Amended in Assembly April 30, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1056


Introduced by Assembly Member Atkins

February 26, 2015


An act to add Article 5 (commencing with Section 6046) to Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to recidivism reduction, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1056, as amended, Atkins. Second Chance Program.

(1) Existing law establishes the Board of State and Community Corrections as an entity independent of the Department of Corrections and Rehabilitation, and authorizes the board to carry out various powers and duties relating to providing advice and leadership on criminal justice issues.

This bill would require the board tobegin delete establish and implementend deletebegin insert administerend insert abegin insert competitive grantend insert program that focuses on community-based solutions for reducing recidivism. The bill would establish minimum criteria for thebegin insert grantend insert program and would require the board to establish an Executive Steering Committee, composed ofbegin delete 11end deletebegin insert 13end insert members, as specified, tobegin delete developend deletebegin insert adoptend insert guidelines for thebegin delete administration ofend deletebegin insert submission of proposalsend insertbegin insert forend insert thebegin delete program.end deletebegin insert grant program, including threshold or scoring criteria, or both. Among other things, the bill would require those guidelines to prioritize proposals that advance principles of restorative justice while demonstrating a capacity to reduce recidivism, and that leverage certain other federal, state, and local funds orend insertbegin insert social investments.end insert The bill would define recidivism, for the purposes of these provisions, as a conviction of a new felony or misdemeanor committed withinbegin delete threeend deletebegin insert 3end insert years of release from custody or committed withinbegin delete threeend deletebegin insert 3end insert years of placement on supervision for a previous criminal conviction.

(2) The Safe Neighborhoods and Schools Act establishes within the State Treasury the Safe Neighborhoods and Schools Fund to receive moneys transferred from the General Fund in an amount equal to the savings resulting from the implementation of the act, as specified. The act requires that 65% of the moneys in the Safe Neighborhoods and Schools Fund be allocated the Board of State and Community Corrections to administer a grant program to public agencies aimed at supporting specified types of programs, including diversion programs, for people in the criminal justice system with an emphasis on programs that reduce recidivism, as specified.

This bill would create the Second Chance Fund in the State Treasury for the purpose of funding the above-described recidivism reduction program. The bill would require the Board of State and Community Corrections to deposit the above-described moneys it receives from the Safe Neighborhoods and Schools Fund into the Second Chance Fund. The bill would also authorize the Second Chance Fund to receive moneys from any other federal, state, or local grant, or from any private donation. The bill would prohibit the board from using the moneys in the fund to supplant existing programs and from spending more than 5% per year of the total moneys in the fund for administrative purposes.

The bill would require the board to administer these provisions, and moneys in the fund would be continuously appropriated to the board for expenditure for these purposes. By creating a continuously appropriated fund, this bill would make an appropriation.

(3) The Safe Neighborhoods and Schools Act provides that its provisions may be amended by a statute, passed by a 23 vote of each house of the Legislature and signed by the Governor, that is consistent with and furthers the intent of the act.

This bill would declare that its provisions further the intent of the Safe Neighborhoods and Schools Act.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) California voters approved Proposition 47, known as the
4Safe Neighborhoods and Schools Act of 2014. The measure was
5enacted to ensure that prison spending is focused on violent and
6serious offenses, to maximize alternatives forbegin delete non-violentend delete
7begin insert nonviolentend insert andbegin delete non-seriousend deletebegin insert nonseriousend insert crime, and to invest the
8resulting savings into prevention and support programs.

9(b) Research has shown that people in the criminal justice system
10disproportionately suffer from mental health issues and substance
11use disorders. Nationally, overbegin delete halfend deletebegin insert one-halfend insert of all people in prisons
12or jails have experienced a mental health issue within the last year,
13and overbegin delete halfend deletebegin insert one-halfend insert of women and 44 percent of men in jail
14have a drug or alcohol dependency.

