BILL ANALYSIS                                                                                                                                                                                                    Ó



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       Date of Hearing:   April 21, 2015 


          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY


                                Eduardo Garcia, Chair


       AB 1093  
       (Eduardo Garcia) - As Introduced February 27, 2015


       SUBJECT:  Public safety:  supervised population workforce training:   
       grant program


       SUMMARY:  Makes modifications to the Supervised Population Workforce  
       Training Grant Program (SPWTG Program), which is administered by the  
       California Workforce Investment Board (CWIB), for the purpose of  
       expediting the allocation of funds in the 2014-15 fiscal year.   
       Specifically, the bill:


       1)Authorizes the state to delegate the responsibility for determining  
         the sufficiency of prior assessments to one or more local workforce  
         investment boards.



       2)Allows applicants to address one or both of education and training  
         needs of the formerly incarcerated individuals.  Current law  
         requires each applicant to address both.



       3)Expands the content of the CWIB overall assessment of the program to  
         include:









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          a)   Identification of the education and workforce readiness of  
            supervised population entering the program and how that impacted  
            the types of services needed and offered.



          b)   Whether the metrics used to evaluate the individual grants  
            were sufficiently aligned with the objectives of the program.



       4)Includes an urgency clause and takes effect immediately.
       EXISTING LAW:


       1)Establishes the CWIB, comprised of members appointed by the Governor  
         and the appropriate presiding officer(s) of each house of the  
         Legislature, and specifies that the executive director of the CWIB  
         report to the Secretary of the California Labor and Workforce  
         Development Agency.  The CWIB is responsible for assisting the state  
         in meeting the requirements of the federal Workforce Investment Act  
         of 1998 (WIA), as well as assisting the Governor in the development,  
         oversight, and continuous improvement of California's workforce  
         investment system.

       2)Creates the SPWTG Program, administered by the CWIB, to award grant  
         funding for vocational training and apprenticeship opportunities for  
         offenders under county jurisdiction who are on probation, mandatory  
         community supervision, or post-release community supervision.

       3)Requires CWIB to administer the SPWTG Program through a public  
         process, as specified, with preference for counties (a) with a  
         demonstrated collaborative working relationship with local workforce  
         investment boards; (b) with a workforce training program in place  
         for the supervised population; and (c) that offer a funding match.    










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       4)Requires SPWTG recipients to report to the CWIB regarding their use  
         of the funds and workforce training program outcomes upon completion  
         of the grant period and requires CWIB to assess and report on the  
         outcomes of the program, as specified, to the Legislature by January  
         1, 2018.

       5)Creates in the State Treasury the Recidivism Reduction Fund for  
         moneys to be available, upon appropriation by the Legislature, for  
         activities designed to reduce the state's prison population,  
         including, but not limited to, reducing recidivism.   Funds in the  
         Recidivism Reduction Fund are available to be transferred to the  
         State Community Corrections Performance Incentives Fund.  In  
         2014-15, $1 million was approved for allocation through the SPWTG  
         Program.

       FISCAL EFFECT:   Unknown

       POLICY ISSUE FRAME:

       This bill proposes to provide greater flexibility and assessment to an  
       existing workforce training and job placement program serving men and  
       women who are reentering communities from incarceration, AB 2060 (V.  
       Manuel Pérez), Chapter 383, Statutes of 2014.  The need for this type  
       of assistance has been advocated by many constituencies, including,  
       but not limited to advocates for formerly incarcerated adults,  
       criminal justice policy researchers, law enforcement, and business and  
       community leaders.

       While a final report on the SPWTG Program will not be available until  
       2018, the CWIB has indicated that the existing program is moving  
       forward without significant challenges.  The author has stated that  
       given the short court mandated timeline it is appropriate to make  
       changes to the program now so that it could be ready for additional  
       state funding in 2015-16.  

       In deliberating the merits of the measure, Members may wish to  
       consider the challenges formerly incarcerated individuals face in  
       reentering society and the social and financial cost to society for  
       the state's high recidivism rate.  The Comment section of the analysis  








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       includes additional information on these issues.   

       COMMENTS:    

       1)Author's Purpose:  According to the author, "With orders from the  
         U.S. Supreme Court to reduce its prison population, the state needs  
         smart, effective policies to help local jurisdictions achieve  
         realignment goals and reduce recidivism.  Workforce development for  
         the re-entry population is a practical strategy for improving access  
         to a stable job.  It helps improve offender outcomes, reduce the  
         likelihood of recidivism, and promote community safety and  
         stability.  AB 1093 makes key program changes to the 2014 bill [AB  
         2060 (V. Manuel Perez)]."



