BILL NUMBER: AB 1920 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JUNE 12, 2014
INTRODUCED BY Assembly Member Campos
FEBRUARY 19, 2014
An act to add and repeal Title 15.5 (commencing with
Section 97000) of the Government Code, and to amend Section
6027 of the Penal Code, relating to corrections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1920, as amended, Campos. Board of State and Community
Corrections.
Existing law establishes the Board of State and Community
Corrections to collect and maintain available information and data
about state and community correctional policies, practices,
capacities, and needs, as specified. Existing law also requires the
board 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.
This bill would specifically require that those services include
job training and employment opportunities, and that the target
population include at-risk youth.
The bill would also enact, only until January 1, 2020, the Social
Impact Partnerships Pilot Program, and would require the board to
administer the program. The bill would authorize the Chair of the
Board of State and Community Corrections, upon the appropriation of
sufficient funds by the Legislature, to enter into "social impact
partnerships," which would be defined as contracts for services
provided to address a defined demographic group's particular needs
that are traditionally addressed through state programs. The bill
would authorize the chair to identify and submit proposed social
impact partnerships to specified members of the Legislature beginning
in 2015, and would require the chair to report annually to the
Governor and Legislature on the status of each ongoing social impact
partnership. The bill would also require the chair to consult with
the appropriate state agency or department responsible for
administering a state program that would be affected by the proposed
social impact partnership. The bill would create the Social
Innovation Financing Trust Fund in the State Treasury and require
that all funds appropriated by the Legislature for purposes of the
program, as specified, be deposited into the fund.
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. Title 15.5 (commencing with Section
97000) is added to the Government Code, to read:
TITLE 15.5. Social Impact Partnerships Pilot Program
97000. For purposes of this title, the following definitions
apply:
(a) "Board" means the Board of State and Community Corrections.
(b) "Chair" means the Chair of the Board of State and Community
Corrections.
(c) "Social impact partnership," which may also be known and
referred to as a "pay for success contract," refers to a contract for
services provided to address a defined demographic group's
particular needs that are traditionally addressed through state
programs, and funding for those programs, and that are entered into
in order to improve outcomes and lower costs because payment is made
only after measured results are achieved.
97001. (a) There is hereby established the Social Impact
Partnerships Pilot Program.
(b) The board shall administer the Social Impact Partnerships
Pilot Program.
(c) (1) The chair may identify and submit proposed social impact
partnerships to the chairs of the Senate and Assembly budget
committees and the chairs of the relevant subcommittee for
consideration with the May Revision of the Governor's Budget each
year beginning in 2015.
(2) Before submitting a proposed social impact partnership
pursuant to paragraph (1), the chair shall consult with the
appropriate state agency or department responsible for administering
a state program that would be affected by the proposed social impact
partnership.
(3) At a minimum, each submission shall include all of the
following:
(A) A description of the proposed social program.
(B) A description of the organization's experience in providing
the proposed social program.
(C) A description of the financial stability of the organization.
(D) An identification of each component of the social program to
be provided.
(E) A description of the manner in which the social services will
be provided.
(F) A description of the recruitment or selection process, or
both, for participants in the social program.
(G) The proposed quantifiable results upon which success of the
social program will be measured.
(H) An itemization of all expenses proposed to be reimbursed under
the contract.
97002. (a) Upon appropriation of sufficient funds by the
Legislature, the chair shall enter into a contract with the approved
applicant.
(b) Each contract shall include all of the following:
(1) A requirement that the payment be conditioned on the
achievement of specific outcomes based upon defined performance
targets.
(2) An objective process by which an independent evaluator,
selected by the chair, will determine whether the performance targets
have been achieved.
(3) A calculation of the amount and timing of payments that would
be earned by the service provider during each year of the agreement
if performance targets are achieved as determined by the independent
evaluator.
(4) A determination by the chair that the contract will result in
significant performance improvements and budgetary savings across
impacted agencies or departments if the performance targets are
achieved.
(c) The chair shall not enter into any contract that exceeds the
funds appropriated for it by the Legislature.
