BILL ANALYSIS AB 2326 Page 1 ASSEMBLY THIRD READING AB 2326 (Bass) As Amended May 28, 2010 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Ammiano, | | |Gilmore, Hill, | |Bradford, | | |Portantino, Skinner | |Charles Calderon, Coto, | | | | |Davis, Monning, Ruskin, | | | | |Skinner, Solorio, | | | | |Torlakson, Torrico | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Conway, Harkey, Miller, | | | | |Nielsen, Norby | ----------------------------------------------------------------- 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 advise the Secretary of the Department of Corrections and Rehabilitation (CDCR) on all matters related to the statewide planning, implementation and outcomes of all reentry programs and services provided the CDCR. The committee shall consider and advise the Secretary in the following areas: AB 2326 Page 2 a) Collaborative reentry activities among key stakeholders at the state and local levels; b) Developing a knowledge base of 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; 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)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). 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. AB 2326 Page 3 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. 4)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. FISCAL EFFECT : According to the Assembly Appropriations Committee, minor absorbable costs. COMMENTS : 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 AB 2326 Page 4 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 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." Please see the policy committee for a full discussion of this AB 2326 Page 5 bill. Analysis Prepared by : Milena Nelson / PUB. S. / (916) 319-3744 FN: 0004649