       2)Solicitation for Proposals:  The CWIB issued a Solicitation for  
         Proposal (SFP) on March 20, 2015 for the SPWTG Program.  The SFP  
         calls for applications that expand existing, mature collaborative  
         relationships between county-based Community Corrections  
         Partnerships and Local Workforce Investment Boards(LWIB) in support  
         of innovative strategies that accelerate educational attainment and  
         re-employment for the supervised population.  

         Funding for the program is limited to $1 million, which will be  
         deployed to applicants that best help the state meet these four  
         overarching program goals:

              Train up to 100 supervised population participants.
              Improve labor market and skills outcomes for the supervised  
            population through the development of strategies that fill gaps,  
            accelerate processes, or customize services to ensure greater  
            access to workforce services and employment opportunities.
              Create new modes for service delivery and funding alignment  
            that can be replicated across the State and tailored to regional  
            needs.
              Leverage the State's investment with commitments from  
            industry, labor, public, and community-based partners.









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          -------------------------------------------------------------- 
         |  Key Dates - Supervised Population Workforce Training Grant  |
         |                           Program                            |
          -------------------------------------------------------------- 
         |-----------------------------------------------+--------------|
         |CWIB Releases the Solicitation for Proposal    |March 20,     |
         |                                               |2015          |
         |-----------------------------------------------+--------------|
         |Proposals due to the CWIB by 3:00 p.m.         |April 17,     |
         |                                               |2015          |
         |-----------------------------------------------+--------------|
         |Award Announcements                            |May 1, 2015   |
          -------------------------------------------------------------- 
          -------------------------------------------------------------- 
         |    Source:  Solicitation for Proposal, Supervised Population |
         |Workforce Training Grant Program                              |
          -------------------------------------------------------------- 



         At the April 8, 2015, hearing of the Assembly Budget Subcommittee 5  
         on Transportation and Public Safety, the CWIB testified on the  
         implementation of the program.  Committee members discussed the  
         possibility of additional funding being provided to the SPWTG  
         Program.  AB 1093 includes an urgency clause, provides for greater  
         program flexibility, and increases the outcome evaluation criteria  
         should additional money be appropriated to the program.

       1)Court Actions related to Prison Overcrowding:  For decades,  
         California's prison system has faced significant challenges in  
         meeting both its basic security and rehabilitation responsibilities.  
          Designed to house an inmate population of 80,000, the state prison  
         population has remained well above that mark.  In 2006, the  
         California prison population hit its peak with over 170,000 men and  
         women being housed within the state prison system.   









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         The resulting conditions were the subject of two federal class  
         actions.  In the first case, Coleman v. Brown (filed 1990), the  
         District Court found that prisoners with serious mental illness did  
         not receive minimal, adequate care and after over a decade of  
         remediation the Special Master assigned to the case reported that  
         the system's mental health care continued to seriously and  
         negatively be impacted by overcrowding.  In the second case a decade  
         later, Plata v. Brown (filed 2001), the state conceded deficiencies  
         in prison medical care violated prisoners Eighth Amendment rights  
         and stipulated to remedial injunction.  When the state failed to  
         comply with the injunction, the plaintiffs in both cases moved to  
         convene a federal three-judge court panel, as empowered under the  
         Prison Litigation Reform Act of 1995, in order to command the state  
         to reduce the prison population.  The cases were ultimately  
         consolidated and, in August 2009, the three-judge panel found that  
         prison overcrowding was the primary reason that the state was unable  
         to provide inmates with constitutionally adequate health care.  The  
         court ordered the state reduce its inmate population to no more than  
         137.5% of the design capacity in the prisons operated by the CDCR by  
         June 2013 [Plata/Coleman v. Brown].  

         In 2011, the U.S. Supreme Court upheld the three-judge panel's order  
         for the state to reduce its prison population to 137.5% of the  
         prison design capacity or approximately 46,000 inmates at the time  
         of the decision.  Over the ensuing years, the deadlines for reaching  
         the mandated prison population reduction have shifted.  Currently,  
         the state is required to reach the prison population reduction  
         target by February 28, 2016.  Should the state fail to meet its  
         final reduction target or any of the interim milestones, a  
         court-ordered Compliance Officer has been given the authority to  
         order the early release of inmates.

