BILL ANALYSIS Ó
AB 1056
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Ed Chau, Chair
AB 1056
(Atkins) - As Amended April 20, 2015
SUBJECT: Second Chance Program
SUMMARY: Establishes the Second Chance Program (the Program) 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. Specifically, this bill:
1)Includes legislative findings.
2)Directs the Board of State and Community Corrections (BSCC) to
administer the program.
3)Includes the following definitions:
a) "Board" means the BSCC;
b) "Committee" means an Executive Steering Committee of the
board;
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c) "Fund" means the Second Chance Fund; and
d) "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 of a previous criminal conviction.
1)Establishes Second Chance Fund (the Fund) within the State
Treasury.
2)Provides that the BSCC is responsible for administering the
Fund.
3)Continuously appropriates moneys in the Fund without regard to
fiscal year.
4)Directs the BSCC to deposit moneys disbursed to it by the
State Controller into the Fund.
5)Provides that the Fund can receive moneys from any other
federal, state and local grants or any private donation or
grants.
6)Provides that the BSCC cannot use moneys in the fund to
supplant funding to existing programs but can use moneys in
the fund to expand the capacity of existing programs.
7)Caps the amount the BSCC can spend on administrative costs at
5% annually.
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8)Requires BSCC to establish and implement a Program that
focuses on community-based solutions for reducing recidivism
and, at a minimum, does all of the following:
a) Restricts eligibility to projects designed to serve
people who have been arrested, charged with, or convicted
of criminal offenses and have a history of mental health or
substance use problems;
b) Restricts eligibility to projects that offer mental
health services, substance use disorder treatment services,
misdemeanor diversion programs, or some combination of
those;
c) Prioritizes projects that advance principles of
restorative justice while demonstrating a capacity to
reduce recidivism;
d) Prioritizes projects that leverage other federal, state,
and local funds or other social investments, including but
not limited to the following sources:
i. The Drug Medi-Cal Treatment Program;
ii. Mental Health Services Act (MHSA);
iii. Community Corrections Performance Incentives
Act;
iv. California Organized Investment Network (COIN)
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and Community Development Financial Institutions
(CDFI) Tax Credit Program;
v. Department of Housing and Urban Development
(HUD) Emergency Solutions Grant program;
vi. Department of Veterans Affairs Supportive
Services for Veterans Families program;
vii. Social Innovation Funds established by the
Corporation for National Community Service; and
viii. Edward Byrne Memorial Justice Assistance Grant
Program.
a) Ensures that Program guidelines and terms provide
threshold or scoring criteria, or both, that strongly
prioritize project applications that ensure provision of
the following:
i. Mental health services, substance use disorder
treatment services, misdemeanor diversion programs or
some combination of those;
ii. Housing-related assistance that utilizes
evidence-based models including but not limited to
those recommended by HUD, including but not limited
to:
a. Financial assistance, including security
deposits, utility payments, moving-cost assistance
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and up to 24 months of rental assistance;
b. Housing stabilization assistance,
including case management, relocation assistance,
outreach and engagement, landlord recruitment,
housing navigation and placement, and credit repair;
and
i. Other community-based and wrap-around
services, including but not limited to, job skills
training, case management, and civil legal services.
a) Promote proposals that place an emphasis on serving
persons arrested for, charged with or convicted of a less
serious offense, with minimal restrictions related to their
prior criminal history;
b) Promotes public and private partnerships;
c) Promotes proposals that include community-based
philanthropic and non-profit organizations;
d) Promotes interagency and regional collaborations;
e) Considers geographic diversity; and
f) Requires the BSCC to establish a committee consisting of
the following members, to assist in developing guidelines
for administering the program:
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i. A formerly incarcerated individual who has
received mental health or substance use disorder
treatment;
ii. A mental health expert;
iii. A substance use disorders expert;
iv. A housing programs expert;
v. A homelessness prevention expert;
vi. Two community-based social service providers
with experience in providing services to formerly
incarcerated individuals and reducing recidivism;
vii. A public safety expert;
viii. An academic expert with a history of research
and expertise on the best practices for reducing
recidivism;
ix. A member of the BSCC; and
x. An additional expert to be selected by the
BSCC.
