BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  AB 1050
          Author:   Dickinson (D)
          Amended:  7/2/13 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/25/13
          AYES:  Hancock, Anderson, Block, De Le�n, Knight, Liu, Steinberg
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR :  75-0, 5/9/13 (Consent) - See last page for vote


           SUBJECT  :    Board of State and Community Corrections

           SOURCE  :     Author


           DIGEST  :    This bill requires the Board of State and Community  
          Corrections (BSCC) to define key terms relevant to data  
          collection and evidence-based programs and practices, as  
          specified.

           ANALYSIS  :    

          Existing law:

          1. Enumerates specified duties for the BSCC, including requiring  
             it to do the following:

              A.    Collect and maintain available information and data  
                about state and community correctional policies,  
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                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.   
                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.

              B.    Develop recommendations for the improvement of  
                criminal justice and delinquency and gang prevention  
                activity throughout the state.

              C.    Identify, promote, and provide technical assistance  
                relating to evidence-based programs, practices, and  
                innovative projects consistent with the mission of BSCC.

              D.    Receive and disburse federal funds, and perform all  
                necessary and appropriate services in the performance of  
                its duties as established by federal acts.

              E.    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 BSCC.

              F.    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 in  
                adherence with all applicable federal guidelines and  
                mandates.

              G.    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.

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              H.    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.

              I.    Conduct evaluation studies of the programs and  
                activities assisted by the federal acts.

              J.    Identify and evaluate state, local, and federal gang  
                and youth violence suppression, intervention, and  
                prevention programs and strategies, along with funding for  
                those efforts.  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.  By January  
                1, 2014, BSCC shall develop funding allocation policies to  
                ensure that within three years no less than 70% of funding  
                for gang and youth violence suppression, intervention, and  
                prevention programs and strategies is used in programs  
                that utilize promising and proven evidence-based  
                principles and practices.  BSCC shall communicate with  
                local agencies and programs in an effort to promote the  
                best evidence-based principles and practices for  
                addressing gang and youth violence through suppression,  
                intervention, and prevention.

              AA.   Collect county criminal justice realignment plans  
                within two months of adoption by the county boards of  
                supervisors.  Commencing January 1, 2013, and annually  
                thereafter, BSCC shall collect and analyze available data  
                regarding the implementation of the local plans and other  
                outcome-based measures, as defined by the BSCC in  
                consultation with the Administrative Office of the Courts,  
                the Chief Probation Officers of California, and the  
                California State Sheriffs Association. 

              BB.   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.   

          2. Authorizes BSCC to do either of the following:  (a) collect,  

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             evaluate, publish, and disseminate statistics and other  
             information on the condition and progress of criminal justice  
             in the state, and (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.  

          This bill requires the BSCC in developing definitions of key  
          terms, including, but not limited to, "recidivism," "average  
          daily population," "treatment program completion rates," and any  
          other terms deemed relevant in order to facilitate consistency  
          in local data collection, evaluation, and implementation of  
          evidence-based practices, promising evidence-based practices,  
          and evidence-based programs, to consult with the following  
          stakeholders and experts:
           1. A county supervisor or county administrative officer,  
             selected after conferring with the California State  
             Association of Counties.

           2. A county sheriff, selected after conferring with the  
             California State Sheriffs' Association.

           3. A chief probation officer, selected after conferring with  
             the Chief Probation Officers of California.

           4. A district attorney, selected after conferring with the  
             California District Attorney's Association.

           5. A public defender, selected after conferring with the  
             California Public Defenders Association.

           6. The Secretary of the Department of Corrections and  
             Rehabilitation.

           7. A representative from the Administrative Office of the  
             Courts.

           8. A representative from a nonpartisan, nonprofit policy  
             institute with experience and involvement in research and  
             data relating to California's criminal justice system.

           9. A representative from a nonprofit agency providing  
             comprehensive reentry services.


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           Comments
           
          According to the Legislative Analyst's Office (LAO), the BSCC  
          was created with two core missions, including the collecting and  
          analyzing of data related to criminal justice outcomes in the  
          state.  While specifying data collection and analysis as BSCC  
          responsibilities, the LAO points out that the statute leaves it  
          up to the BSCC to determine how it might go about undertaking  
          this mission.

          Currently, BSCC distributes surveys to sheriffs who report  
          various statistics about their inmate populations, and  
          information related to the implementation of 2011 realignment.   
          BSCC intends to expand the types of data it collects and  
          eventually post the information it receives on-line.  However,  
          the LAO states that the surveys do not collect much information  
          on the outcomes of local Community Corrections Programs, such as  
          completion rates for treatment programs or offender recidivism  
          rates.

          In addition to being somewhat limited in the types of  
          information the BSCC surveys and collects, there is little, if  
          any guidance as to how the data should be collected, and the  
          specific measurements that should be used in the collection of  
          data.  In essence, the BSCC leaves it up to individual counties  
          to determine how to measure and report outcomes such as  
          recidivism, and drug treatment success.  For example, agencies  
          vary on the length of time they track offenders, whether they  
          count re-arrest or reconviction as recidivism, and whether they  
          continue to track offenders after they are discharged from  
          supervision.  This variation defeats the ability of  
          policy-makers and the public to determine how well any  
          particular county is doing, as compared to outcomes in other  
          counties and/or statewide averages.  In the end accountability  
          is circumscribed and it may be difficult to accurately  
          understand the effectiveness of public safety realignment.

          The LAO recommends that the BSCC develop a longer term data  
          collection strategy that promotes public safety by ensuring  
          policymakers have useful information for making decisions about  
          programs, policies and funding.  The LAO further recommends that  
          a principle role for the BSCC is to facilitate the collection of  
          data that promotes transparency and uniformity.


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          This bill is a step towards implementing the LAO recommendation  
          about BSCC realignment data collection, to ensure uniformity and  
          accountability.  Taking this step will enhance our ability to  
          understand what is and is not working and where efforts should  
          be focused to maximize the goals and objectives of public safety  
          realignment.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/2/13)

          American Civil Liberties Union
          California Council of Community Mental Health Agencies
          California District Attorneys Association
          California Probation, Parole and Correctional Association
          Chief Probation Officers of California
          Los Angeles County District Attorney
          Mental Health America of California




           ASSEMBLY FLOOR  :  75-0, 5/9/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,  
            Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Jones,  
            Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel  
            P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. P�rez
          NO VOTE RECORDED:  Donnelly, Holden, Logue, Waldron, Vacancy


          JG:k  8/12/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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