15(c) People in the criminal justice system and formerly
16incarcerated individuals have difficulty securing housing and
17employment following their incarceration. These challenges are
18compounded for people living with mental health issues or
19substance use disorders.begin insert As a result, many formerly incarcerated
20people, especially those with mental health issues or substance
21abuse disorders experience homelessness. Experiencing
22homelessness greatly increases the likelihood that a formerly
23incarcerated person will recidivateend insert
begin insert.end insert

24(d) Offering people in the criminal justice system and formerly
25incarcerated individuals meaningful access to mental health
26services, substance use treatment services,begin insert housing,end insert housing-related
27job assistance, job skills training, and other community-based
28begin delete wrap-around socialend deletebegin insert supportiveend insert services has been shown to decrease
29the likelihood of future contact with law enforcement and the
30criminal justice system.

31(e) Prioritizing the state savings realized by the implementation
32of the Safe Neighborhoods and Schools Act of 2014 for projects
33that combine mental health services, substance use treatment
34services,begin insert housing,end insert housing-related job assistance, job skills training,
35and other community-basedbegin delete wrap-around socialend deletebegin insert supportiveend insert services
36will help the state meaningfully reduce recidivism.

37(f) By prioritizing projects that offer comprehensive
38interventions, the Legislature intends for public agencies,
P4    1begin delete non-profits,end deletebegin insert nonprofits,end insert and other community-based providers of
2services to people in the criminal justice system and formerly
3incarcerated individuals to leverage additional federal, state, and
4local funds for social investment resources.

5(g) The Legislature intends to promote the use of restorative
6justice principles in addressing recidivism.

7

SEC. 2.  

Article 5 (commencing with Section 6046) is added
8to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:

9 

10Article 5.  Second Chance Program
11

 

12

6046.  

(a) The purpose of this article is to build safer
13communities by investing in community-based programs, services,
14and initiatives for formerly incarcerated individuals in need of
15mental health and substance use treatment services.

16(b) The program established pursuant to this article shall be
17restricted to supporting mental health treatment, substance use
18treatment, and diversion programs for persons in the criminal
19justice system, with an emphasis on programs that reduce
20recidivism of persons convicted of less serious crimes, such as
21those covered by the Safe Neighborhoods and Schools Act of 2014,
22and those who have substance use and mental health problems.

23(c) The Board of State and Community Corrections shall
24administer abegin insert grantend insert program established pursuant to this article.

25

6046.1.  

For the purposes of this article, the following
26definitions shall apply:

27(a) “Board” means the Board of State and Community
28Corrections.

29(b) “Committee” means an Executive Steering Committee of
30the board.

31(c) “Fund” means the Second Chance Fund established pursuant
32to Section 6046.2.

begin insert

33(d) “Public agency” means a county, city, whether a general
34law city or a chartered city, or city and county, the duly constituted
35governing body of an Indian reservation or rancheria, a school
36district, municipal corporation, district, political subdivision, or
37any board, commission, or agency thereof, entities that are
38legislative bodies of a local agency pursuant to subdivision (c) or
39(d) of Section 54952 of the Government Code, a housing authority
40organized pursuant to Part 2 (commencing with Section 34200)
P5    1of Division 24 of the Health and Safety Code, a state agency, public
2district, or other political subdivision of the state, or any
3instrumentality thereof, which is authorized to engage in or assist
4in the development or operation of housing for persons and families
5of low or moderate income.

end insert
begin delete

6(d)

end delete

7begin insert(e)end insert “Recidivism” means a conviction of a new felony or
8misdemeanor committed within three years of release from custody
9or committed within three years of placement on supervision for
10a previous criminal conviction.

11

6046.2.  

(a) The Second Chance Fund is hereby created in the
12State Treasury. The board shall be responsible for administering
13the fund. Moneys in the fund are hereby continuously appropriated
14without regard to fiscal year for the purposes of this article.

15(b) (1) The Board of State and Community Corrections shall
16deposit the moneys disbursed to it pursuant to paragraph (3) of
17subdivision (a) of Section 7599.2 of the Government Code into
18the Second Chance Fund.

