BILL ANALYSIS �
AB 1238
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Date of Hearing: April 16, 2013
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1238 (Weber) - As Introduced: February 22, 2013
As Proposed to be Amended in Committee
SUMMARY : Requires that the Department of Corrections and
Rehabilitation (CDCR) to establish up to five reentry work
training programs for parolees between 18 and 24 years of age to
assist in community reintegration upon discharge from prison.
Specifically, this bill :
1)Specifies that the reentry programs would include construction
training, academic services, counseling and mentoring, and
tracking of graduates after completion of the program.
2)Requires CDCR maintain statistical information related to the
reentry programs and report to the Legislature, as specified.
3)Provides that these provisions would be repealed on January 1,
2017.
EXISTING LAW :
1)States that release on parole is a conditional and
transitional legal period for all prisoners on release from
California prison after serving their sentence. (Penal Code
Section 3000.) Defines the purpose of the parole system is
reformatory in purpose. The objective of parole is to
mitigate the rigor of the prison system and to allow the
prisoner to reenter society by replacing continued
incarceration with conditional freedom controlled by BPH
regulations. [Penal Code Section 3056; People v. Denne (1956)
141CalApp3d 499, 507.] Parole provides a testing period for
the reintegration of the prisoner into society. [ In Re
Carahes (1983) 144 Cal.App.3d 927, 931.]
2)Provides that any parolee, although no longer confined in
prison, must comply with extensive restrictions imposed on his
or her freedom. [ People v. Burgener (1986) 41 C3d 505, 531.]
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3)Allows parole for both determinately sentenced prisoners who
have served their terms and have been released and
indeterminately sentenced prisoners serving sentences of life
with the possibility of parole who have been granted parole
and released. (Penal Code Section 3000.)
4)Administration of the parole system is shared by two separate
state agencies, the Board of Parole Hearings (BPH) and CDCR.
a) Grants sole authority over revocation and waiver of
parole to BPH. [Penal Code Section 3000(a), 3052, and
5077.]
b) Termination and early parole functions are shared
between BPH and CDCR. [Penal Code Section 3001(a).]
c) Empowers CDCR with jurisdiction to make rules and
regulations for administration of parole. (Penal Code
Section 5058.)
5)Directs the CDCR to establish three pilot programs for
intensive training and counseling programs for female parolees
to assist in the successful reintegration into the community
upon release from custody following in-prison therapeutic
community drug treatment. [Penal Code Section 3054(a)(1).]
6)Provides that the services offered in the above pilot programs
may include, but shall not be limited to, drug and alcohol
abuse treatment, cognitive skills development, education, life
skills, job skills, victim impact awareness, anger management,
family reunification, counseling, vocational training and
support, residential care, and placement in affordable housing
and employment opportunities. [Penal Code Section
3054(b)(1).]
7)Provides that CDCR shall operate the Preventing Parolee Crime
Program with various components including, at a minimum,
residential and non-residential multi-service centers,
literacy laboratories, drug treatment networks and job
placement assistance for parolees. [Penal Code Section
3068(a).]
8)Provides that prisoners on parole shall remain under the legal
custody of CDCR and shall be subject at any time to being
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taken back within the enclosure of the prison. (Penal Code
Section 3056.)
9)Provides that Board of Parole Hearings (BPH) has the power to
establish and enforce parole rules and regulations. (Penal
Code Section 3052.)
10)Provides that BPH has full authority to suspend or revoke any
parole, and to order returned to prison any prisoner upon
parole. (Penal Code Section 3060.)
11)Allows revocation of parole only for cause, and provides for
a revocation hearing. Depending upon the severity and
complexity of the allegations considered in the hearing, the
parolee may be entitled to the assistance of counsel if
fairness so requires. (Penal Code Sections 3063, 3063.5 and
3063.6; California Code of Regulations Sections 3901.21.10 and
3901.27.)
