BILL NUMBER: AB 219	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 10, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 1, 2011

   An act to amend Section 6141 of,  and  to add
Section 5056.8 to,  and to add and repeal Section 6145 of, 
the Penal Code, relating to criminal recidivism.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 219, as amended, 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 to develop
targets approved by the California Rehabilitation Oversight Board
and to implement a plan based on those targets to achieve the goal of
a reduction in the statewide criminal recidivism rate from 2010 of
20% by 2015 and 40% by 2020. The bill would provide that success
towards meeting that goal would be reviewed as part of the annual
budget process for the department's budget. The bill would require
the department to adopt regulations to require the reporting and
verification of the statewide recidivism rate, as specified.
   Existing law establishes the California Rehabilitation Oversight
Board and requires the board to meet at least quarterly and to
regularly examine the various mental health, substance abuse,
educational, and employment programs for inmates and parolees
operated by the Department of Corrections and Rehabilitation.
Existing law requires the board to report to the Governor and the
Legislature biannually, and specifies that the reports shall include,
but are not limited to, findings on the effectiveness of treatment
efforts, rehabilitation needs of offenders, gaps in rehabilitation
services in the department, and levels of offender participation and
success in the programs. Existing law requires the board to make
recommendations to the Governor and Legislature with respect to
modifications, additions, and eliminations of rehabilitation and
treatment programs.
   This bill would, in addition, require the board to examine the
programs and services to reduce criminal recidivism that are operated
by the Department of Corrections and Rehabilitation. The bill would
require the board to consult with the department regarding
implementing the department's plan to reduce recidivism, and to
approve the targets developed by the department for reducing
recidivism, as described above.  The bill would require the board
to periodically review the department's success in meeting those
targets and establish criteria for the department to properly measure
the department's success in meeting those targets.  
   The bill would also require the board, until January 1, 2018, to
submit a report to the Legislature that lists the rehabilitation
programs that are available at the county level for prisoners are
serving their sentences in a county jail pursuant to a felony
conviction, as provided. This reporting requirement would become
operative if A.B. 109 becomes operative. 
   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,
including substance abuse treatment and vocational and academic
education programs, a priority to ensure the public safety and to
release inmates to our communities as productive and contributing
members of society. Currently the Department of Corrections and
Rehabilitation spends about 1 percent of its budget on academic or
vocational education programs even though 75 percent of the inmate
population cannot read above a ninth grade level. Since the time the
word "rehabilitation" was added to the department's title in 2006,
the budget for rehabilitation has been cut almost in half.
   (2) A critical part of parole success is aftercare. Parolees who
are able to access community-based drug treatment, mental health, and
educational or job training services upon release are much more
likely to stay out of prison. 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) According to a Washington State Policy Institute study from
2010, for every dollar spent on vocational education programs in
prison there was a return of nearly fourteen dollars ($14), and for
academic programs, for every 96 cents ($0.96) spent, the return was
nearly eleven dollars ($11). Currently, less than 7 percent of
inmates are enrolled in education programs. The widely cited "Three
State Recidivism Study" from 2001,conducted in Maryland, Ohio, and
Minnesota on the effects of in-prison educational programming on
recidivism, found a 29 percent overall reduction in reincarceration
rates when compared to inmates without programming.
   (6) In the 2008 report "From Cellblocks to Classrooms," California'
s own Legislative Analyst's Office acknowledged the central role that
education programming plays in reducing recidivism and recommended
several steps the Department of Corrections and Rehabilitation could
take to maximize current programming resources and increase
attendance in academic and vocational programs.
   (7) 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 of the goal of reducing
recidivism by 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  by persons who have been incarcerated or housed in
its facilities  . 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 develop realistic targets, approved by the
California Rehabilitation Oversight Board pursuant to Section 6141,
and shall implement a plan based upon those targets to achieve a
reduction in the statewide recidivism rate. When setting these
targets, the department shall seek ways of achieving a goal of
reducing recidivism by 20 percent by 2015 and 40 percent by 2020.
Success towards meeting that goal shall be reviewed as part of the
annual budget process for the department's budget.
   (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. 
   (e) The California Rehabilitation Oversight Board shall
periodically review the department's success in meeting the targets
specified in subdivision (c) and shall establish criteria for the
department to properly measure the department's success in meeting
those targets.  
   (f) As used in this section, the term "recidivism" shall be
measured by the arrest rate, misdemeanor and felony conviction rate,
and return-to-prison rate for persons who have previously been
incarcerated or housed in department facilities after a time period
specified by the department. The return-to-prison rate shall include
information regarding prisoners who are serving their sentences in a
county jail pursuant to a felony conviction. 
  SEC. 3.  Section 6141 of the Penal Code is amended to read:
   6141.  The California Rehabilitation Oversight Board shall meet at
least quarterly, shall regularly examine the various mental health,
substance abuse, educational, and employment programs for inmates and
parolees operated by the Department of Corrections and
Rehabilitation, and shall examine the programs and services operated
by the department to reduce criminal recidivism. The board shall
consult with the department regarding implementing the department's
plan to reduce recidivism and shall approve the targets developed by
the department for reducing recidivism  and evaluate the
department's success in meeting those targets,  , pursuant to
Section 5056.8. The board shall report to the Governor and the
Legislature biannually, on March 15 and September 15, and may submit
other reports during the year if it finds they are necessary. The
reports shall include, but are not limited to, findings on the
effectiveness of treatment efforts, rehabilitation needs of
offenders, gaps in rehabilitation services in the department, and
levels of offender participation and success in the programs. The
board shall also make recommendations to the Governor and Legislature
with respect to modifications, additions, and eliminations of
rehabilitation and treatment programs. In performing its duties, the
board shall use the work products developed for the department as a
result of the provisions of the 2006 Budget Act, including Provision
18 of Item 5225-001-0001.
   SEC. 4.    Section 6145 is added to the  
Penal Code   , to read:  
   6145.  (a) The California Rehabilitation Oversight Board shall
provide an annual report to the Legislature by January 1, 2013, and
every January 1, thereafter, that lists the rehabilitation programs
that are available at the county level for prisoners who are serving
their sentences in a county jail pursuant to a felony conviction.
   (b) (1) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government Code.

   (2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2018.
   (c) this section shall become operative only if A.B. 109 from the
2011-12 Regular Session becomes operative.