BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 826
Author: Atkins (D)
Amended: 8/31/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-1, 7/5/11
AYES: Hancock, Anderson, Calderon, Liu, Price, Steinberg
NOES: Harman
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : Not relevant
SUBJECT : Parolees: Integrated Services for Mentally Ill
Parolees
Program
SOURCE : Housing California
DIGEST : This bill enacts detailed statutory authority
for the California Department of Corrections and
Rehabilitation to create an Integrated Services for
Mentally Ill Parolees Program, as specified.
ANALYSIS : Existing law creates in state government the
Department of Corrections and Rehabilitation (CDCR), headed
by a secretary who is appointed by the Governor, subject to
Senate confirmation, and serves at the pleasure of the
CONTINUED
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Governor. CDCR consists of Adult Operations, Adult
Programs, Juvenile Justice, the Corrections Standards
Authority, the Board of Parole Hearings, the State
Commission on Juvenile Justice, the Prison Industry
Authority, and the Prison Industry Board. (Government Code
Section 12838 (a).)
Existing law generally provides that inmates serving a
determinate term of imprisonment shall be released on
parole for a period of three years. (Penal Code Section
3000.)
Existing law generally requires that as a condition of
parole, prisoners who have a severe mental disorder, as
specified, be evaluated and treated by the State Department
of Mental Health, and further requires that the State
Department of Mental Health provide the necessary
treatment. (Penal Code Section 2962.)
Existing law authorizes the Secretary of CDCR to enter into
a memorandum of understanding with the Administrative
Offices of the Courts for parolee reentry court programs
which shall, with the assistance of the parolee's parole
agent, direct the treatment and supervision of parolees who
would benefit from community drug treatment or mental
health treatment. (Penal Code Section 3015.)
Existing law authorizes CDCR to "obtain day treatment, and
to contract for crisis care services, for parolees with
mental health problems. Day treatment and crisis care
services should be designed to reduce parolee recidivism
and the chances that a parolee will return to prison. CDCR
shall work with counties to obtain day treatment and crisis
care services for parolees with the goal of extending the
services upon completion of the offender's period of
parole, if needed." (Penal Code Section 3073.)
This bill requires program contractors who, pursuant to
paragraph (8) of subdivision (a) of Section 7021.5 provide
day treatment and crisis care services for parolees with
mental health problems to report to CDCR on the outcomes of
services provided to participants. Reported outcomes shall
include, but not be limited to, all of the following:
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The number of participants served, the length, in days, of
the average, median, shortest, and longest periods of
consecutive days in which the participants participated in
the program, and the number of participants who were return
participants.
The types of services provided to program participants, and
the actual costs of the service and administration,
including, but not limited to, fund spent on case
management, supportive housing, transportation, mental
health treatment, and education.
The outcomes of participants, including the number of
participants who remain stably housed in permanent
supportive housing, the number of participants who ceased
to participate in the program and the reasons for that
cessation, and the number of participants who have been
arrested and dates of arrest.
The number of participants who successfully transitioned to
county mental health programs.
This bill requires CDCR to report by February 1, 2012, to
the chairpersons of the Joint Legislative Budget Committee,
the Assembly Budget Committee, the Senate Budget and Fiscal
Review Committee, the Assembly Public Safety Committee, the
Senate Public Safety Committee, the Assembly Housing and
Community Development Committee, the Senate Transportation
and Housing Committee, the Senate Appropriations Committee,
and the Assembly Appropriations Committee all of the
following information:
The information provided by program contractors pursuant
to subdivision (a).
The number of program participants who recidivate.
The recidivism rate of program participants compared to
the recidivism rate for Enhanced Outpatient Program and
correctional clinical Case Management System parolee
living in the same county who did not participate in the
program.
The annual cost of the program and the funding sources.
The average cost per participant.
Background
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As of December 2010, the statewide mentally ill parolee
population was 22,156. Mentally ill parolees account for
approximately 20 percent of the overall parolee population.
