BILL NUMBER: AB 1056 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 21, 2015
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Atkins
( Principal coauthor: Senator
De León )
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
one of the applicants. the lead applicant.
(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, including, but not
limited to, such as 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.