       2)Programs to Address Prison Recidivism:  The state has taken a  
         variety of actions to try to meet its prison population reduction  
         target including infill bed expansion, contract beds, prison  
         re-entry hubs, county probation incentive grants, and workforce  
         development programs focused on the formerly incarcerated  
         individuals.  Most significantly were the 2009 parole reforms and  
         the 2011 realignment of certain criminal justice responsibilities  








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         from the state to the California counties.  In 2013, the Recidivism  
         Reduction Fund was established at the state Treasury for the purpose  
         of funding new programs and services designed to reduce recidivism  
         of inmates and parolees.  The 2014 Budget Act provided $5 million  
         from the $91 million in the Recidivism Reduction Fund for  
         performance-based workforce training contracts (also called social  
         innovation financing contracts) for formerly incarcerated  
         individuals.  [AB 1837(Atkins), Chapter 838, Statues of 2014]   
         Another million dollars was appropriated from the Recidivism  
         Reduction Fund to implement to SPWTG Program, which is the subject  
         of this bill.     

         As of December 2014, the state was at 140% design capacity.  This is  
         below the 2015 target, but still 1,204 inmates above the final  
         February 2016 target.

         For 2015-16, the Legislative Analyst reports that the average daily  
         prison population is projected to be about 133,000 inmates, which  
         represents a 1% reduction (1,900 inmates) from the estimated  
         current-year level.  This reduction is due to a number of factors  
         including the impact of Proposition 36, which passed in November  
         2012 and revised the state's three strikes laws, and Proposition 47,  
         which passed in November 2014 and requires misdemeanor sentencing  
         instead of felony for specified property and drug charges.

         The reductions are, however, being offset by a rise in second  
         offenders under the state's Three Strikes law, which provides for  
         certain individuals and crimes that the sentence in the second  
         offence to be twice the term otherwise required by law. The  
         Department of Corrections and Rehabilitation estimates that it will  
         receive 12,400 second strike offenders in 2015-16, which is a 68%  
         increase from the 2011-12 level.  This new trend threatens to derail  
         the state's progress on reducing the state's prison population,  
         making programs that target recidivism even more important.

         The Governor's 2015-16 budget proposal provides $125 million for the  
         largest of the prison recidivism reduction programs, the Community  
         Corrections Performance Incentive Grant.  Under this program,  
         funding is provided to county probation departments based on the  








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         ratio of felony probation returns to prison and jail.  

         The Governor's budget estimates that $28.8 million will be available  
         for expenditure through the Recidivism Reduction Fund in 2015-16 and  
         proposes to allocate $12.6 million to community-based facilities  
         that emphasize co-occurring mental health and substance use  
         disorders, and $15.6 million to non-reentry hub institutions that  
         treat substance use.

       3)State Strategy on Employment of Former Offenders:  The federal  
         Workforce Investment Act requires the Governor, through the CWIB, to  
         submit a State Strategic Workforce Development Plan (State Plan) to  
         the U.S. Department of Labor. This plan outlines a five-year  
         strategy for the investment of federal workforce training and  
         employment services funds.  With respect to services to former  
         offenders, CWIB states the following:  

       "The State Board has leveraged the [California Department of  
       Corrections and Rehabilitation (CDCR)] expertise to help Local Boards  
       obtain additional funding from "realignment" funds allocated to  
       counties. A workshop was conducted [in 2014] by the California  
       Workforce Association, which included CDCR and Local Board staff  
       sharing knowledge about realignment and funding so that Local Boards  
       might be in a better position to engage their counties in seeking  
       funding to serve this new "realigned" population. 

       The State Board will continue to work closely with CDCR and LWIBs to  
       encourage and develop innovative services for the ex-offender  
       population.  Policy Link and the National Employment Law Project  
       (NELP), the State Board is helping convene LWIBs, to ensure formerly  
       incarcerated individuals have access to quality employment services.  
       The State Board also worked with the Employment Development Department  
       and NELP to develop a directive to ensure that LWIBs comply with  
       nondiscrimination obligations when serving individuals with criminal  
       records.  http://edd.ca.gov/Jobs_and_Training/pubs/wsd12-9.pdf  ."

