BILL ANALYSIS Ó
AB 602
Page 1
Date of Hearing: April 7, 2015
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
602 (Gallagher) - As Amended April 6, 2015
SUMMARY: Requires the Board of State and Community Corrections
(BSCC) to collect and analyze data regarding recidivism rates of
all persons who receive a felony sentence or who are placed on
postrelease community supervision (PRCS), as specified.
Specifically, this bill:
1)Requires, commencing on and after July 1, 2016, BSCC, in
consultation with the Administrative Office of the Courts, the
California State Association of Counties, the California State
Sheriffs' Association, the California District Attorneys
Association, and the Chief Probation Officers of California,
to collect and analyze data regarding recidivism rates of all
persons who receive a felony sentence punishably by
imprisonment in county jail or who are placed on PRCS on or
after July 1, 2016.
2)Mandates that the data shall include, as it becomes available,
recidivism rates for these offenders one, two, and three years
after their release in the community.
3)States that BSCC shall make any data collected pursuant to
this paragraph available on the board's Internet Web site on a
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quarterly basis beginning on September 1, 2017.
EXISTING LAW:
1)Establishes, commencing July 1, 2012, BSCC and states that all
references to the Board of Corrections or the Corrections
Standards Authority shall refer to BSCC. (Pen. Code, § 6024,
subd. (a).)
2)States that the mission of BSCC shall include providing
statewide leadership, coordination, and technical assistance
to promote effective state and local efforts and partnerships
in California's adult and juvenile criminal justice system,
including addressing gang problems. This mission shall reflect
the principle of aligning fiscal policy and correctional
practices, including, but not limited to prevention,
intervention, suppression, supervision, and incapacitation, to
promote a justice investment strategy that fits each county
and is consistent with the integrated statewide goal of
improved public safety through cost-effective, promising, and
evidence-based strategies for managing criminal justice
populations. (Pen. Code, § 6024, subd. (b).)
3)Provides that it shall be the duty of BSCC 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. (Pen. Code, § 6027, subd. (a).)
4)Requires, commencing on and after July 1, 2012, BSCC, 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
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of first phase baseline and ongoing data collection
instruments to reflect the local impact of Public Safety
Realignment, 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. (Pen. Code, § 6027, subd. (b)(12).)
5)Authorizes BSCC to do either of the following:
a) Collect, evaluate, publish, and disseminate statistics
and other information on the condition and progress of
criminal justice in the state; or,
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. (Pen. Code, § 6027,
subd. (c).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "It is
imperative that we track the recidivism rates of offenders
who, before realignment, would have served their sentence in
prison, but now serve those sentences in county jails or being
released early. This is important data that is necessary to
evaluate the effects of realignment on public safety in our
communities and the effectiveness of rehabilitation programs.
"This bill builds on AB 1050 (Dickinson 2013) which required
the Board of State and Community Corrections to develop a
common definition of the term 'recidivism.' AB 602 requires
the Board, after July 1, 2016, to report the recidivism rates
of those either sentenced under, or receiving post-release
community supervision under the public safety realignment law.
Consistent with the Department of Corrections and
Rehabilitation's data for parolees, it would require this to
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be reported for those 1, 2, and 3 years after release.
Collecting and reporting recidivism data is an essential part
of evaluating the success of realignment and in identifying
any need for changes."
2)Background: BSCC was established, commencing July 1, 2012, by
SB 92 (Committee on Budget and Fiscal Review), Chapter 36,
Statutes of 2011. "From 2005 through 2012, BSCC was the
Correction Standards Authority, a division of CDCR. Prior to
that it was the Board of Corrections, an independent state
department. The BSCC is responsible for administering various
criminal justice grant programs and ensuring compliance with
state and federal standards in the operation of local
correctional facilities. It is also responsible for providing
technical assistance to local authorities and collecting data
related to the outcomes of criminal justice policies and
practices." (LAO, The 2013-14 Budget: The Governor's
Criminal Justice Proposals, p. 44 (Feb. 15, 2013).)
"In creating BSCC, the Legislature added two responsibilities to
the board's core mission: (1) assisting local entities to
adopt best practices to improve criminal justice outcomes and
(2) collecting and analyzing data related to criminal justice
outcomes in the state." (Id. at pp. 44-45.)
3)Effect of Realignment on Crime Rates: A fact sheet recently
released by Public Policy Institute of California (PPIC) on
the state's crime rates for 2013 shows that there was an
overall decrease in violent crime and property crime rates.
Specifically, the violent crime rate dropped by 6.5% in 2013,
to a 46-year low of 397 per 100,000 residents. As for
property crimes, after a noticeable uptick in 2012, the 2013
rate of 2,665 per 100,000 residents is down 3.9% from 2012 and
close to the 50-year low of 2,594 reached in 2011. The fact
sheet noted that crime rates vary by region and by category.
While some regions did experience increased crime rates, "41
of the state's 58 counties-including 14 of the 15 largest-saw
decreases in their violent crime rates in 2013" and "some of
the state's largest counties saw substantial decreases in
property crime rates in 2013. Orange and Fresno Counties both
observed double-digit drops (10% and 13.2% respectively),
while the property crime rate in Sacramento County decreased
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by 9.4%." (Lofstrom and Martin, Crime Trends in California,
PPIC (Nov. 2014)
[as of
Mar. 27, 2015].)
4)Argument in Support: According to the Long Beach Police
Officers Association, "AB 602 will provide sold data to law
enforcement agencies throughout California. This data will
allow the agencies to utilize an evidence-based approach in
dealing with these offenders while maintaining the safety of
all Californians."
5)Prior Legislation:
a) AB 2521 (Hagman), of the 2013-2014 Legislative Session,
would have required, commencing July 1, 2015, BSCC, in
consultation with specified stakeholders, to collect and
analyze data regarding recidivism rates of all persons who
are sentenced and released on or after July 1, 2015,
pursuant to 2011 realignment, as specified. This bill would
have required the data to be posted quarterly on the BSCC
website beginning September 1, 2016. AB 2521 was held on
the Senate Committee on Appropriations' Suspense File.
b) AB 1050 (Dickinson), Chapter 270, Statutes of 2013,
requires BSCC, in consultation with certain individuals
that represent or are selected after conferring with
specified stakeholders, to develop definitions of key
terms, which include, but are 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.
c) AB 526 (Dickinson), Chapter 850, Statutes of 2012,
requires BSCC to identify and consolidate gang intervention
and delinquency prevention programs and grants and focus
funding on evidenced-based practices.
d) SB 92 (Budget and Fiscal Review Committee), Chapter 36,
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Statutes of 2011, starting July 1, 2012, eliminates the
Corrections Standards Authority, and assigns its former
duties to the newly created 12-member BSCC and assigns
additional duties, as provided.
REGISTERED SUPPORT / OPPOSITION:
Support
California Public Defenders Association
Crime Victims United
Fraternal Order of Police
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Peace Officers Research Association of California
Santa Ana Police Officers Association
Sacramento County Deputy Sheriff's Association
Opposition
None
Analysis Prepared
by: Stella Choe / PUB. S. / (916) 319-3744