BILL ANALYSIS Ó
AB 526
Page 1
Date of Hearing: January 10, 2012
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 526 (Dickinson) - As Amended: January 4, 2012
SUMMARY : Mandates the Board of State and Community Corrections
(BSCC) to consolidate grant funds related to gang intervention
and youth crime prevention and create a uniform grant
application process. Specifically, this bill :
1)Mandates the BSCC to identify delinquency and gang
intervention and prevention grants that have the same or
similar program purpose, are allocated to the same entities,
serve the same target populations, and have the same desired
outcomes for the purpose of consolidating grant funds and
programs and moving toward a unified single delinquency
intervention and prevention grant application process.
2)Requires the BSCC to develop incentives for units of local
government to develop comprehensive regional partnerships
whereby adjacent jurisdictions pool grant funds in order to
deliver services to a broader target population and maximize
the impact of state funds at the local level.
3)States that the BSCC shall develop a plan by July 1, 2013 to
ensure that within three years no less than 85% of state gang
intervention and prevention funding is used in juvenile
justice programs that utilize evidence-based programs.
EXISTING LAW :
1)Established within the Department of Corrections and
Rehabilitation the Corrections Standards Authority (CSA). As
of July 1, 2005, any reference to the Board of Corrections
refers to the Corrections Standards Authority, and as of that
date, the Board of Corrections is abolished. (Penal Code
Section 6024.)
2)Mandates the Board of Corrections to make a study of the
AB 526
Page 2
entire subject of crime, with particular reference to
conditions in the State of California, including causes of
crime, possible methods of prevention of crime, methods of
detection of crime and apprehension of criminals, methods of
prosecution of persons accused of crime, and the entire
subject of penology, including standards and training for
correctional personnel, and to report its findings, its
conclusions and recommendations to the Governor and the
Legislature at such times as they may require. (Repealed on
July 1, 2012). (Penal Code Section 6027.)
3)Allows the Governor, upon request of the Board of Corrections
or upon his own initiative, from time to time to create by
executive order one or more special commissions to assist the
Board of Corrections in the study of crime. Each such special
commission shall consist of not less than three nor more than
five members, who shall be appointed by the Governor. The
members of any such special commission shall serve without
compensation, except that they shall receive their actual and
necessary expenses incurred in the discharge of their duties.
The executive order creating each special commission shall
specify the subjects and scope of the study to be made by the
commission, and shall fix a time within which the commission
shall make its final report. Each commission shall cease to
exist when it makes its final report. (Penal Code Section
6028.)
4)States that each such special commission may investigate any
and all matters relating to the subjects specified in the
order creating it. In the exercise of its powers the
commission shall be subject to the following conditions and
limitations:
a) A witness at any hearing shall have the right to have
present at such hearing counsel of his own choice, for the
purpose of advising him concerning his constitutional
rights; and
b) No hearing shall be televised or broadcast by radio, nor
shall any mechanical, photographic or electronic record of
the proceedings at any hearing be televised or broadcast by
radio. (Penal Code Section 6028.1.)
5)Requires all such special commissions to make all their
reports and recommendations to the Board of Corrections. The
AB 526
Page 3
Board of Corrections shall consider such reports and
recommendations, and shall transmit them to the Governor and
the Legislature, together with its own comments and
recommendations on the subject matter thereof, within the
first 30 days of the next succeeding general or budget session
of the Legislature. CSA shall also file copies of such
reports with the Attorney General, the State Library and such
other state departments as may appear to have an official
interest in the subject matter of the report or reports in
question. (Penal Code Section 6028.3.)
6)States that the Governor shall report to each regular session
of the Legislature the names of any persons appointed to serve
on such special commissions together with a statement of
expenses incurred. (Penal Code Section 6028.4.)
7)States that it shall be the duty of the BSCC to collect and
maintain available information and data about state and
community correctional policies, practices, capacities, and
needs, including, but not limited to, prevention,
intervention, suppression, supervision, and incapacitation, as
they relate to both adult corrections, juvenile justice, and
gang problems. The BSCC shall seek to collect and make
publicly available up-to-date data and information reflecting
the impact of state and community correctional, juvenile
justice, and gang-related policies and practices enacted in
the state, as was well as information and data concerning
promising and evidence-based practices from other
jurisdictions. (Operative July 1, 2012.) ÝPenal Code Section
6027(a).]
8)Mandates the BSCC to do the following:
a) Develop recommendations for the improvement of criminal
justice and delinquency and gang prevention activity
throughout the state;
b) Identify, promote, and provide technical assistance
relating to evidence-based programs, practices, and
innovative projects consistent with the mission of the
board;
c) Receive and disburse federal funds, and perform all
necessary and appropriate services in the performance of
its duties as established by federal acts;
AB 526
Page 4
d) Develop comprehensive, unified, and orderly procedures
to ensure that applications for grants are processed
fairly, efficiently, and in a manner consistent with the
mission of the board;
e) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local
government, combinations of those units, or other public or
private agencies, organizations, or institutions in matters
relating to criminal justice and delinquency prevention;
f) Conduct evaluation studies of the programs and
activities assisted by the federal acts;
g) Identify and evaluate state, local, and federal gang and
youth violence suppression, intervention, and prevention
programs and strategies, along with funding for those
efforts. The BSCC shall assess and make recommendations for
the coordination of the state's programs, strategies, and
funding that address gang and youth violence in a manner
that maximizes the effectiveness and coordination of those
programs, strategies, and resources. The BSCC shall
communicate with local agencies and programs in an effort
to promote the best practices for addressing gang and youth
violence through suppression, intervention, and prevention;
and,
h) Collect from each county the plan submitted for the
implementation of the 2011 public safety realignment within
two months of adoption by the county boards of supervisors.