In California Fiscal Year (FY) 99/00, CDCR implemented the
Mental Health Services Continuum Program (MHSCP), which
provides pre-release planning and post-release treatment
for mentally ill parolees. The MHSCP consists of:
Transitional Case Management Program for the Mentally Ill
(TCMP-MI) . TCMP-MI consists of two contractors which
provide pre-release assessments for all inmates
identified as part of the prison's Mental Health Services
Delivery System. The services begin 90 days prior to
parole and conclude upon parole. TCMP-MI provides needed
information to the POC staff for intake and treatment
preparation.
Parole Outpatient Clinic (POC) . POC provides mental
health assessments and treatment upon and throughout
parole. Treatment consists of medication management,
group therapy, and individual therapy for parolees at
high risk of criminal behavior due to their mental
illness. POC conduct evaluations and provide services in
CDCR parole offices located throughout the State.
The MHSCP does not provide for supportive or
transitional housing, mental health board & care,
assisted living, crisis management beds, or in-patient
treatment. POC provides clinical services and
medication management solely on an outpatient basis.
On February 5, 2007, the Division of Adult Parole
Operations implemented a new program to assist in
recidivism reduction by providing increased frequency
of clinical services to mentally ill parolees upon
parole from prison. Upon parole, inmates designated
as:
Enhanced Outpatient Program is scheduled for eight
consecutive POC appointments which occur within 120
days of release from incarceration.
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Correctional Clinical Case Management System
parolees are scheduled for four consecutive POC
appointments which occur within 90 days of release
from incarceration.
At completion of the initial POC appointments that
mentally ill parolees attend upon parole, the frequency
and duration of continued outpatient mental health
treatment is determined by POC clinical staff.
This enhancement was approved as a result of
evidence-based research conducted by the University of
California, Los Angeles (UCLA), Integrated Substance
Abuse Programs. The UCLA research revealed a strong
positive relationship between the number of POC
sessions attended and recidivism risk. Specifically,
the greater number of POC contacts a mentally ill
parolee has, the less likely he or she is returned to
prison, and that enhancing retention in the program
would further reduce recidivism outcomes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/31/11)
California State Sheriffs Association
Disability Rights California
Housing California
ARGUMENTS IN SUPPORT : The author states, "By not
adequately targeting mentally ill parolees who are homeless
upon parole, the current ISMIP program will not make a big
enough impact on reducing recidivism (and the fiscal burden
that recidivism creates). When Senators Steinberg and
Lowenthal helped advocate for these resources to be
included in the CDCR budget in 2007, their vision was that
it would target homeless persons, because homelessness
drastically increases the chances of recidivism (many
homeless persons recidivate within the first 72 hours).
Furthermore, persons with mental illness are far more
likely to maintain stability in regards to medication when
stably housed.
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"I'm attaching information on how AB 2034 provided evidence
based outcomes for homeless mentally ill adults. This
legislation is modeled after that program, which allowed
for a "whatever it takes" array of services that included
housing to meet the needs of participants. The key section
of data I'm copying and pasting here:
In 2000, California began implementing AB 2034, a bill
known as "Systems of Care for Severely Mentally Ill
Homeless." This "whatever it takes" approach is
tailored to each individual and provides a home with
services, counseling, and whatever else is needed to
transition homeless people with mental illnesses from a
temporary shelter or the streets into a more stable,
sustainable living situation.
The program produced astounding results. Among the
4,900 participants there was a:
72% reduction in the number of days incarcerated.
67% reduction in the number of days spent homeless.
56% reduction in the number of days hospitalized.
65% increase in the number of days of full-time
employment.
280% increase in the number of individuals receiving
wages.
The results provide clear evidence that this method of
combining a permanent, affordable home with readily
available supportive services works for people who face
the most complex challenges: those who are not only
homeless, but also have serious, persistent mental
illness conditions and very low incomes.
RJG:do 8/30/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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