California Legislature—2015–16 Regular Session

Assembly Bill No. 602

Introduced by Assembly Member Gallagher

February 24, 2015

An act to amend Section 6027 of the Penal Code, relating to corrections.

LEGISLATIVE COUNSEL’S DIGEST

AB 602, as introduced, Gallagher. Board of State and Community Corrections.

Existing law requires 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, in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association, to collect and analyze data regarding local plans implementing the 2011 public safety realignment.

This bill would require 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, to collect and analyze data regarding recidivism rates of all persons who receive a felony sentence punishable by imprisonment in county jail or who are placed on postrelease community supervision. The bill would also require the board to make this data available on the board’s Internet Web site.

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.  

Section 6027 of the Penal Code is amended to
read:

6027.  

(a)  begin delete It shall be the duty of the end delete begin insert The end insert Board of State and
Community Corrections begin delete to end delete begin insert shall end insert 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.

begin insert

(13) Commencing on and after July 1, 2016, 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 collect and analyze data regarding recidivism
rates of all persons who receive a sentence pursuant to paragraph
(2) or (5) of subdivision (h) of Section 1170 or who are placed on
postrelease community supervision on or after July 1, 2016. The
data shall include, as it becomes available, recidivism rates for
these offenders one, two, and three years after their release in the
community. The board shall make any data collected pursuant to
this paragraph available on the board’s Internet Web site on a
quarterly basis beginning on September 1, 2017. As used in this
paragraph, the term “recidivism” shall have the same meaning
as the definition of the term developed pursuant to paragraph (3).

end insert

(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.