EXISTING LAW:
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1)Proposition 47: the Safe Neighborhood and Schools Act of 2014
(Proposition 47) requires a misdemeanor sentence instead of
felony for petty theft, receiving stolen property, and forging
or writing bad checks when the value or amount involved is
$950 or less. Requires a misdemeanor sentence instead of
felony for certain drug possession offenses. Allows a felony
sentence for these offenses if a person has a previous
conviction for crimes such as rape, murder or child
molestation, or is a registered sex offender. Requires
resentencing for persons serving felony sentences for these
offenses unless the court finds an unreasonable public safety
risk. Applies the savings to mental health and drug treatment
programs, K-12 schools, and crime victims
2)Establishes the Safe Neighborhoods and Schools Fund within the
State Treasury and continuously appropriates moneys in the
fund (Government Code 7599).
3)Requires the Director of Finance to calculate the savings that
accrue to the state from the implementation of Proposition 47
(Government Code 7599.2).
4)Requires the State Controller to disburse moneys from the Safe
Neighborhoods and Schools Fund by August 15 of each fiscal
year beginning in 2016 as follows:
a) Twenty-five percent to the State Department of
Education, to administer a grant program to public agencies
aimed at improving outcomes for public school pupils in
kindergarten and grades one to twelve, inclusive, by
reducing truancy and supporting students who are at risk of
dropping out of school or are victims of crime.
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b) Ten percent to the California Victim Compensation and
Government Claims Board, to make grants to trauma recovery
centers to provide services to victims of crime pursuant to
Section 13963.1 of the Government Code.
c) Sixty-five percent to the BSCC, to administer a grant
program to public agencies aimed at supporting mental
health treatment, substance abuse treatment, and diversion
programs for people in the criminal justice system, with an
emphasis on programs that reduce recidivism of people
convicted of less serious crimes, such as those covered by
this measure, and those who have substance abuse and mental
health problems (Government Code 7599.2).
FISCAL EFFECT: Unknown.
COMMENTS:
Background : In response to prison overcrowding directives as
well as recent public safety reforms such as AB 109 (Budget
Committee), Chapter 15, Statutes of 2011 and Proposition 47,
unprecedented numbers of formerly incarcerated individuals are
returning to our communities. Nationally, over half of people
in prisons or jails have experienced a mental health issue
within the last year, and over half of women in jail and 44% of
men in jail have a drug or alcohol dependency. As a result of
these factors, many detained in local jails are chronic
offenders who frequently cycle in and out of the jail facility
and other public crisis systems in part because of their long
histories of residential instability or homelessness, chronic
mental and physical health issues, and substance abuse
disorders. A pilot study in Ohio placed ex-offenders reentering
the community into a comprehensive program which addressed their
mental health, substance abuse, and housing needs and provided
other wrap-around services. The study found that risk of
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re-arrest decreased, time in the community between arrests
increased, and more behavioral health services could be
provided.
Proposition 47: In 2014, the voters approved Proposition 47
which would reduce the penalties for certain non-violent,
nonserious drug and property crimes and require the resulting
state savings to be used to pay for mental health and substance
use services, truancy, dropout prevention, and victim crimes.
DOF will calculate the savings that accrue to the state from the
implementation of Proposition 47. Proposition 47 requires the
savings be distributed among state agencies as follows:
Twenty-five percent to the State Department of
Education, to administer a grant program to public agencies
aimed at improving outcomes for public school pupils in
kindergarten and grades one to twelve, inclusive, by
reducing truancy and supporting students who are at risk of
dropping out of school or are victims of crime.
Ten percent to the California Victim Compensation and
Government Claims Board, to make grants to trauma recovery
centers to provide services to victims of crime pursuant to
Section 13963.1 of the Government Code.
Sixty-five percent to the BSCC, to administer a grant
program to public agencies aimed at supporting mental
health treatment, substance abuse treatment, and diversion
programs for people in the criminal justice system, with an
emphasis on programs that reduce recidivism of people
convicted of less serious crimes, such as those covered by
Proposition 47, and those who have substance abuse and
mental health problems.
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The Legislature has authority under the Proposition to determine
how the funds are used by the departments that receive them and
how much oversight to provide to determine if the funds are used
effectively. The Legislative Analyst's Office (LAO) estimates
that the savings resulting from Proposition 47, while subject to
significant uncertainty, will likely range from $100 million to
$200 million beginning in 2016-17.
AB 1056 provides direction to the BSCC on how to spend the 65%
in savings directed to it to support mental health and substance
use treatment. The bill sets out minimum criteria that the BSCC
must use when creating the program and how to evaluate
applicants based on the types of people served, services that
should be funded, other funding sources that could be leveraged,
and the level of geographic diversity, among other factors.