19(2) The Second Chance Fund may receive moneys from any
20other federal, state, or local grant, or from any private donation or
21grant, for the purposes of this article.

begin delete

22(c) The board shall not use moneys in the fund to supplant
23funding to existing programs, but may use moneys in the fund to
24expand the capacity of an existing program.

end delete
begin delete

25(d)

end delete

26begin insert(c)end insert The board shall not spend more than 5 percent annually of
27the moneys in the fund for administrative costs.

28

6046.3.  

(a) The board shallbegin delete establish and implementend deletebegin insert administerend insert
29 abegin insert competitive grantend insert program to carry out the purposes of this article
30that focuses on community-based solutions for reducing recidivism.
31Thebegin insert grantend insert program shall, at minimum, do all of the following:

32(1) Restrict eligibility tobegin delete projectsend deletebegin insert proposalsend insert designed to serve
33people who have been arrested, charged with, or convicted of
34criminal offense and have a history of mental health or substance
35usebegin delete problems.end deletebegin insert disorders.end insert

36(2) Restrict eligibility tobegin delete projectsend deletebegin insert proposalsend insert that offer mental
37health services, substance use disorder treatment services,
38misdemeanor diversion programs, or some combination thereof.

39(3) begin deletePrioritize projects end deletebegin insertRestrict eligibility to proposals that have
40a public agency as one of the applicants.end insert

P6    1begin insert(b)end insertbegin insertend insertbegin insertThe board shall create a committee to develop guidelines
2for administration of the grant program, consistent with the
3purposes of this article. The committee shall adopt guidelines for
4the submission of proposals, including threshold or scoring
5criteria, or both, that do all of the following:end insert

6begin insert(1)end insertbegin insertend insertbegin insertPrioritize proposalsend insert that advance principles of restorative
7justice while demonstrating a capacity to reduce recidivism.

begin delete

8(4)

end delete

9begin insert(2)end insert Prioritizebegin delete projectsend deletebegin insert proposalsend insert that leverage other federal,
10state, and local funds or other social investments, including, but
11not limited to, the following sources of funding:

12(A) The Drug Medi-Cal Treatment Program (22 Cal. Code Regs.
1351341.1, 51490.1, and 51516.1).

14(B) The Mental Health Services Act, enacted by Proposition 63
15at the November 2, 2004, general election, as amended.

16(C) Funds provided for in connection with the implementation
17of Chapter 15 of the Statutes of 2011.

18(D) The Community Corrections Performance Incentives Act
19(Stats. 2009, Ch. 608; Chapter 3 (commencing with Section 1228)
20of Title 8 of Part 2).

21(E) The tax credits established pursuant to Sections 12209,
2217053.57, and 23657 of the Revenue and Taxation Code.

23(F) The federal Department of Housing and Urban Development
24begin insert funds, such as theend insert Emergency Solutions Grant program (42 U.S.C.
25 Sec. 11371 et seq.).

26(G) The federal Department of Veterans Affairs Supportive
27Services for Veteran Families program (38 U.S.C. Sec. 2044).

28(H) Social Innovation Funds established by the Corporation for
29National and Community Service pursuant to Section 12653k of
30Title 42 of the United States Code.

31(I) The Edward Byrne Memorial Justice Assistance Grant
32Program (42 U.S.C. Sec. 3750 et seq.).

begin delete

33(5) Ensure program guidelines and terms provide threshold or
34scoring criteria, or both, that strongly prioritize project applications
35that ensure provision of the following:

end delete
begin insert

36(3) Prioritize proposals that provide for all of the following:

end insert

37(A) Mental health services, substance use disorder treatment
38services, misdemeanor diversion programs, or some combination
39thereof.

P7    1(B) Housing-related assistance that utilizes evidence-based
2models, including, but not limited to, those recommended by the
3federal Department of Housing and Urban Development.
4Housing-related assistance may include, but is not limited to, the
5following:

6(i) Financial assistance, including security deposits, utility
7payments, moving-cost assistance, and up to 24 months of rental
8assistance.

9(ii) Housing stabilization assistance, including case management,
10relocation assistance, outreach and engagement, landlord
11recruitment, housing navigation and placement, and credit repair.

