Amended in Assembly May 21, 2015

Amended in Assembly April 30, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1056

Introduced by Assembly Member Atkins

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(Principal coauthor: Senator De León)

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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 to administer a competitive grant program that focuses on community-based solutions for reducing recidivism. The bill would establish minimum criteria for the grant program and would require the board to establish an Executive Steering Committee, composed of 13 members, as specified, to adopt guidelines for the submission of proposals for the 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 or social investments. The bill would define recidivism, for the purposes of these provisions, as a conviction of a new felony or misdemeanor committed within 3 years of release from custody or committed within 3 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 2⁄3 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: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) California voters approved Proposition 47, known as the
Safe Neighborhoods and Schools Act of 2014. The measure was
enacted to ensure that prison spending is focused on violent and
serious offenses, to maximize alternatives for nonviolent and
nonserious crime, and to invest the resulting savings into prevention
and support programs.

(b) Research has shown that people in the criminal justice system
disproportionately suffer from mental health issues and substance
use disorders. Nationally, over one-half of all people in prisons or
jails have experienced a mental health issue within the last year,
and over one-half of women and 44 percent of men in jail have a
drug or alcohol dependency.

(c) People in the criminal justice system and formerly
incarcerated individuals have difficulty securing housing and
employment following their incarceration. These challenges are
compounded for people living with mental health issues or
substance use disorders. As a result, many formerly incarcerated
people, especially those with mental health issues or substance
abuse disorders experience homelessness. Experiencing
homelessness greatly increases the likelihood that a formerly
incarcerated person will recidivate.

(d) Offering people in the criminal justice system and formerly
incarcerated individuals meaningful access to mental health
services, substance use treatment services, housing, housing-related
job assistance, job skills training, and other community-based
supportive services has been shown to decrease the likelihood of
future contact with law enforcement and the criminal justice
system.

(e) Prioritizing the state savings realized by the implementation
of the Safe Neighborhoods and Schools Act of 2014 for projects
that combine mental health services, substance use treatment
services, housing, housing-related job assistance, job skills training,
and other community-based supportive services will help the state
meaningfully reduce recidivism.

(f) By prioritizing projects that offer comprehensive
interventions, the Legislature intends for public agencies,
nonprofits, and other community-based providers of services to
people in the criminal justice system and formerly incarcerated
individuals to leverage additional federal, state, and local funds
for social investment resources.

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

SEC. 2.  

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

 

Article 5.  Second Chance Program

 

6046.  

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

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

(c) The Board of State and Community Corrections shall
administer a grant program established pursuant to this article.

6046.1.  

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

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

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

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

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

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

6046.2.  

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

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

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

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

6046.3.  

(a) The board shall administer a competitive grant
program to carry out the purposes of this article that focuses on
community-based solutions for reducing recidivism. The grant
program shall, at minimum, do all of the following:

(1) Restrict eligibility to proposals designed to serve people
who have been arrested, charged with, or convicted of criminal
offense and have a history of mental health or substance use
disorders.

(2) Restrict eligibility to proposals that offer mental health
services, substance use disorder treatment services, misdemeanor
diversion programs, or some combination thereof.

(3) Restrict eligibility to proposals that have a public agency as
begin delete one of the applicants. end delete begin insert the lead applicant. end insert

(b) The board shall create a committee to develop guidelines
for administration of the grant program, consistent with the
purposes of this article. The committee shall adopt guidelines for
the submission of proposals, including threshold or scoring criteria,
or both, that do all of the following:

(1) Prioritize proposals that advance principles of restorative
justice while demonstrating a capacity to reduce recidivism.

(2) Prioritize proposals that leverage other federal, state, and
local funds or other social investments, begin delete including, but not limited
to, end delete begin insert such as end insert the following sources of funding:

(A) The Drug Medi-Cal Treatment Program (22 Cal. Code Regs.
51341.1, 51490.1, and 51516.1).

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

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

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

(E) The tax credits established pursuant to Sections 12209,
17053.57, and 23657 of the Revenue and Taxation Code.

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

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

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

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

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

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

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

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

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

(C) Other community-based supportive services, such as job
skills training, case management, and civil legal services.

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

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

(6) Prioritize proposals that promote interagency and regional
collaborations.

(7) Consider ways to promote services for people with offenses
identical or similar to those addressed by the Safe Neighborhoods
and Schools Act of 2014, without precluding assistance to a person
with other offenses in his or her criminal history.

(8)  Consider geographic diversity.

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

(10) Consider proposals that provide services to juveniles.

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

(c) The committee shall consist of 13 members and shall be
composed as follows:

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

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

(3) A mental health expert, appointed by the Senate Committee
on Rules.

(4) A substance use disorders expert, appointed by the Speaker
of the Assembly.

(5) A housing programs expert.

(6) An expert on homelessness.

(7) Two community-based supportive service providers with
experience in providing services to formerly incarcerated
individuals and reducing recidivism.

(8) A community supervision expert.

(9) An academic expert with a history of research and expertise
on the best practices for reducing recidivism.

(10) A member of the board.

(11) A public agency administrator.

(12) An additional expert, to be selected by the board.

SEC. 3.  

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