BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1093       Hearing Date:    June 16, 2015    
          
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          |Author:    |Eduardo Garcia                                       |
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          |Version:   |February 27, 2015                                    |
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          |Urgency:   |Yes                    |Fiscal:    |Yes              |
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          |Consultant:|AA                                                   |
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              Subject:  Public Safety: Supervised Population Workforce  
 
                               Training: Grant Program



          HISTORY
          
          Source:   California Workforce Association (co-source)
                    Communities United for Restorative Youth Justice  
          (co-source)
                    PolicyLink (co-source)

          Prior Legislation:AB 2060 (V.M. Perez), Chapter 383, Statutes of  
          2014

          Support:  California Edge Coalition; California Public Defenders  
                    Association; National Center for Youth Law; Office of  
                    the Riverside County Superintendent of Schools;
                    REDF; Root & Rebound

          Opposition:None Known

          Assembly Floor Vote:                 77 - 0


          PURPOSE

          The purpose of this bill is to make minor modifications to the  







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          criteria for the Supervised Population Workforce Training Grant  
          Program administered by the Workforce Investment Board, as  
          specified. 
          
          Current law states that California Workforce Investment Board  
          ("WIB") is the body responsible for assisting the Governor in  
          the development, oversight, and continuous improvement of  
          California's workforce investment system and the alignment of  
          the education and workforce investment systems to the needs of  
          the 21st century economy and workforce.  (Unemp. Ins. Code, §  
          14010.)

          Current law establishes the Supervised Population Workforce  
          Training Grant Program to be administered by the WIB.  (Pen.  
          Code, § 1234.1.)

          Current law requires WIB to administer the grant program as  
          follows:

          1)Develop criteria for the selection of grant recipients through  
            a public application process, including the rating and ranking  
            of applications that meet threshold criteria; and 

          2) Design the grant program application process to ensure all of  
            the following occurs:

               a)  Outreach and technical assistance is made available to  
                eligible counties;

               b)  There is fairness and competitiveness for all counties,  
                including for smaller and rural counties;

               c)  It encourages applicants to develop evidence-based,  
                best practices to serve the target population; and,

               d)  It addresses the education and training needs of both  
                individuals with some postsecondary education who can  
                benefit from services that result in certifications, and  
                placement on a middle skill career ladder, and individuals  
                who require basic education and training to obtain entry  
                level jobs.  (Pen. Code § 1234.2.)

          This bill would revise the criteria described above to allow  
          applicants to address either the education and training needs of  








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          individuals with some postsecondary education, or individuals  
          who require basic education and training to obtain entry level  
          jobs, instead of requiring the applicants to serve both  
          education needs.  

          Current law requires the grant program to be competitively  
          awarded through at least two rounds of funding, as specified,  
          and provides that each county is eligible to apply but that a  
          single application may include multiple counties applying  
          jointly. Requires each application to include a partnership  
          agreement between the county, or counties, and one or more local  
          workforce investment boards that outline the actions each party  
          agrees to undertake as part of the project proposed in the  
          application.  (Pen. Code, § 1234.3.)

          Current law requires, at a minimum, each project proposed in the  
          application to include a provision for an education and training  
          assessment for each individual of the supervised population who  
          participates in the project.  (Pen. Code, § 1234.3, subd. (c).)

          This bill would authorize the WIB to delegate the responsibility  
          for determining the sufficiency of a prior assessment to one or  
          more local workforce investment boards.

          Current law provides that eligible uses of grant funds include,  
          but are not limited to, vocational training, stipends for  
          trainees, and apprenticeship opportunities for the supervised  
          population. Current law further states that supportive services  
          and job readiness activities are to serve as bridge activities  
          that lead to enrollment in long-term training programs.  (Pen.  
          Code, § 1234.3, subd. (d).) 

          Current law requires the WIB to report to the Legislature the  
          outcomes from the grant program, as specified.  (Pen. Code, §  
          1234.4.)

          This bill would expand the content of the report to be given to  
          the Legislature evaluating the Supervised Population Workforce  
          Training Grant Program to include the following:

          1)The education and workforce readiness of the supervised  
            population at the time individual participants entered the  
            program and how this impacted the types of services needed and  
            offered; and








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

          This bill includes uncodified legislative findings and  
          declarations concerning the importance of job training for  
          formerly incarcerated persons, as specified.
           
                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  








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          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.




          COMMENTS

          1.Stated Need for This Bill

          The author states:

               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.Supervised Population Workforce Training Grant Program








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           The WIB is the body responsible for assisting the Governor in  
          the development, oversight, and continuous improvement of  
          California's workforce investment system and the alignment of  
          the education and workforce investment systems to the needs of  
          the 21st century economy and workforce.  The WIB administers the  
          Supervised Population Workforce Training Grant Program, a  
          program 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.  This bill  
          makes various minor technical changes to the Supervised  
          Population Workforce Training Grant Program in the WIB.  

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