BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1056|
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THIRD READING
Bill No: AB 1056
Author: Atkins (D), et al.
Amended: 8/31/15 in Senate
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/30/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning
NO VOTE RECORDED: Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 78-0, 6/2/15 (Consent) - See last page for
vote
SUBJECT: Second Chance Program
SOURCE: Author
DIGEST: This bill enacts the Second Chance Program, which
requires 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. This bill also extends the sunset date on the
Social Innovation Financing Program by two years, to January 1,
2022.
ANALYSIS:
Existing law:
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1)Reflects the provisions of Proposition 47, also known as the
Safe Neighborhoods and Schools Act, which was approved by the
voters in November of 2014. Proposition 47 reduced the
penalties for certain drug and property crimes and directed
that the resulting state savings be directed to mental health
and substance abuse treatment, truancy and dropout prevention,
and victims' services, as specified. The initiative also made
additional changes to criminal laws.
2)Requires, as enacted by Proposition 47, that by August 15 of
each fiscal year beginning in 2016, the State Controller shall
disburse moneys deposited in the Safe Neighborhoods and
Schools Fund 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 1 to 12, inclusive, by reducing
truancy and supporting students who are at risk of dropping
out of school or are victims of crime.
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(a).)
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4)Requires that, for each of these programs, the agency
responsible for administering the programs shall not spend
more than five percent of the total funds it receives from the
Safe Neighborhoods and Schools Fund on an annual basis for
administrative costs.
5)Requires the Controller to conduct an audit of these grant
programs "to ensure the funds are disbursed and expended
solely according to this chapter and shall report his or her
findings to the Legislature and the public," as specified.
6)Requires that the funding established pursuant to this act "be
used to expand programs for public school pupils in
kindergarten and grades 1 to 12, inclusive, victims of crime,
and mental health and substance abuse treatment and diversion
programs for people in the criminal justice system. These
funds shall not be used to supplant existing state or local
funds utilized for these purposes."
7)Provides that local agencies are not obligated to provide
programs or levels of service described in these provisions
above the level for which funding has been provided.
8)Establishes the Social Innovation Financing Program, with a
sunset date of January 1, 2020. (Gov't. Code § 97013.)
This bill:
1)Extends the sunset date for the Social Innovation Financing
Program to January 1, 2022.
2)Enacts the Second Chance Program, to be administered by the
BSCC, as follows:
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a) 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 Act of 2014, and those
who have substance use and mental health problems.
b) 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.
1)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.
2)Requires the Controller, upon order of the Department of
Finance, to transfer moneys made available to the BSCC to
deposit the moneys disbursed pursuant to Proposition 47 into
the Second Chance Fund.
3)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.
4)Provides that the BSCC may not spend more than five percent
annually of the moneys in the fund for administrative costs.
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5)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:
a) Restrict eligibility to proposals designed to serve
people who have been arrested, charged with, or convicted
of a criminal offense and have a history of mental health
or substance use disorders.
b) Restrict eligibility to proposals that offer mental
health services, substance use disorder treatment services,
misdemeanor diversion programs, or some combination
thereof.
c) Restrict eligibility to proposals that have a public
agency as the lead applicant.
1)Requires the BSCC to create an executive steering committee
(ESC) that "includes, but is not limited to, a balanced and
diverse membership from relevant state and local government
entities, community-based treatment and service providers, and
the formerly incarcerated community. The ESC shall have
expertise in homelessness and housing, behavioral health and
substance abuse treatment, and effective rehabilitative
treatment for adults and juveniles." The ESC shall make
recommendations regarding the design, efficacy, and viability
of proposals, and make recommendations on to develop
guidelines for the submission of proposals, including
threshold or scoring criteria, or both, that do all of the
following:
a) Prioritize proposals that advance principles of
restorative justice while demonstrating a capacity to
reduce recidivism.
