BILL NUMBER: AB 219	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 1, 2011

   An act to add Section 5056.8 to the Penal Code, relating to
criminal recidivism.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 219, as introduced, Portantino. California Recidivism Goals
Development and Achievement Act.
   Existing law authorizes the Department of Corrections and
Rehabilitation to oversee programs for the purposes of reducing
parolee recidivism.
   This bill would declare the Legislature's intent regarding the
Department of Corrections and Rehabilitation's role in reducing
criminal recidivism. The bill would require the department achieve a
reduction in the statewide criminal recidivism rate from 2010 of 20%
by 2015 and 40% by 2020. The bill would require the department to
adopt regulations to require the reporting and verification of the
statewide recidivism rate, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) California's prison problems are tied directly to recidivism
and overcrowding. When parolees commit crimes, they not only burden
the state's overtaxed prison system--they create new victims and
compromise public safety. California's recidivism rate has been
historically estimated at 70 percent, one of the nation's highest. It
is the intent of the Legislature to make inmate rehabilitation a
priority to ensure the public safety and to release inmates to our
communities as productive and contributing members of society.
   (2) As stated in a Department of Corrections and Rehabilitation
2009 study, female offenders who completed both in-prison and
community-based substance abuse treatment had substantially lower
return-to-prison rates (8.8 percent after one year and 16.5 percent
after two years) than those who completed in-prison substance abuse
programs but did not attend community-based substance abuse treatment
(25.0 percent after one year and 37.7 percent after two years).
These rates compare with a 30.1 percent return-to-prison rate after
one year and a 43.7-percent return-to-prison rate after two years for
all female offenders of the department.
   (3) The same study found that male offenders who completed both
in-prison and community-based substance abuse treatment had lower
return-to-prison rates (25.4 percent after one year and 40.4 percent
after two years) than male offenders who completed in-prison
substance abuse programs but did not attend community-based substance
abuse treatment (39.8 percent after one year and 55.8 percent after
two years). These rates compare with a 41.2-percent return-to-custody
rate after one year and a 55.6-percent return-to-prison rate after
two years for all male offenders of the department.
   (4) Overall, all offenders, both male and female, who completed
both in-prison and community-based substance abuse treatment in the
2005-06 fiscal year had a return-to-prison rate of 21.9 percent after
one year and 35.3 percent after two years. This compares with a
39.9-percent return-to-prison rate after one year and a 54.2-percent
return-to-prison rate after two years for all offenders. Offenders
who successfully complete both in-prison and community-based
substance abuse treatment programs have markedly lower
return-to-prison percentage rates than offenders who either do not
receive treatment or only receive in-prison substance abuse programs.

   (5) If California is to solve its prison overcrowding problem,
immediate steps must be taken to reduce the revolving door of prison
that sees inmates return after only a short time.
   (b) It is the intent of the Legislature that the Department of
Corrections and Rehabilitation coordinate with state agencies as well
as consult with the medical community, drug and alcohol abuse
treatment professionals and centers, the criminal justice community,
industry sectors, business groups, academic institutions,
organizations, and other stakeholders in implementing a reduction in
criminal recidivism rates to achieve a reduction of 20 percent by
2015 and 40 percent by 2020 from the 2010 level.
   (c) It is the intent of the Legislature that the Department of
Corrections and Rehabilitation develop specific standards, programs,
educational opportunities, counseling, and medical and followup care
that will reduce criminal recidivism among persons incarcerated in
California prisons to meet the targets specified in subdivision (b).
   (d) It is the intent of the Legislature that the Department of
Corrections and Rehabilitation create identifiable and measurable
goals designed to assess the effectiveness of programs and efforts to
reduce recidivism statewide and at each state correctional facility.

  SEC. 2.  Section 5056.8 is added to the Penal Code, to read:
   5056.8.  (a) This act shall be known and may be cited as the
California Recidivism Goals Development and Achievement Act.
   (b) The Department of Corrections and Rehabilitation is the state
agency charged with creating programs and services to reduce criminal
recidivism. As part of this charge, the department shall assess and
identify the success of programs and services as necessary to meet
state-mandated goals.
   (c) Using 2010 statewide recidivism statistics as the baseline,
the department shall achieve a reduction in the statewide recidivism
rate of 20 percent by 2015 and 40 percent by 2020.
   (d) The department shall adopt regulations that require the
reporting and verification of the statewide criminal recidivism rate
on an annual basis. In reporting a prior year's criminal recidivism
rate, the department shall compare the prior year's rate to the
criminal recidivism rate from 2010.