12)Provides that any person returned to prison after revocation
of parole may be held for 12 months and an additional 12
months for prison misconduct. The person shall then be
released on parole for the balance of the period of parole
unserved at the time of return to prison. (Penal Code Section
3057.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Steady
employment is known to be an essential element in keeping
former offenders out of prison and on the right track for
successful reintegration into society. Proper planning and
structure is important for those recently released from
detention. This need for preparation and programming is even
more crucial for youth offenders. AB 1238 would continue
supporting proven reentry programs that have proven successful
in reaching and preparing youth ages 16-24 for reentry into
society.
The California Youth Offender Reentry Project (CAL-YOR) has
many success stories and AB 1238 promotes continued support
for the State's most effective reentry programs. However, this
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program received one-time funding. CAL-YOR is the ONLY
competitive grant program for juvenile reentry. This bill
would extend the program and put it into statute so that it
remains an option for juveniles who want to change paths.
Funding will be a year to year battle but at least the
program, which has proven effective, will be stable.
"AB 1238 creates a strict reentry plan with concrete deadlines
to ensure youth recently release do not languish without
support or direction. Youth will be pre-enrolled into a
CAL-YOR program during their final 30 days in a State
correctional facility. Once released, the program ensures that
the youth begin their job training programs within 72 hours
after release. In order to provide comprehensive support, the
program provide classroom instruction to help youth receive
their GED (or its equivalent), it provides intense personal
responsibility counseling, and requires youth to rebuild the
communities they once victimized.
"AB 1238 is another step in providing essential support to our
troubled youth by reducing recidivism and encouraging
successful reentry."
2)Background : According to the background provided by the
author, "Currently, youth recently released from juvenile
detention are placed on a strict behavior requirements outline
that must be followed. However, it has been shown very
unlikely for these youth to remain true to these behavior
requirements without firm systems and programs set in place.
This bill would continue proven reentry programs that
establish an intense reentry project. The released youth would
be pre-enrolled into these reentry programs 30 days before
release and required to begin participation in a job training
program within 72 hours of release. Furthermore, this program
provides personal responsibility counseling and requires the
youth to rebuild the communities they once victimized."
3)Division of Juvenile Justice Interim Report : According to the
Center on Public Policy Research, in its Interim Report,
"California Department of Corrections and Rehabilitation
Division of Juvenile Justice Community Reentry Challenge Grant
Program Evaluation":
"On July 12, 2006, AB 1806 was approved by the Governor of
California. This legislative mandate emphasized the need to
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enhance and further elaborate on the resources necessary for
essential service provision and treatment for juvenile
parolees being released from confinement. The stated intent
of AB 1806 is to direct attention to issues of post-custodial
reentry that would improve parolee performance (notably, the
reduction of recidivism), pilot innovative reentry programs
focusing upon rehabilitation, and achieve greater program
cost-effectiveness. To achieve these goals, local
infrastructure, which could provide comprehensive reentry
services through multi-agency collaborations, would be
developed. Ultimately, the major focus of the legislation is
to reduce recidivism among youthful offenders through
supportive programs across a continuum of care.
"In response to AB 1806, the CDCR Division of Juvenile Justice
(DJJ) contracted $9.5M to Community Based Organizations
(501)(c) (3) non-profit status and Counties on June 29, 2007.
Out of 40 applicants, five grantees located throughout the
state, were awarded. These five grantees demonstrated
innovative, collaborative, and comprehensive approaches to the
successful reintegration of juvenile parolees and county
probationers returning from commitment or out-of-home
placement. These grantees are: Phoenix House (PIY);
Prototypes Project Youth Embrace (PYE); Sacramento Employment
and Training Agency (SETA); Youth Employment Partnership
(YEP), and; YouthBuild (YB).
