BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1056 (Atkins) - Second Chance Program
          
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          |Version: May 21, 2015           |Policy Vote: PUB. S. 6 - 0      |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: July 13, 2015     |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.




          Bill  
          Summary:  AB 1056 would enact the Second Chance Program, which  
          would require the Board of State and Community Corrections  
          (BSCC) to administer a competitive grant program using savings  
          resulting from the implementation of Proposition 47, the Safe  
          Neighborhoods and Schools Act of 2014, and other fund sources,  
          as specified.


          Fiscal  
          Impact:  
           Minor workload impact to the BSCC to administer the specified  
            grant program and establish the Executive Steering Committee,  
            as Proposition 47 already requires the BSCC to administer a  
            grant program.
           Potentially significant increase in annual grant awards issued  
            (Federal/State/Private funds), as the bill creates a new fund,  
            the Second Chance Fund, which is continuously appropriated,  







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            and may receive funds not only from the savings resulting from  
            Proposition 47, but also from other federal, state, local, or  
            private sources. 


          Background:  In 2014, the voters approved Proposition 47, the Safe  
          Neighborhoods and Schools Act, which reduces the penalties for  
          certain drug and property crimes. Proposition 47 requires the  
          resulting state savings to be deposited into the Safe  
          Neighborhoods and Schools Fund (SNSF), and requires these funds  
          to be disbursed by August 15th of each fiscal year beginning in  
          2016 to various state agencies for specified purposes, as  
          follows: 
                 Twenty-five percent to the Department of Education, to  
               administer a grant program to public agencies aimed at  
               improving outcomes for public school pupils in kindergarten  
               and grades 1 to 12, 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 Victim Compensation and Government  
               Claims Board, to make grants to trauma recovery centers to  
               provide services to victims of crime. 
                 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 and those who have  
               substance abuse and mental health problems. 

          Under existing law, the agency responsible for administering the  
          programs is prohibited from spending more than five percent of  
          the total funds it receives from the SNSF on an annual basis for  
          administrative costs. (Government Code  7599.2.)


          Proposed Law:  
            This bill would enact the Second Chance Program, to be  
          administered by the BSCC, as follows:
           Restricts the program 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  








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            Act of 2014, and those who have substance use and mental  
            health problems.
           Defines "public agency" to mean 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, as specified, a housing authority, 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.
           Creates the Second Chance Fund, to be administered by the  
            BSCC, with moneys in the fund to be continuously appropriated  
            without regard to fiscal year. 
           Requires the BSCC to deposit the moneys disbursed to it  
            pursuant to Proposition 47 into the Second Chance Fund.
           Provides that 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.
           Provides that the BSCC may not spend more than 5 percent  
            annually of the moneys in the fund for administrative costs.
           Requires the BSCC to administer a competitive grant program  
            that focuses on community-based solutions for reducing  
            recidivism. The grant program, at minimum, is required to do  
            all of the following:
                  o         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.
                  o         Restrict eligibility to proposals that offer  
                    mental health services, substance use disorder  
                    treatment services, misdemeanor diversion programs, or  
                    some combination thereof.
                  o         Restrict eligibility to proposals that have a  
                    public agency as the lead applicant.
                 Requires the BSCC to create an executive steering  
               committee (ESC) to develop guidelines for administration of  
               the grant program, consistent with the purposes of the  
               bill. The ESC is to adopt guidelines for the submission of  
               proposals, including threshold or scoring criteria, or  
               both, that do all of the following:
                  o         Prioritize proposals that advance principles  








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                    of restorative justice while demonstrating a capacity  
                    to reduce recidivism.
                  o         Prioritize proposals that leverage other  
                    federal, state, and local funds or other social  
                    investments, as specified.
                  o         Prioritize proposals that provide for all of  
                    the following:
                                     Mental health services, substance  
                         use disorder treatment services, misdemeanor  
                         diversion programs, or some combination thereof.
                                     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, financial assistance, including  
                         security deposits, utility payments, moving-cost  
                         assistance, and up to 24 months of rental  
                         assistance, and housing stabilization assistance,  
                         including case management, relocation assistance,  
                         outreach and engagement, landlord recruitment,  
                         housing navigation and placement, and credit  
                         repair.
                                     Other community-based supportive  
                         services, such as job skills training, case  
                         management, and civil legal services.
                  o         Prioritize proposals that leverage existing  
                    contracts, partnerships, memoranda of understanding,  
                    or other formal relationships to provide one or more  
                    of the services noted above.
                  o         Prioritize proposals put forth by a public  
                    agency in partnership with a philanthropic or  
                    nonprofit organization.
                  o         Prioritize proposals that promote interagency  
                    and regional collaborations.
                  o         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.
                  o         Consider geographic diversity, appropriate  
                    limits for administrative costs and overhead, and  
                    consider proposals that provide services to juveniles.
                  o         Permit proposals to expand the capacity of an  








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                    existing program and prohibit proposals from using the  
                    fund to supplant funding for an existing program.
                 Requires the ESC to consist of 13 members, as follows:
                  o         A formerly incarcerated individual who has  
                    received or is receiving mental health or substance  
                    use disorder treatment.
                  o         A family member of a current or formerly  
                    incarcerated individual.
                  o         A mental health expert, appointed by the  
                    Senate Committee on Rules.
                  o         A substance use disorders expert, appointed by  
                    the Speaker of the Assembly.
                  o         A housing programs expert.
                  o         An expert on homelessness.
                  o         Two community-based supportive service  
                    providers with experience in providing services to  
                    formerly incarcerated individuals and reducing  
                    recidivism.
                  o         A community supervision expert.
                  o         An academic expert with a history of research  
                    and expertise on the best practices for reducing  
                    recidivism. 
                  o         A member of the BSCC.
                  o         A public agency administrator.
                  o         An additional expert, to be selected by the  
                    BSCC.


          Related  
          Legislation:  SB 515 (Beall) 2015 would have required the BSCC  
          to award at least two-thirds of the grant funding received by  
          the BSCC under Proposition 47 to be allocated to public  
          behavioral health agencies, or other public agencies that  
          provide behavioral health services, as specified. This bill was  
          held on the Suspense File of this Committee. 


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