Amended in Assembly May 7, 2014

Amended in Assembly April 21, 2014

Amended in Assembly April 2, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2060


Introduced by Assembly Member V. Manuel Pérez

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(Coauthor: Assembly Member Skinner)

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February 20, 2014


An act to addbegin insert and repealend insert Chapter 4 (commencing with Section 1234)begin delete toend deletebegin insert ofend insert Title 8 of Part 2 of the Penal Code, relating to recidivism.

LEGISLATIVE COUNSEL’S DIGEST

AB 2060, as amended, V. Manuel Pérez. Supervised Population Workforce Training Grant Program.

Existing law defines probation to mean the suspension of the imposition or execution of a sentence of an individual convicted of a crime and the order of his or her conditional and revocable release in the community under the supervision of a probation officer. Existing law authorizes probation for some, but not all, felony convictions.

Existing law requires all eligible people released from prison on and after October 1, 2011, or, whose sentences have been deemed served, as provided, after serving a prison term for a felony, upon release from prison, and for a period not exceeding 3 years immediately following release, to be subject to postrelease community supervision provided by a county agency designated by each county’s board of supervisors that is consistent with evidence-based practices, including, but not limited to, supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under postrelease supervision. Existing law authorizes a court, when sentencing a person to county jail for a felony, to commit the person to county jail for either the full term in custody, as specified, or to suspend the execution of a concluding portion of the term selected at the court’s discretion. Under existing law, this period of suspended execution is supervised by the county probation officer and is known as mandatory supervision.

Existing law creates the Recidivism Reduction Fund in the State Treasury, available upon appropriation by the Legislature, for, among other things, activities designed to reduce recidivism of the state’s prison population.

This bill wouldbegin insert, until January 1, 2021,end insert establish the Supervised Population Workforce Training Grant Program to be administered, as provided, by the California Workforce Investment Board and funded, upon appropriation by the Legislature, using moneys from the Recidivism Reduction Fund. The billbegin insert, until January 1, 2021end insert, among other things, would provide grant program eligibility criteria for counties. The billbegin insert, until January 1, 2021,end insert would also provide that eligible uses for grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population, which would include individuals on probation, mandatory supervision, and postrelease community supervision. By January 1,begin delete 2017end deletebegin insert 2018end insert, the board would be required to submit a report to the Legislature containing specified information, including an evaluation of the effectiveness of the grant program.begin insert The bill would state findings and declarations of the Legislature.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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The Legislature finds and declares all the
2following:

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3(a) In order to meet the requirements of the federal court order
4in the matter sometimes referred to as Plata/Coleman v. Brown,
5(Case No. C01-1351) California is required to reduce the prison
6inmate population to 147.5 percent of design capacity by February
72016.

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P3    1(b) The court decision is the result of decades of litigation under
2two separate cases, which were brought together due to the severity
3of the impact of overcrowding on the inmate population.

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4(c) Over this time, the Legislature passed and the Governor
5signed a range of legislation. Most significantly, Assembly Bill
6109 (Chapter 15, Statutes of 2011), the 2011 Realignment
7Legislation addressing public safety, was enacted, which shifted
8to counties the responsibility for monitoring, tracking, and
9incarcerating lower level offenders previously sent to state prison.
10By mid-2013, more than 100,000 offenders had been diverted to
11county supervision instead of going to state prison.

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12(d) Recognizing that the state would need to take additional
13actions to meet the court order, the Legislature passed and the
14Governor signed legislation, Senate Bill 105 (Chapter 310, Statutes
15of 2013), which appropriated to the Department of Corrections
16and Rehabilitation $315 million in General Fund support in the
172013-14 fiscal year. These moneys were appropriated to be used
18for contracts to secure additional prison bed space, and, if an
19unexpended balance existed, the bill allowed for up to $75 million
20to be deposited in the Recidivism Reduction Fund. Program savings
21of 50 percent are also required to be transferred to the Recidivism
22Reduction Fund.

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23(e) Research shows that formerly incarcerated individuals do
24better and remain out of prison longer when they have training
25and a job with advancement opportunities. Obtaining quality jobs,
26however, is not realistic for many incarcerated individuals without
27additional training and education. This means that without
28successful workforce development programs, the supervised
29population is less likely to become contributors to our society and
30more likely to recidivate.

