentoring, victims support, and other
services that can help reduce re-offending and violations of
probation and parole.
"The Second Chance Act primarily has two components which
authorize the development of Adult and Juvenile Offender
Re-Entry Demonstration Projects. The Act requires that the
states and counties seeking funding develop an entity with key
stakeholders ranging from members of law enforcement to
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service providers and community based organizations. During
the 2005-2006 Legislative Session, the Assembly Public Safety
Committee authored AB 3064, a measure establishing a RAC under
CDCR, which was signed into law by the Governor. The members
of the RAC have varying degrees of involvement, expertise, and
broad representation satisfying the provisions of the 2nd
Chance Act, thus making it the most plausible entity to take
on the responsibilities. The bill would require the RAC to
develop a five- year comprehensive strategic re-entry plan, as
required by the 2nd Chance Act, to guide reentry-related
efforts. The plan must seek to address and develop outcome
measures on issues such as but not limited to prerelease
planning and coordination, substance abuse and mental health
treatment, housing, and job training.
"The bill would also require the RAC to position California to
apply for, receive, and utilize resources available under the
Act by executing the charges of the act, including evaluating
exemplary programs that demonstrate the effectiveness of
evidence based approaches to combating recidivism for funding
consideration, as well as meeting all necessary deadlines
contained in the Act.
"AB 2326 also places a reporting requirement on the RAC
specifying that the entity will report to the Legislature on
its progress in compiling information on programs or efforts
in the state designed to address reentry issues; the policy
and fiscal matters they advise the Secretary on its progress
on meeting the requirements of the 2nd Chance Act; and a post
implementation update."
3)Little Hoover Commission Recommendations : According to the
Little Hoover Commission Report, "Solving California's
Corrections Crisis: Time is Running Out" (January 2007),
"California has one of the highest recidivism rates in the
nation. Approximately 70 percent of all offenders released
from prison are back within three years - mostly due to parole
violations, many of which are technical in nature.
California's parole system remains a billion dollar failure.
"CDCR currently has several partnerships with other state
agencies, but could do more. CDCR partners with the California
Department of Forestry and Fire Protection to manage the
California Conservation Camp program. More than 4,000
low-level male and female offenders join the fire line during
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fire season and assist with flood control, search and rescue
operations and other community services. However, thousands
more are on waiting lists for the program. CDCR partners with
the Employment Development Department to provide employment
services in some, but not all parole offices. CDCR also
partners with the Department of Alcohol and Drug Programs for
community-based drug treatment provided through the Parolee
Services Network. CDCR manages the in-prison treatment
programs and drug treatment furlough programs, when it could
collaborate more closely with ADP for these programs. The
State has expanded its partnership with community colleges so
that college coursework is available in all prisons, however,
only 2 percent of the inmate population participates.
"CDCR also participates on 10 councils, work groups or
committees with various missions from conquering homelessness
to expanding collaborative courts. In 2006, the Legislature
established a Reentry Advisory Committee to bring together
state and local agencies that can assist CDCR in improving
offender reentry and also established an Expert Panel on
Reentry and Recidivism Reduction.
"The Legislature included $900,000 in the Budget Act of 2006 for
CDCR to contract with correctional program experts to perform
a comprehensive evaluation of all adult prison and parole
programs designed to reduce recidivism. CDCR has convened an
expert panel co-chaired by the chief deputy secretary of CDCR
adult programs and nationally-recognized criminologist Joan
Petersilia, director of the Center for Evidence-Based
Corrections at the University of California at Irvine. The
panel's 15 other members include academic experts, current and
former correctional department leaders and successful re-entry
program managers. The expert panel is charged with three
overarching tasks:
a) "Evaluate all adult prison and parole programs to assess
whether these programs are likely to have a significant
impact on recidivism and to estimate the number of
offenders not currently participating in these programs who
could benefit from them.
b) "Design a model system to serve as a guide for building
an effective multi-year strategic plan for programs that
reduce crime and recidivism.
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c) "Recommend specific legislative and policy changes that
could lead to a reduction in crowding and intake numbers.
"California could learn from other states that are succeeding
in collaborative efforts. Several states have successfully
implemented interagency teams to improve the transition
from prison to the community. Inter-agency teams in three
states - Michigan, Missouri and Indiana - are recognized by
the National Institute of Corrections and by other
correctional system experts as models of collaborative
efforts to improve prisoner re-entry. In these states,
inter-agency collaboration takes place at multiple levels
and has at least three phases: institutional, re-entry and
community. Additionally, Michigan, Missouri and Indiana
use evidence-based tools to measure progress. The most
important component of the inter-agency collaboration is a
clear mission shared by all of the participating agencies
to improve public safety through effective re-entry."
4)Arguments in Support : According to Legal Services for
Prisoners with Children , "Our communities have been devastated
by so many people going to prison, without a real opportunity
for success when they return to their homes and families. We
hope that the Rehabilitation Reentry Advisory Committee will
create a series of recommendations that the Legislature will
adopt, in order to reduce discrimination and enhance
opportunities for people with conviction histories."
5)Related Legislation : AB 845 (Bass) would have required the
RSV to apply for federal funds, develop a comprehensive
strategic reentry plan reducing the recidivism rate, and
submit a report to the Governor and Legislature, as well as
extended the sunset date on the current law until January 1,
2016. AB 845 was vetoed for imposing new duties on the RAC
without providing any means to pay for them.
6)Prior Legislation : AB 3064 (COPS), Chapter 782, Statutes of
2005, required the CDCR Secretary to establish a RAC to advise
the Secretary on all matters related to the successful
statewide planning, implementation and outcomes of all
re-entry programs and services offered by CDCR. The
provisions of AB 3064 will sunset on January 1, 2011.
REGISTERED SUPPORT / OPPOSITION :
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Support
California Attorneys for Criminal Justice
California Public Defenders Association
County Alcohol and Drug Program Administrators
Association of California
Drug Policy Alliance
Legal Services for Prisoners with Children
Opposition
None
Analysis Prepared by : Meghan Masera / PUB. S. / (916)
319-3744