Commencing January 1, 2013, and annually thereafter, the
BSCC shall collect and analyze available data regarding the
implementation of the local plans and other outcome-based
measures, as defined by the board in consultation with the
Administrative Office of the Courts, the Chief Probation
Officers of California, and the California State Sheriffs
Association. By July 1, 2013, and annually thereafter, the
BSCC shall provide to the Governor and the Legislature a
report on the implementation of the plans described above.
(Operative July 1, 2012.) ÝPenal Code Section 6027(b).]
9)Provides that the BSCC may do either of the following:
a) Collect, evaluate, publish, and disseminate statistics
AB 526
Page 5
and other information on the condition and progress of
criminal justice in the state; or,
b) Perform other functions and duties as required by
federal acts, rules, regulations, or guidelines in acting
as the administrative office of the state planning agency
for distribution of federal grants. (Operative July 1,
2012.) ÝPenal Code Section 6027(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author," This bill would
implement the recommendations of the AAR ÝAccountability and
Administrative Review] Committee and the OGYVP ÝOffice of Gang
and Youth Violence Policy]. Specifically, AB 526 requires the
BSCC to: (1) identify delinquency and gang prevention grants
that have similar purposes, targeting similar populations, and
combine them into a unified grant application process; (2)
develop incentives for local agencies to form regional
partnerships and pool their gang intervention and prevention
grant funds; and (3) develop a plan to ensure that within 3
years 85% of state gang intervention/prevention funding
allocated by BSCC be utilized by programs that operate
according to evidenced based practices and principles.
"As of January 1, 2012, the BSCC assumes responsibility of OGYVP
functions. However, BSCC's enabling statute does not address
the need to focus gang intervention/prevention funding on
evidenced based programs, nor streamline the application
process, and encourage regional partnerships. AB 526 would
make clear that these requirements be part of the BSCC grant
making process.
"The AAR Committee and the Select Committee on Delinquency
Prevention and Youth Development have found that the State
spends in excess of $1 billion annually on youth crime
prevention and Juvenile Justice funding, with about 75% of
that money coming from state coffers. Despite these
expenditures, the state has little ability to determine which
programs have been the most effective at preventing youth
crime and lowering recidivism rates among juvenile offenders.
Evidenced based programs, however, have been independently
evaluated and proven to be effective in studies comparing
AB 526
Page 6
program participants to a control group, and then replicated
by others with similar successful outcomes. By focusing gang
prevention/intervention funding on such programs, per AB 526
provisions, the state is more likely to get a better return on
its investment.
"Additionally, 17 different state agencies allocate funding to
programs addressing juvenile justice, delinquency and youth
development, but with little coordination and collaboration
among them. The grant process is often duplicated many times
over for applicants, and the many funding silos prevent
achieving program synergies among grant recipients. AB 526
will initiate consolidating the grant process, beginning with
the BSCC, thereby reducing local frustration in having to file
multiple grant applications for program with similar
objectives, and utilize program dollars more efficiently and
effectively. Over time, what starts at the BSCC, can be
replicated by other agencies funding juvenile justice
programs."
2)Argument in Support : According to the California Cities Gang
Prevention Network , "We agree that AB 526 should require the
Board of State and Community Corrections (BSCC) to identify
grants that have similar purposes and target similar
populations in order to fold these into a unified grant
application. We also agree that this grant should provide
incentives for regional partnerships, and that a bulk of gang
intervention/prevention funding rest on evidenced-based
practices principles. Nevertheless, we also have five
recommendations:
a) "The establishment of a mechanism, such as a clearing
house to serve as a repository of what works and doesn't
work, as well as a source for helpful contacts for
technical assistance and available resources.
b) "The establishment of an advisory committee or
coordinating council made of key state agencies in order to
help effect coordinated funding streams, unified grant
applications, and common timelines.
c) "That the reliance on evidence-based program allow also
for innovation that could result in producing the next
generation of evidence-based programs.
AB 526
Page 7
d) "That smaller jurisdictions unable to afford
evidence-based program be allowed to create smaller,
affordable strategies based on evidenced based principles,
and,
e) "That sufficient funding is made available for training,
implementation and tracking of results."
3)Prior Legislation :
a) SB 92 (Budget and Fiscal Review Committee), Chapter 36,
Statutes of 2011, starting July 1, 2012, eliminates the
CSA, and assigns its former duties to the newly created
12-member BSCC and assigns additional duties, as provided.
SB 92 abolished funding for the OGYVP in the Fiscal Year
2011-12 budget and BSCC will assume responsibility of OGYVP
functions.
b) SB 1381 (Nunez), Chapter 459, Statutes of 2007
established the OGYVP, which was responsible for
coordinating and assisting various persons and entities
with strategies to prevent violence and gang involvement.
SB 1381 was repealed on January 1, 2012.
REGISTERED SUPPORT / OPPOSITION :
Support
California Cities Gang Prevention Network
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744