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31(f) The California Workforce Investment Board and local
32workforce investment boards can play an important role in
33identifying high-demand industry sectors in the state, and within
34regional economies. Further, these entities have the expertise to
35identify local workforce needs and help individuals receive training
36that will make them competitive within the local job market in
37which they live.

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38

begin deleteSECTION 1.end delete
39begin insertSEC. 2.end insert  

Chapter 4 (commencing with Section 1234) is added
40to Title 8 of Part 2 of the Penal Code, to read:

 

P4    1Chapter  4. Supervised Population Workforce Training
2Grant Program
3

 

4

1234.  

For purposes of this chapter, the following terms have
5the following meanings:

6(a) “California Workforce Investment Board” or “State WIB”
7means the California Workforce Investment Board established
8pursuant to Article 1 (commencing with Section 14010) of Chapter
93 of Division 7 of the Unemployment Insurance Code.

10(b) “Grant program” means the Supervised Population
11Workforce Training Grant Program.

12(c) “Recidivism Reduction Fund” means the Recidivism
13Reduction Fund created pursuant to Section 1233.9.

14(d) “Supervised population” means those persons who are on
15probation, mandatory supervision, or postrelease community
16supervision and are supervised by, or are under the jurisdiction of,
17begin deletetheend deletebegin insert aend insert county.

18

1234.1.  

(a) This chapter establishes the Supervised Population
19Workforce Training Grant Program to be administered by the
20California Workforce Investment Board.

21(b) The grant program shall bebegin delete competitive and open to all
22countiesend delete
begin insert developed and implementedend insert in accordance with the criteria
23set forth in Section 1234.3.begin insert In developing the program, the State
24WIB shall consult with public and private stakeholders, including
25local workforce investment boards, local governments, and
26nonprofit community-based organizations that serve the supervised
27population.end insert

28(c) The grant program shall be funded, upon appropriationbegin delete ofend delete
29begin insert byend insert the Legislature, using moneys from the Recidivism Reduction
30 Fund.begin insert Implementation of this program is contingent upon the
31director of the State WIB notifying the Department of Finance that
32sufficient moneys have been received.end insert

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33(d) The outcomes from the grant program shall be reported
34pursuant to Section 1234.4.

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35

1234.2.  

The State WIB shall administer the grant program as
36follows:

37(a) Develop criteria for the selection of grant recipients through
38a publicbegin insert applicationend insert processbegin insert, including, but not limited to, the
39rating and ranking of applications that meet the threshold criteria
40set forth in this sectionend insert
.

P5    1(b) Design the grant program applicationbegin insert processend insert to ensure all
2of the following occurs:

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3(1) There is fairness and competitiveness for smaller counties.

4(2) There is fair and equitable geographic distribution of grant
5funds.

6(3) There is greater consideration given to counties that have
7demonstrated a collaborative working relationship with local
8workforce investment boards and that currently have in place a
9workforce training program for the supervised population.

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10(1) Outreach and technical assistance is made available to
11eligible applicants, especially to small population and rural
12counties.

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13(2) Grants are awarded on a competitive basis.

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14(3) Small and rural counties are competitive in applying for
15funds.

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16(4) Applicants are encouraged to develop evidence-based, best
17practices for serving the workforce training and education needs
18of the supervised population.

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19(5) The education and training needs of both of the following
20are addressed:

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21(A) Individuals with some postsecondary education who can
22enter into programs and benefit from services that result in
23certifications, and placement on a middle skill career ladder.

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24(B) Individuals who require basic education as well as training
25in order to obtain entry level jobs where there are opportunities
26for career advancement.

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27

1234.3.  

(a) Each county is eligible to apply for the grant
28program funds.

29(b) (1) Preference shall be given to counties with demonstrated
30matching funding.

31(2) Matching funds may come from governmental or
32nongovernmental sources, including, but not limited to, local
33workforce investment boards, local governments, or private
34foundation funds.

35(c) Eligible uses of grant funds include, but are not limited to,
36vocational training, stipends for trainees, and apprenticeship
37opportunities for the supervised population.

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38begin insert

begin insert1234.3.end insert  

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(a) The grant program shall be competitively awarded
39through at least two rounds of funding, with the first phase of
40funding being awarded on or before May 1, 2015.