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b) Prioritize proposals that leverage other federal, state,
and local funds or other social investments, as specified.
c) Prioritize proposals that provide for all of the
following:
i) Mental health services, substance use disorder
treatment services, misdemeanor diversion programs, or
some combination thereof.
ii) 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.
iii) Other community-based supportive services, such
as job skills training, case management, and civil legal
services.
d) Prioritize proposals that leverage existing contracts,
partnerships, memoranda of understanding, or other formal
relationships to provide one or more of the services noted
above.
e) Prioritize proposals put forth by a public agency in
partnership with a philanthropic or nonprofit organization.
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f) Prioritize proposals that promote interagency and
regional collaborations.
g) 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.
h) Consider geographic diversity, appropriate limits for
administrative costs and overhead, and consider proposals
that provide services to juveniles.
i) Permit proposals to expand the capacity of an existing
program and prohibit proposals from using the fund to
supplant funding for an existing program.
FISCAL EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee states:
Minor workload impact to the BSCC to administer the specified
grant program and establish the ESC, 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 this bill creates a new
fund, the Second Chance Fund, which is continuously
appropriated, and may receive funds not only from the savings
resulting from Proposition 47, but also from other federal,
state, local, or private sources.
Potential future cost pressure (Special Fund/General Fund) due
to the extension of the sunset date. According to the BSCC, $5
million was appropriated from the Recidivism Reduction Fund
for this program, with funding estimated to be fully allocated
to the three local county projects by June 30, 2016.
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SUPPORT: (Verified8/28/15)
All of Us or None
American Federation of State, County and Municipal Employees,
AFL-CIO
Area Congregations Together
Berkeley City Council
C & C Development Co.
California Association of Code Enforcement Officers
California Attorneys for Criminal Justice
California Building Industry Association
California Catholic Conference of Bishops
California College and University Police Chiefs Association
California Council of Community Mental Health Agencies
California Housing Consortium
California Labor Federation
California Narcotic Officers Association
California Police Chiefs Association
California Rural Legal Assistance Foundation
California State Association of Counties
California State Council of the Service Employees International
Union
Californians for Safety and Justice
Christian Church Homes
Circulate San Diego
City Heights Community Development Corporation
City of Los Angeles
City of Torrance
City of West Hollywood
Community Action North Bay
Community Housing Opportunities Corporation
Community HousingWorks
Corporation for Supportive Housing
County Behavioral Health Directors Association
County of San Bernardino
County Welfare Directors Association of California
Drug Policy Alliance
East Bay Housing Organizations
Friends Committee on Legislation of California
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Girls Think Tank
Highridge Costa Investors, LLC
Housing California
Hunger Advocacy Network
Iglesia Adventista del Septimo Dia
Jewish Family Service of San Diego
League of California Cities
Legal Services for Prisoners with Children
LINC Housing
Los Angeles Community Action Network
Los Angeles County Board of Supervisors
MAAC
Mental Health America of California
Monterey County Board of Supervisors
National Alliance on Mental Illness California
National Association of Social Workers, California Chapter
National Center for Youth Law
Non-Profit Housing Association of Northern California
Northern California Community Loan Fund
Pacific Clinics
PATH
Rural Smart Growth Task Force
St. Anthony Foundation
San Diego Housing Federation
San Diego and Imperial Counties Labor Council
San Francisco Mayor Edwin Lee
Santa Clara County Board of Supervisors
Satellite Affordable Housing Associates
South Bay Community Services
Southern California Association of NonProfit Housing
The Arc and United Cerebral Palsy California Collaboration
The Hampstead Companies
TransForm
Wakeland Housing and Development Corporation
Western Center on Law and Poverty
Western Regional Advocacy Project
Numerous individuals
OPPOSITION: (Verified8/28/15)
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None received
ARGUMENTS IN SUPPORT: The author states in part, "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. AB 1056 provides important fiscal and
policy direction by making the highest and best use of the
savings accruing from Proposition 47, directing them toward
diversion and collaborative programs that address the root
causes of recidivism of those formerly incarcerated: the urgent
need for housing, mental health services, and substance abuse
treatment."
ASSEMBLY FLOOR: 78-0, 6/2/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Chávez, Grove
Prepared by:Alison Anderson / PUB. S. /
8/31/15 11:43:32
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