BILL ANALYSIS                                                                                                                                                                                                    



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          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:








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             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.  









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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.

          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  








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          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  








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          bill.
           

          Analysis Prepared by  :    Milena Nelson / PUB. S. / (916)  
          319-3744 


                                                                FN: 0004649