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P6    1(b) Each county is eligible to apply, and a single application
2may include multiple counties applying jointly. Each application
3shall include a partnership agreement between the county or
4counties and one or more local workforce investment boards that
5outline the actions each party agrees to undertake as part of the
6project proposed in the application.

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7(c) At a minimum, each project proposed in the application
8shall include a provision for an education and training assessment
9for each individual of the supervised population who participates
10in the project. The assessment may be undertaken by the applicant
11or by another entity. A prior assessment of an individual may be
12used if, in the determination of the State WIB, its results are
13accurate.

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14(d) Eligible uses of grant funds include, but are not limited to,
15vocational training, stipends for trainees, and apprenticeship
16opportunities for the supervised population. Supportive services
17and job readiness activities shall serve as bridge activities that
18lead to enrollment in long-term training programs.

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19(e) Preference shall be awarded to applications for the
20following:

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21(1) An application that proposes matching funds, including, but
22not limited to, moneys committed by local workforce investment
23boards, local governments, and private foundation funds.

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24(2) An application submitted by a county that currently
25administers or participates in a workforce training program for
26the supervised population.

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27(3) An application that proposes participation by one or more
28nonprofit community based organizations that serve the supervised
29population.

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30(f) An application shall meet the following requirements:

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31(1) Set a specific purpose for the use of the grant funds, as well
32as provide the baseline criteria and metrics by which the overall
33success of the grant project can be evaluated.

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34(2) Define the specific subset of the supervised population,
35among the eligible supervised population that the grant money
36will serve.

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37(3) Define the industry sector or sectors in which the targeted
38supervised population will be trained, including the current and
39projected workforce within the region for those jobs, the range of
P7    1wage rates, and the training and education requirements within
2those industry sectors.

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3(4) Define the general methodology and training methods
4proposed to be used and explain the manner in which the progress
5of the targeted supervised population will be monitored during
6the grant period.

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7(g) As a condition of receiving funds, a grant recipient shall
8agree to provide information to the State WIB in sufficient detail
9to allow the State WIB to meet the reporting requirements in
10Section 1234.4.

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11

1234.4.  

(a) begin deleteUpon end deletebegin insertOn at least an annual basis, and upon end insert
12completion of the grant period, grant recipients shall report to the
13State WIB regarding their use of the funds and workforce training
14program outcomes.

15(b) By January 1,begin delete 2017end deletebegin insert 2018end insert, the State WIB shall submit a report
16to the Legislature using the reports from the grant recipients. The
17report shall contain all the following information:

18(1) The overall success of the grant programbegin insert, based on the goals
19and metrics set in the awarded grantsend insert
.

20(2) An evaluation of the effectiveness of the grant program
21begin insert based on the goals and metrics set in the awarded grantsend insert.

22(3) A recommendation on the long-term viability of local
23 workforce investment board and county collaborations on
24workforce training programs for the supervised population.

25(4) A recommendation on the long-term viability of county
26workforce training programs for the supervised population.

27(5) In considering the overall success and effectiveness of the
28grant program, the report shall include a discussion of all of the
29following:

30(A) Whether the programs aligned with the workforce needs of
31high-demand sectors of the state and regional economies.

32(B) Whether there was an active job market for the skills being
33developed where the member of the supervised population was
34 likely to be released.

35(C) Whether the program increased the number of members of
36the supervised population that obtained a marketable and industry
37or apprenticeship board-recognized certification, credential, or
38degree.

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39(D) Whether the program increased the numbers of the
40supervised population that successfully complete a job readiness
P8    1basic skill bridge program and enroll in a long-term training
2program.

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3(D)

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4begin insert(E)end insert Whether there were formal or informal networks in the field
5that support finding employment upon release from custody.

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6(E)

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7begin insert(F)end insert Whether the program led to employment in occupations
8with a livable wage.

9(c) (1) The requirement for submitting a report imposed under
10subdivision (b) is inoperative on January 1, 2021, pursuant to
11Section 12031.5 of the Government Code.

12(2) A report to be submitted pursuant to subdivision (b) shall
13be submitted in compliance with Section 9795 of the Government
14Code.

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15

begin insert1234.5.end insert  

This chapter shall remain in effect only until January
161, 2021, and as of that date is repealed, unless a later enacted
17statute, that is enacted before January 1, 2021, deletes or extends
18that date.

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