       4)Summary from Survey on Training Activities:  In preparation for  
         hearing AB 2060 in 2014, the Assembly Committee on Jobs, Economic  
         Development, and the Economy, asked the California Workforce  








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         Association to survey its membership about current and previous  
         activities related to reentry programs that targeted the formerly  
         incarcerated.  Of the 49 LWIBs in California, 11 boards were able to  
         respond under the tight timeframes including: Golden Sierra; Inyo  
         and Mono Consortium; Kern County; Marin County; Merced County;   
         Monterey County;  San Bernardino County; San Diego County;  
         Sacramento County; Sonoma County; Santa Cruz County; and the Verdugo  
         Consortium.  These 11 LWIBs reported serving 1,782 individuals who  
         were reentering communities following incarceration in the prior  
         year. The California Workforce Association believes this figure is  
         much higher as the other 38 WIBs also serve the re-entry population.  
          Below is a summary of the survey answers.

          a)   What type of re-entry programs do you have and how many people  
            do they serve?  Many local workforce investment boards receive  
            funding from their local probation departments.  Services in  
            these programs generally include a reentry navigator/case manager  
            who acts as an employment counselor and also ensures that  
            appropriate wrap around services are offered to the job seekers.   


            The goal of these programs is to help the individual find  
            full-time employment.  Large portions of the program focus on job  
            readiness training, on-the-job training, work experience and  
            class room/vocational training.  Support services are also a key  
            component to the re-entry programs.  Services such as GED  
            preparation and testing, transportation vouchers, food vouchers,  
            record expungement, counseling, housing assistance, driver  
            license and social security compliance, etc. 

            Even in local workforce areas where direct funding is not  
            received, workforce boards use their own funds to partner with  
            the probation and juvenile justice system to offer job readiness  
            workshops including resume preparation, interview skills, labor  
            market opportunities, filling out applications, and "dress for  
            success."  

          b)   What is the total funding for those programs and where are the  
            funds from?  Program funding varies locally, but a majority of  








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            LWIBs reported receiving AB 109 funds from their probation  
            department.  Other funding sources include, CDCR, local juvenile  
            departments, and non-profits such as Friends Outside and  
            Behavioral Interventions, Inc.  Individual program budgets range  
            from $130,000 to $400,000 annually.

          c)   What is the cost per individual in these programs?  The  
            average cost reported is roughly $6,000 per individual.   

          d)   Do you provide any stipends or wages from your program?  The  
            programs generally offer to pay wages or part of the wages  
            through work experience or on-the-job training programs.   
            Additionally, programs serving youth use stipends to support  
            program completion.  

          e)   Do women or men have an easier time finding employment?  The  
            majority of programs report that most of their participants are  
            male.  Several programs stated that males seem to have an easier  
            time placing due to the partnerships they have with organizations  
            offering skilled trade or labor jobs.  A few areas report that  
            women are more apt to request and receive training than men and  
            are more likely to have a work history before entering  
            incarceration.

         In submitting the survey results, the California Workforce  
         Association highlighted the importance of wrap around services to  
         the reentry population including shelter, food, and having a healthy  
         support network.  Without their core survival needs being met, the  
         formerly incarcerated face even greater difficulties in finding  
         employment and may be tempted to resume their prior lifestyle.

       5)WIA and the California Workforce Investment Board:  Enacted in 1998,  
         WIA provides states with federal funding for job training and  
         employment investment activities and programs, including work  
         incentive and employment training outreach programs.  Distribution  
         of the funds is based on a set formula which includes specified  
         economic and demographic data and flows to the state through three  
         primary programs:  Adult, Youth, and Dislocated Workers.  









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         California's WIA allocation from the U.S. Department of Labor has  
         declined over the years from a high of $630 million in 2000-01 to  
         $391 million in 2014-15.   Federal law dictates that 85% of Adult  
         and Youth formula funds, and 60% of Dislocated Worker formula funds,  
         are distributed to local WIBs (LWIBs).  Funding for the state's  
         activities is derived from the 15% WIA discretionary funds.  





         California will receive approximately $390 million in Program Year  
         2014-15, $356 million is allocated to the LWIBs to provide services  
         for adults, laid-off workers, and youth, and $34 million will remain  
         at the state-level for program oversight and discretionary programs.  
         Discretionary funding in 2015-16 is expected to increase and will be  
         detailed in the May Revision.





         California's WIA dollars are overseen by the 56-member CWIB, of  
         which 61% of the members represent the private sector, as required  
         by federal law.  The CWIB has a staff of 17 authorized positions and  
         is currently led by Executive Director Tim Rainey.  In 2008, CWIB  
         established the Green Collar Jobs Council to address the workforce  
         development needs of the emerging clean and green economy. 

