BILL ANALYSIS
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THIRD READING
Bill No: AB 2326
Author: Bass (D)
Amended: 8/2/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/22/10
AYES: Leno, Cedillo, Hancock, Huff, Steinberg, Wright
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Walters, Wyland
ASSEMBLY FLOOR : 54-20, 6/2/10 - See last page for vote
SUBJECT : Department of Corrections and Rehabilitation
Reentry Advisory Committee
SOURCE : Author
DIGEST : This bill extends the sunset of the Reentry
Advisory Committee (RAC) to January 1, 2016. This bill
also makes the following changes to RAC: (1) Requires the
Secretary of the Department of Corrections and
Rehabilitation, in consultations with RAC, to immediately
seek and apply for specified federal grant funding, (2)
adds seven new members to the committee, as specified, (3)
authorizes meetings upon call of the Secretary, in addition
to quarterly meetings, (4) revises topic areas upon which
the committee shall advise the Secretary, and (5) provides
CONTINUED
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that RAC members shall serve without compensation.
ANALYSIS : Existing law requires the Secretary of the
Department of Corrections and Rehabilitation (CDCR) to
establish, until January 1, 2011, an RAC, comprised as
specified, to advise the Secretary on matters related to
the successful planning, implementation, and outcomes of
all reentry programs and services in the CDCR, with the
goal of reducing recidivism. Existing law provides that
the committee shall meet at least quarterly and that
committee members shall receive compensation for travel
expenses but no other compensation.
This bill changes the qualifications for one of the
committee members, and expands the membership of the
committee by seven members, as specified. This bill
provides that the committee shall meet at least quarterly
and upon call of the Secretary. This bill also removes the
requirement that committee members shall receive
compensation for travel expenses, as specified, and instead
provides that committee members shall serve without
compensation. This bill requires the Secretary, in
consultation with the committee, to apply for specified
federal grants and, if grant funding is awarded, to develop
a comprehensive strategic reentry plan containing annual
and five-year performance goals, as specified, to include
the goal of reducing the rate of recidivism by 50 percent
over a five-year period for offenders released from prison,
jail, or a juvenile facility who are served with federal
grant funds, as measured by specified outcomes. This bill
requires the Secretary, in consultation with the committee,
to submit an annual report to the Legislature and the
United States Attorney General detailing the progress
toward achieving strategic performance outcomes, as
specified. This bill extends the operation of the
committee until January 1, 2016.
Under current law, the advisory committee is required to be
comprised of the following members, appointed by the
Secretary:
1. A representative of the California League of Cities.
2. A representative of the California State Association
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of Counties.
3. A representative of the California State Sheriffs'
Association.
4. A representative of the California Police Chiefs'
Association.
5. A representative of the CDCR Adult Parole Operations.
6. A representative of the Department of Mental Health.
7. A representative of the Department of Social Services.
8. A representative of the Department of Health Services.
9. A representative of the Labor and Workforce
Development Agency.
10. A representative of the County Alcohol and Drug
Program Administrators Association.
11. A representative of the California Association of
Alcohol and Drug Program Executives.
12. An individual with experience in providing housing for
low-income individuals.
13. A recognized expert in restorative justice programs.
14. An individual with experience in providing education
and vocational training services.
15. An independent consultant with expertise in community
corrections and reentry services.
This bill adds the following persons to this advisory
committee:
1. A county public defender.
2. A private criminal defense attorney.
3. A chief probation officer.
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4. A victims' representative.
5. A district attorney.
6. An individual currently providing either academic or
vocational education services within the prison system.
7. 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 with providing reentry services in southern
California.
8. 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.
Under current law, the advisory committee is required to
"meet at least quarterly at a time and place determined by
the secretary. Committee members shall receive
compensation for travel expenses pursuant to existing
regulations, but no other compensation."
This bill also authorizes the RAC to meet upon call of the
Secretary.
Comments
Last year, the author carried AB 845, which proposed a
number of similar changes to the RAC. That bill was vetoed
by the Governor, whose vetoed message stated in part:
"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, the 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.
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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."
Prior Legislation
AB 845 (Bass), 2009-10 Session, passed the Senate (40-0,
Consent) on September 4, 2009, but was vetoed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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
$77General
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 percent match of
federal funding in its activities relates to re-entry, at
least 50 percent of which must be in cash for the new
projects.
This bill incurs 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,
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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.
SUPPORT : (Verified 8/16/10)
California Attorneys for Criminal Justice
California Probation Parole and Correctional Association
California Public Defenders Association
Chief Probation Officers of California
Council of California Goodwill Industries
County Alcohol & Drug Program Administrators Association of
California
Crime Victims United of California (if amended)
Drug Policy Alliance
Legal Services for Prisoners with Children
Non-Profit Housing Association of Northern California
Service Employees International Union Local 1000
ARGUMENTS IN SUPPORT : The author states: "This bill
strives to reduce California's recidivism rate, which is
regarded as the highest in the nation, by providing the
venue to evaluate current and share best practices as it
relates to the issue of the successful re-integration of
former offenders back into society. It is vitally
important that CA does not miss an opportunity to receive
federal funds to help address the state's persistent prison
overcrowding issues and to encourage CDCR to continue
inmate reentry efforts beyond the 2011 sunset of the RAC."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Coto, Davis, De La
Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Furutani, Galgiani, Gilmore, Hagman, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, V. Manuel Perez,
Ruskin, Salas, Saldana, Skinner, Solorio, Swanson,
Torlakson, Torres, Torrico, Villines, Yamada, John A.
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Perez
NOES: Adams, Anderson, Bill Berryhill, Conway, Cook,
Emmerson, Fuller, Gaines, Garrick, Harkey, Jeffries,
Knight, Logue, Miller, Nestande, Niello, Nielsen, Silva,
Smyth, Tran
NO VOTE RECORDED: Tom Berryhill, Lieu, Norby, Portantino,
Audra Strickland, Vacancy
RJG:mw 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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