97003. (a) The Social Innovation Financing Trust Fund is hereby
created in the State Treasury. All funds appropriated by the
Legislature pursuant to Section 97002 shall be deposited into the
Social Innovation Financing Trust Fund.
(b) Social impact partnership contracts entered into by the board
with approved applicants shall be paid from the Social Innovation
Financing Trust Fund.
97004. (a) The board may adopt regulations to implement this
title.
(b) The board shall adopt a reasonable application fee that is
sufficient to cover the expenses incurred by the board in processing
the application.
97005. (a) The chair shall report annually to the Governor and
Legislature on the status of each ongoing social impact partnership,
including, but not limited to, a description of the desired outcome
and an overview of the independent evaluator's findings. The report
shall also contain an accounting of the Social Innovation Financing
Trust Fund.
(b) A report made pursuant to this section shall be made in
accordance with the requirements of Section 9795.
(c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
97006. This title shall not create a statutory entitlement to
services or any contractual obligation on the part of the state.
97007. This title shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. SECTION 1. Section 6027 of
the Penal Code is amended to read:
6027. (a) It shall be the duty of the Board of State and
Community Corrections 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 board 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 well as information and data
concerning promising and evidence-based practices from other
jurisdictions.
(b) Consistent with subdivision (c) of Section 6024, the board
shall also:
(1) Develop recommendations for the improvement of criminal
justice and delinquency and gang prevention activity throughout the
state.
(2) Identify, promote, and provide technical assistance relating
to evidence-based programs, practices, and promising and innovative
projects consistent with the mission of the board.
(3) Develop 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. In developing these
definitions, the board shall consult with the following stakeholders
and experts:
(A) A county supervisor or county administrative officer, selected
after conferring with the California State Association of Counties.
(B) A county sheriff, selected after conferring with the
California State Sheriffs' Association.
(C) A chief probation officer, selected after conferring with the
Chief Probation Officers of California.
(D) A district attorney, selected after conferring with the
California District Attorneys Association.
(E) A public defender, selected after conferring with the
California Public Defenders Association.
(F) The Secretary of the Department of Corrections and
Rehabilitation.
(G) A representative from the Administrative Office of the Courts.
(H) A representative from a nonpartisan, nonprofit policy
institute with experience and involvement in research and data
relating to California's criminal justice system.
(I) A representative from a nonprofit agency providing
comprehensive reentry services.
(4) Receive and disburse federal funds, and perform all necessary
and appropriate services in the performance of its duties as
established by federal acts.
(5) 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.
(6) 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.
(7) 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.
(8) Develop incentives for units of local government to develop
comprehensive regional partnerships whereby adjacent jurisdictions
pool grant funds in order to deliver services, such as job training
and employment opportunities, to a broader target population,
including at-risk youth, and maximize the impact of state funds at
the local level.
(9) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
(10) 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 board 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, the board shall develop funding allocation policies to
ensure that within three years no less than 70 percent 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. The board 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.
(11) The board shall collect from each county the plan submitted
pursuant to Section 1230.1 within two months of adoption by the
county boards of supervisors. Commencing January 1, 2013, and
annually thereafter, the board 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 board shall provide to the
Governor and the Legislature a report on the implementation of the
plans described above.
(12) Commencing on and after July 1, 2012, the board, in
consultation with the Administrative Office of the Courts, the
California State Association of Counties, the California State
Sheriffs' Association, and the Chief Probation Officers of
California, shall support the development and implementation of first
phase baseline and ongoing data collection instruments to reflect
the local impact of Chapter 15 of the Statutes of 2011, specifically
related to dispositions for felony offenders and postrelease
community supervision. The board shall make any data collected
pursuant to this paragraph available on the board's Internet Web
site. It is the intent of the Legislature that the board promote
collaboration and the reduction of duplication of data collection and
reporting efforts where possible.
(c) The board may do either of the following:
(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
(2) 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.
(d) Nothing in this chapter shall be construed to include, in the
provisions set forth in this section, funds already designated to the
Local Revenue Fund 2011 pursuant to Section 30025 of the Government
Code.