BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           2326 (Bass)
          
          Hearing Date:  08/02/2010           Amended: 08/02/2010
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          6-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 2326 would extend the sunset of the Reentry  
          Advisory Committee (RAC) to January 1, 2016. This bill would  
          also make the following changes to RAC:

             1)   Require the Secretary of the Department of Corrections  
               and Rehabilitation (CDCR), in consultations with RAC, to  
               immediately seek and apply for specified federal grant  
               funding.
             2)   Add seven new members to the committee, as specified.
             3)   Authorize meetings upon call of the Secretary, in  
               addition to quarterly meetings.
             4)   Revise topic areas upon which the committee shall advise  
               the Secretary.
             5)   Provide that committee members shall serve without  
               compensation.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions                 2010-11                 2011-12       
            2012-13                      Fund
           
          Extends RAC sunset               $200               $400*         
                 $400*         General      

          New RAC duties/expansion                 $34                 $77  
                           $77            General
                                            
          Grant application: CDCR                up to $100      up to  
          $200                              General

          Re-entry plan/grant activities**           -----Potentially  
          substantial costs-----          General

          *Annual costs will continue through 2014-15; half-year costs in  
          2015-16.










          **If CDCR receives a federal Second Chance Act grant, the state  
          will be required to show a 100% match of federal funding in its  
          activities relates to re-entry, at least 50% of which must be in  
          cash for the new projects.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          AB 2326 would incur substantial state costs by extending the  
          sunset on RAC and imposing new duties on this committee and its  
          supporting staff. Because of the current fiscal crisis, CDCR has  
          suspended its financial support of RAC, and diverted CDCR staff  
          involved in RAC to other duties. CDCR has also ended its  
          $100,000 per year contract with the University of California  
          Davis for support, coordination, and facilitation of the RAC  
          meetings. All future RAC meetings have been suspended, until the  
          committee authority sunsets. In the absence of this bill, all  
          money that was previously funding RAC would be used to support  
          other CDCR needs, in light of the department's $100 million  
          unallocated budget reduction.


          Page 2
          AB 2326 (Bass)

          This bill adds seven new members to RAC, and requires the  
          committee to meet at the call of the Secretary (in addition to  
          its regular meetings) which will require increased coordination  
          and management. It also provides that members will serve without  

          compensation. Under existing statute, members are not paid, but  
          they are reimbursed for travel expenses. This bill deletes a  
          provision on statute that specifically provides for travel  
          reimbursement, but does not expressly prohibit such  
          reimbursement. 

          This bill would impose additional duties on RAC, and on the  
          Secretary of CDCR, which would almost certainly become the  
          responsibility of CDCR and contracted staff members who support  
          the committee. The most extensive of the new duties, would be to  
          create the comprehensive reentry plan including 5 year  
          performance goals and outcome measures, necessary to apply for  
          federal Second Chance Act funding.











          The federal Second Chance Act was signed into law by President  
          Bush in April 2008. It authorizes federal grants to government  
          agencies and community and faith-based organizations to provide  
          employment assistance, substance abuse treatment, housing,  
          family programming, mentoring, victims support, and other  
          services to help reduce recidivism. In March 2009, President  
          Obama signed an omnibus appropriations bill for the remainder of  
          fiscal year 2009 that provides $25 million for Second Chance Act  
          programs, including $15 million for state and local reentry  
          demonstration projects. Application for these funds would  
          require substantial work upfront, in order to present the best  
          plan to ask for competitive federal funds.

          Federal Second Chance grants require a 100% state match, at  
          least 50% of which must be in cash. Implementing the  
          program/plan that CDCR and RAC develop will require substantial  
          additional resources, in order to draw down federal funding. The  
          extent of the costs depends on the overall cost of activities  
          that receive this funding.

          This bill is similar to AB 845 (Bass, 2009) which was vetoed,  
          citing fiscal concerns, with the following veto message:

          I am returning Assembly Bill 845 without my signature.

          This bill would impose new requirements upon the Reentry  
          Advisory Committee 
          (RAC), including a requirement that the RAC seek and apply for  
          federal funds, 
          develop a comprehensive reentry plan, submit various advisory  
          reports to the
          Legislature and Governor, and would also increase the number of  
          individuals on 
          the Committee. In addition, RAC would be required to develop a  
          comprehensive 
          resource guide for use by various entities and the public.  AB  
          845 also extends 
          the sunset date of the RAC from January 1, 2011 to January 1,  
          2016.

          This bill imposes several new duties upon the RAC without  
          providing any new 
          funding to pay for them. I cannot sign a bill that creates such  
          unfunded mandates 
          for the State of California during this time of fiscal crisis.











          For these reasons, I am returning this bill without my  
          signature.