Housing provisions of this bill : AB 1056 would direct the BSCC
to ensure that the Program guidelines and terms provide
threshold or scoring criteria, or both, that strongly prioritize
project applications that include rapid re-housing services.
Modeled after the federal Homelessness Prevention and Rapid
Re-Housing Program (HPRP) program, these services can include
financial assistance, including security deposits, utility
payments, and moving-cost assistance. In addition, projects may
provide housing stabilization assistance, including case
management, relocation assistance, outreach and engagement,
landlord recruitment, housing navigation and placement, and
credit repair. The amount of rental assistance would be capped
at 24 months.
The bill also directs BSCC to prioritize through threshold or
scoring criteria, applications for projects that provide mental
health services, substance use disorder treatment services,
misdemeanor diversion programs, job skills training, case
management, and civil legal services. Applicants could provide
these services with the rapid re-housing services described
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above or without.
AB 1056 also requires the BSCC to establish a ten person
committee to help develop the guidelines for the program.
Included on the committee are two housing representatives: a
housing programs expert and a homelessness prevention expert.
Purpose of this bill : According to the author, "people in the
criminal justice system and formerly incarcerated individuals
have difficulty securing housing and employment upon leaving
incarceration. These challenges are compounded for people who
live with mental health issues or substance use disorders.
California voters approved Proposition 47, known as the Safe
Neighborhood 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 non-serious, nonviolent
crime, and to invest the savings generated from Proposition 47
into prevention and support programs. However, additional
guidance is needed on how to invest those savings to further the
goals of the Proposition. AB 1056 provides guidance to the BSCC
on the establishment of a competitive grant program through
which 65% of the anticipated Proposition 47 savings (earmarked
for mental health, substance abuse, and diversion programs) will
be distributed to the community. The grant program will promote
comprehensive, collaborative projects that serve people who have
been arrested, charged with, or convicted of an offense and have
a history of mental health issues."
Arguments in support : Various organizations support AB 1056 and
the goal of establishing a stable housing source for formerly
incarcerated individuals. The National Association of Social
Workers writes, "housing supports provide a broad range of
services from financial assistance for rent and security
deposits to case management and legal services. Supporters also
include mental health, substance abuse, and employment services.
This is an important necessary step for these former offenders
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and it truly gives them a second chance at success."
Committee amendments:
1) Page 7, line 2, after "disorders." insert "As a
result, many formerly incarcerated people, especially
those with mental health issues or substance use
disorders, experience homelessness. Experiencing
homelessness greatly increases the likelihood that a
formerly incarcerated person recidivates."
2) Page 7, line 5 after "substance use treatment
services," insert "housing,"
3) Page 7, line 7 strike "wrap-around social " and
insert "supportive"
4) Page 7, line 13 after "substance use treatment
services," insert "housing,"
5) Page 7, line 14 strike "wrap-around social " and
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insert "supportive"
6) Page 8, line 2 after "administer a " insert "grant "
7) Page 8, line 11 insert "(d) "Public agency" means a
county; city, whether general law or chartered; city and
county; the duly constituted governing body of an Indian
reservation or rancheria; 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
subdivisions (c) and (d) of Section 54952 of the
Government Code; housing authority organized pursuant to
Part 2 (commencing with Section 34200) of Division 24 of
the Health and Safety Code, and also includes any state
agency, public district or other political subdivision of
the state, and 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
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moderate income."
8) Page 8, line 29 strike "(d) The Board shall not use
moneys allocated to the Fund to supplant funding to
existing programs, but may be used to expand the capacity
of an existing program."
9) Page 8, line 31 strike "establish and implement a"
and insert "administer a competitive grant"
10) Page 8, line 33 after "The" insert "grant"
11) Page 8, line 35 strike "projects" and insert
"proposals"
12) Page 8, line 37 strike "problems" and insert
"disorders"
13) Page 8 line 38 strike "projects" and insert
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"proposals"
14) Page 8 line 40 after "combination theorof" insert
"(3) Restrict eligibility to proposals that have a public
agency as one of the applicants.
(b) The Board shall create a Committee to develop
guidelines for administration of this 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
each of the following:"
15) Page 9 line 1 strike "projects" and insert
"proposals"
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16) Page 9 line 3 strike "projects" and insert
"proposals"
17) Page 9 line 17 after "Urban Development" insert
"funds, such as the"
18) Page 9 line 27 strike "Ensure program guidelines and
terms provide threshold or scoring criteria, or both,
that strongly prioritize project applications that ensure
provision of the following:" and insert "Prioritize
proposals that provide for each of the following:"
19) Page 10 line 5 strike "wrap around services,
including but not limited to," and insert "supportive
services such as"
20) Page 10, line 8 strike
"Promote proposals that place an emphasis on servicing
persons arrested for, charged with, or convicted of a
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less serious offense, but with minimal restrictions
related to their prior criminal history.