12(C) Other community-basedbegin delete wrap-around services, including,
13but not limited to,end delete
begin insert supportive services, such asend insert job skills training,
14case management, and civil legal services.

begin delete

15(6) Promote proposals that place an emphasis on servicing
16persons arrested for, charged with, or convicted of a less serious
17offense, but with minimal restrictions related to their prior criminal
18history.

end delete
begin delete

19(7) Promote public and private partnerships.

end delete
begin delete

20(8) Promote proposals that include community-based
21philanthropic and non-profit organizations.

end delete
begin delete

22(9) Promote interagency

end delete
begin insert

23(4) Prioritize proposals that leverage existing contracts,
24partnerships, memoranda of understanding, or other formal
25relationships to provide one or more of the services prioritized in
26paragraph (3).

end insert
begin insert

27(5) Prioritize proposals put forth by a public agency in
28partnership with a philanthropic or nonprofit organization.

end insert

29begin insert(6)end insertbegin insertend insertbegin insertPrioritize proposals that promote end insertbegin insertinteragencyend insertbegin insert end insertand regional
30collaborations.

begin delete

31(10) 

end delete

32begin insert(7)end insertbegin insertend insert Considerbegin delete geographic diversity.end deletebegin insert ways to promote services
33for people with offenses identical or similar to those addressed by
34the Safe Neighborhoods and Schools Act of 2014, without
35precluding assistance to a person with other offenses in his or her
36criminal history.end insert

37begin insert(8)end insertbegin insertend insertbegin insert Consider geographic diversity.end insert

begin insert

38(9) Consider appropriate limits for administrative costs and
39overhead.

end insert
begin insert

40(10) Consider proposals that provide services to juveniles.

end insert
begin insert

P8    1(11) Permit proposals to expand the capacity of an existing
2 program and prohibit proposals from using the fund to supplant
3funding for an existing program.

end insert
begin delete

4(b)

end delete

5begin insert(c)end insert Thebegin delete board shall establish a committee to assist in developing
6guidelines for administration of the program established pursuant
7to subdivision (a) consistent with this article. Theend delete
committee shall
8consist ofbegin delete 11end deletebegin insert 13end insert members and shall be composed as follows:

9(1) A formerly incarcerated individual who has received or is
10receiving mental health or substance use disorder treatment.

begin insert

11(2) A family member of a current or formerly incarcerated
12individual.

end insert
begin delete

13(2)

end delete

14begin insert(3)end insert A mental healthbegin delete expert.end deletebegin insert expert, appointed by the Senate
15Committee on Rules.end insert

begin delete

16(3)

end delete

17begin insert(4)end insert A substance use disordersbegin delete expert.end deletebegin insert expert, appointed by the
18Speaker of the Assembly.end insert

begin delete

19(4)

end delete

20begin insert(5)end insert A housing programs expert.

begin delete

21(5) A homelessness prevention expert.

end delete
begin insert

22(6) An expert on homelessness.

end insert
begin delete

23(6) 

end delete

24begin insert(7)end insertbegin insertend insert Two community-basedbegin delete socialend deletebegin insert supportiveend insert service providers
25with experience in providing services to formerly incarcerated
26individuals and reducing recidivism.

begin delete

27(7) A public safety expert.

end delete
begin insert

28(8) A community supervision expert.

end insert
begin delete

29(8) 

end delete

30begin insert(9)end insertbegin insertend insert An academic expert with a history of research and expertise
31on the best practices for reducing recidivism.

begin delete

32(9)

end delete

33begin insert(10)end insert A member of the board.

begin insert

34(11) A public agency administrator.

end insert
begin delete

35(10) 

end delete

36begin insert(12)end insertbegin insertend insert An additional expert, to be selected by the board.

P9    1

SEC. 3.  

The Legislature finds and declares that this act furthers
2the intent of the Safe Neighborhoods and Schools Act enacted by
3Proposition 47 at the November 4, 2014, general election.



O

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