         Among its primary duties, the CWIB provides guidance to local LWIBs  
         and is responsible for the development of a unified, strategic plan  
         to coordinate various education, training, and employment programs  
         that result in an integrated workforce development system that  
         supports economic development.  The plan is required to be updated  
         at least every 5 years in order to address the state's changing  
         economic, demographic, and workplace needs.  The most recent plan  
         was submitted to the federal Department of Labor in April 2013 and  
         approved after consultation and modest revisions in June 2013.   
         California's Strategic Workforce Development Plan 2013-2017 -  








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         "Shared Strategy for a Shared Prosperity," prioritizes regional  
         coordination among key partners, sector-based employment strategies,  
         skill attainment through 'earn and learn" and other effective  
         training models (including, but not limited to apprenticeship), and  
                                                                     development of career pathways.  

         Based on the framework of the state plan, in July 2013, the LWIBs  
         submitted local workforce investment plans for the CWIB's review.   
         Key among the policy enhancements in the current state and local  
         plans are strengthened performance indicators to allow for ongoing  
         monitoring of the plan's success.   There are 49 LWIBs that plan for  
         and oversee the workforce investment system at the local level.   
         Each LWIB also has one or more One-Stop Centers, which provide  
         access to career information, counseling, and funding for education,  
         training and supportive services.

       6)Related Legislation:  Legislation related to this measure includes  
         the following:

          a)   AB 8 (V. Manuel Pérez) Renewable Energy Workforce Readiness  
            Initiative:  This bill would have required the California  
            Workforce Investment Board, in consultation with the Green Collar  
            Jobs Council, to establish a Renewable Energy Workforce Readiness  
            Initiative, as specified.  As part of these activities, the  
            California Workforce Investment Board would have provided  
            guidance to local workforce investment boards on how to establish  
            comprehensive green collar job assessment, training, and  
            placement programs that reflect the local and regional economies.  
             Status:  Vetoed by the Governor, 2011.

          b)   AB 1019 (Ammiano) Prison Workforce Training:  This bill  
            requires goals for career technical education to be set by the  
            Superintendent of Correctional Education, and establishes factors  
            that are required to be considered when establishing a career  
            technical education program, as specified..  Status:  Signed by  
            the Governor, Chapter 789, Statutes of 2013.

          c)   AB 1837 (Atkins) Social Innovation Financing to Address  
            Recidivism:  This bill Establishes the Social Innovation  








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            Financing Program, administered by the Board of State and  
            Community Corrections, which provided grants to three counties  
            for the purpose of utilizing pay-for-success contracts to reduce  
            recidivism.  Status:  Signed by the Governor, Chapter 802,  
            Statutes of 2014.

          d)   AB 2060 (V. Manuel Pérez) Supervised Population Workforce  
            Training Grant Program:  This bill establishes the Supervised  
            Population Workforce Training Grant Program.  The Program is  
            comprised of two distinct funding streams: one stream for  
            post-secondary training that may lead to certifications and  
            placement on a middle-skill career ladder and a second stream for  
            individuals that are starting with low educational attainment and  
            need help with basic academic skills.  Status:  Signed by the  
            Governor, Chapter 383, Statutes of 2014.  

          e)   AB 2526 (Gonzalez) Community Corrections Program:  This bill  
            would require a rank-and-file deputy sheriff or a rank-and-file  
            police officer and a rank-and-file probation officer or a deputy  
            probation officer, to be appointed by a local labor organization,  
            to the membership of a Community Corrections Partnership. The  
            bill would require the vote of the rank-and-file deputy sheriff  
            or rank-and-file police officer and a rank-and-file probation  
            officer or deputy probation officer on the local plan.  Status:   
            Held in the Senate Committee on Public Safety, 2014.

          f)   SB 105 (Steinberg) Recidivism Reduction Fund:  This bill,  
            among other things, created the Recidivism Reduction Fund in the  
            State Treasury to be available for appropriation by the  
            Legislature for activities aimed at reducing the state's prison  
            population, including, but not limited to, reducing recidivism.   
            Status:  Signed by the Governor, Chapter 310, Statutes of 2013.



       9)Double Referral:  The Assembly Rules Committee has referred this  
         measure to the Assembly Committee on Public Safety (PS) and the  
         Assembly Committee on Jobs, Economic Development and the Economy.    
         This measure passed PS on a 7 to 0 vote.








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       REGISTERED SUPPORT / OPPOSITION:


       Support
       California Public Defenders Association 


       California Workforce Association 


       Communities United for Restorative Youth Justice 


       PolicyLink 


       Root & Rebound 




       Opposition
       None received


       


       Analysis Prepared by:Toni Symonds / J., E.D., & E. / (916) 319-2090


















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