Promote public and private partnerships.
Promote proposals that include community-based
philanthropic and non-profit organizations.
Promote interagency and regional collaborations.
Consider geographic diversity."
21) Page 10, line 8 insert
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"Prioritize proposals that leverage existing contracts,
partnerships, memoranda of understanding or other formal
relationships to provide one or more of the services
prioritized in subsection (3).
Prioritize proposals put forth by a public agency in
partnership with philanthropic or nonprofit
organizations.
Prioritize proposals that promote interagency and
regional collaboration.
Consider ways to promote services for people with
offenses identical to or similar to those addressed by
the Safe Neighborhoods and Schools Act of 2014 without
precluding assistance to people with other offenses in
their criminal history.
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Consider geographic diversity.
Consider appropriate limits for administrative costs and
overhead.
Consider proposals that provide services to juveniles.
Permit proposals to expand the capacity of an existing
program but prohibit proposals from using the fund to
supplant funding for an existing program."
22) Page 10,
line 17 strike "board shall establish a
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committee to assist in developing guidelines
for administration of the program established
pursuant to subdivision (a) consistent with
this article. The "
23) Page 10,
line 20 strike "11" and insert "13"
24) Page 10, line 22 after "treatment." insert
" (2) A family member of a current or formerly
incarcerated individual."
25) Page 10, line 23 after "expert" insert ",
appointed by the California Senate."
26) Page 10, line 24 after "expert" insert ",
appointed by the California Assembly."
27) Page 10, line 26 strike "A homelessness
prevention expert." and insert "An expert on
homelessness."
28) Page 10, line 27 strike "social" and
insert "supportive"
29) Page 10, line 30 strike "A public safety
expert" and insert "A community supervision
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expert"
30) Page 10, line 33 after "board." insert "A
public agency administrator."
REGISTERED SUPPORT / OPPOSITION:
Support
A Community of Friends
Adobe Communities
AFSCME, AFL-CIO
All of Us or None
Area Congregations Together
BIA of Southern California Los Angeles/Ventura Chapter
California Building Industry Association (CBIA)
California Chamber of Commerce
California Community Foundation
California Council of Community Mental Health Agencies
California Housing Consortium
California Immigrant Policy Center
California Police Chiefs Association
Californians for Safety and Justice
City of San Francisco
Coalition for Economic Survival
Community Action North Bay
Community Corporation of Santa Monica
Community Housing Opportunities Corporation
Community Resource Center
Corporation for Supportive Housing
County of San Francisco
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Department of Housing and Community Development of Los Angeles
Drug Policy Alliance
East LA Community Corporation
Enterprise Community Partners
Heaven's Windows
Highridge Costa Housing Partners, LLC
Highridge Costa Investors, LLC
Housing Authority of the City of Los Angeles
Housing California
Housing of Merit
Hunger Advocacy Network
Inquilinos Unidos
Jewish Family Service of San Diego
Legal Services for Prisoners with Children (LSPC)
LINC Housing
Los Angeles Business School
Los Angeles Community Action Network (LA CAN)
Mayor, City of Long Beach-Robert Garcia
Mayor, City of Los Angeles-Eric Garcetti
Mayor, City of Oakland-Libby Schaaf
Mayor, City of Sacramento-Kevin Johnson
Mayor, City of San Francisco-Ed Lee
Mayor, City of San Jose-Sam Liccardo
Mayor, City of Santa Ana-Miguel Pulido
Mercy Housing California
NAMI California
National Association of Social Workers - California Chapter
(NASW-CA)
National Center for Youth Law (NCYL)
Non-Profit Housing Association of Northern California (NPH)
PATH
PATH Ventures
Public Counsel
Related California
San Diego Housing Federation
San Diego Hunger Coalition
Santa Clara County Board of Supervisors
Satellite Affordable Housing Association
Skid Row Housing Trust
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South Bay Community Services
Southern California Association of NonProfit Housing
St. Anthony Foundation
TransForm
United Way of Greater Los Angeles
West Hollywood Community Housing Corporation
Western Center on Law & Poverty
Western Regional Advocacy Project (WRAP)
WORKS
Opposition
None on file.
Analysis Prepared by:Lisa Engel / H. & C.D. / (916) 319-2085