"Once the grants were awarded, a minimum of seventy-five percent
of the funding was provided for services to DJJ parolees and
the remaining amount for services to youthful offenders
transitioning back into the community from county or local
juvenile court-operated out-of-home placements. All grantees
were required to develop comprehensive (wraparound) reentry
services as part of the program plan.
"DJJ was required to work with the juvenile court and probation
department in each grant service area, both to identify state
and local case supervision responsibilities and to develop a
case supervision plan describing the role of local courts and
probation departments to facilitate individual reentry plans
and other grant-related activities. As part of the monitoring
process, grantees were asked to submit, on a quarterly basis,
data regarding recidivism rates, number of participants who
successfully completed parole, number of participants in
full-time or part-time employment, parolees' educational
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progress (whether vocational or academic), and the number of
parolees participating in substance abuse or mental health
treatment.
"Since most programs received their funding in the summer of
2007, insufficient time has elapsed for a complete portrayal
of the long-term outcomes anticipated in AB 1806. However, the
current interim report offers an initial and partial profile
of each agency's progress as of September 30, 2008. A final
report is due in March 2011. The Center for Public Policy
Research (CPPR) was contracted by DJJ to conduct the initial
evaluation, which occurred on-site at the Challenge Grant
agency locations and juvenile parole offices during November
and December 2008. As part of the evaluative process, CPPR
researchers interviewed: Program staff (e.g., directors, case
managers); key collaborative partners; supervising parole
agents; local parole agents, and; parolee focus groups.
Though this evaluation reflects data gathered by researchers
during this initial phase, it should not be considered a
comprehensive description of the Challenge Grant programs at
this time. Further data collection and validation will be
required to more fully represent the impact and outcomes of
these programs." [Center for Public Policy Research,
University of California, Davis, California Department of
Corrections and Rehabilitation Division of Juvenile Justice
Community Reentry Challenge Grant Program Evaluation (March
2009).]
4)Argument in Support : According to the California YouthBuild
Coalition , "The California Youthful Offender Reentry Project
(Cal-YOR) awards grants to community based organizations to
conduct innovative reentry programs that stress job training
and education to reduce recidivism rates and provide and
provide meaningful second chances to youth offenders. In
California, there are 25 YouthBuild programs, operated by
independent community-based organizations and public entities.
Each year, California Youthbuild programs statewide see an
average recidivism rate of less than 10%, significantly better
than the state rate of 70%.
"Specifically, AB 1238 allows for the pre-screening of young
offenders, between 18 and 24 years of age, 30 days prior to
their release from the Department of Juvenile Justice or
California Department of Corrections and Rehabilitation
facilities for reentry work training programs. For those who
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are eligible, they are enrolled into state and federally
approved job training programs, like Youthbuild, where they
receive classroom instruction to obtain their high school
diplomas or equivalent and are offered training in building
trades, counseling and mentoring. Participants of YouthBuild
programs spend half of their program hours helping to build or
refurbish affordable housing and/or improve the energy
efficiency of houses by installing technologies like
paneling."
5)Prior Legislation :
a) AB 2200 (Solorio), of the 2009-10 Legislative Session,
would have mandated the California Department of
Corrections and Rehabilitation (CDCR), to the extent funds
are appropriated, establish a reentry program specifically
targeting offenders who will be between 16 and 23 years of
age upon their release, parole, or discharge from either
state or county custody. AB 2200 failed passage in the
Assembly Appropriations Committee.
b) AB 1049 (Solorio), of the 2007-08 Legislative Session,
would have required CDCR to establish "Rebuilding Lives and
Communities Reentry Programs" for parolees between the ages
of 18 and 24 to assist 18- to 23-year-old parolees with
community reintegration in specified communities. AB 1049
was vetoed by the governor.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
California Catholic Conference
California Public Defenders Association
California YouthBuild Coalition
Drug Policy Alliance
National Association of Social Workers
Women in Non Traditional Employment Roles
Taxpayers for Improving Public Safety
Opposition
None
AB 1238
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Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744