California Legislature—2015–16 Regular Session

Assembly Bill No. 2061

Introduced by Assembly Member Waldron

February 17, 2016

An act to amend Sections 1234, 1234.1, 1234.2, 1234.3, and 1234.4 of the Penal Code, relating to recidivism.

LEGISLATIVE COUNSEL’S DIGEST

AB 2061, as introduced, Waldron. Supervised Population Workforce Training Grant Program.

Existing law, until January 1, 2021, establishes the Supervised Population Workforce Training Grant Program to be administered, as provided, by the California Workforce Investment Board. Existing law establishes grant program eligibility criteria for counties and provides that eligible uses for grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population, which include individuals on probation, mandatory supervision, and postrelease community supervision. Existing law requires the board to develop criteria for the selection of grant recipients, but requires the board to give preference to certain grant applications, including an application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. Existing law requires the board, by January 1, 2018, to submit a report to the Legislature containing specified information, including an evaluation of the effectiveness of the grant program.

This bill would also require the board to give preference to a grant application that proposes participation by one or more employers who have demonstrated interest in employing individuals in the supervised population, including earn and learn opportunities. The bill would require the board to include in its report to the Legislature whether the program provided training opportunities in areas related to work skills learned while incarcerated. The bill would update references to the California Workforce Investment Board to reflect its new name, the California Workforce Development Board.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) In recent decades, the number of Americans who have had
contact with the criminal justice system has increased
exponentially. It is estimated that about one in three adults in the
U.S. has a criminal history record, which often consists of an arrest
that did not lead to conviction, a conviction for which the person
was not sentenced to a term of incarceration, or a conviction for
a nonviolent crime.

(b) On any given day, about 2.3 million people are incarcerated
in the U.S. and, each year, 700,000 people are released from prison
and almost 13 million people are admitted to and released from
local jails.

(c) California’s long-term economic growth is dependent on
identifying ways in which those who face barriers to employment,
such as being formerly incarcerated, can become contributing
members of society and achieve financial independence.

SEC. 2.  

Section 1234 of the Penal Code is amended to read:

1234.  

For purposes of this chapter, the following terms have
the following meanings:

(a) “California Workforce begin delete Investment end delete begin insert Development end insert Board” begin delete or
“State WIB” end delete means the California Workforce begin delete Investment end delete
begin insert Development end insert Board established pursuant to Article 1 (commencing
with Section 14010) of Chapter 3 of Division 7 of the
Unemployment Insurance Code.

begin insert

(b) “Earn and learn” has the same meaning as in Section 14005
of the Unemployment Insurance Code.

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  “Grant program” means the Supervised Population
Workforce Training Grant Program.

begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  “Supervised population” means those persons who are on
probation, mandatory supervision, or postrelease community
supervision and are supervised by, or are under the jurisdiction of,
a county.

SEC. 3.  

Section 1234.1 of the Penal Code is amended to read:

1234.1.  

(a) This chapter establishes the Supervised Population
Workforce Training Grant Program to be administered by the
California Workforce begin delete Investment end delete begin insert Development end insert Board.

(b) The grant program shall be developed and implemented in
accordance with the criteria set forth in Section 1234.3. In
developing the program, the begin delete State WIB end delete begin insert California Workforce
Development Board end insert shall consult with public and private
stakeholders, including local workforce begin delete investment end delete begin insert development end insert
boards, local governments, and nonprofit community-based
organizations that serve the supervised population.

(c) The grant program shall be funded, upon appropriation by
the Legislature. Implementation of this program is contingent upon
the director of the begin delete State WIB end delete begin insert end insert begin insert California Workforce Development
Board end insert notifying the Department of Finance that sufficient moneys
have been appropriated for this specific grant program.

(d) The outcomes from the grant program shall be reported
pursuant to Section 1234.4.

SEC. 4.  

Section 1234.2 of the Penal Code is amended to read:

1234.2.  

The begin delete State WIB end delete begin insert end insert begin insert California Workforce Development
Board end insert shall administer the grant program as follows:

(a) Develop criteria for the selection of grant recipients through
a public application process, including, but not limited to, the rating
and ranking of applications that meet the threshold criteria set forth
in this section.

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

(1) Outreach and technical assistance is made available to
eligible applicants, especially to small population and rural
counties.

(2) Grants are awarded on a competitive basis.

(3) Small and rural counties are competitive in applying for
funds.

(4) Applicants are encouraged to develop evidence-based, best
practices for serving the workforce training and education needs
of the supervised population.

(5) The education and training needs of one or both of the
following are addressed:

(A) Individuals with some postsecondary education who can
enter into programs and benefit from services that result in
certifications, and placement on a middle skill career ladder.

(B) Individuals who require basic education as well as training
in order to obtain entry level jobs where there are opportunities
for career advancement.

SEC. 5.  

Section 1234.3 of the Penal Code is amended to read:

1234.3.  

(a) The grant program shall be competitively awarded
through at least two rounds of funding, with the first phase of
funding being awarded on or before May 1, 2015.

(b) Each county is eligible to apply, and a single application
may include multiple counties applying jointly. Each application
shall include a partnership agreement between the county or
counties and one or more local workforce begin delete investment end delete begin insert development end insert
boards that outline the actions each party agrees to undertake as
part of the project proposed in the application.

(c) At a minimum, each project proposed in the application shall
include a provision for an education and training assessment for
each individual of the supervised population who participates in
the project. The assessment may be undertaken by the applicant
or by another entity. A prior assessment of an individual may be
used if, in the determination of the begin delete State WIB, end delete begin insert California
Workforce Development Board, end insert its results are accurate. The begin delete State
WIB end delete begin insert California Workforce Development Board end insert may delegate the
responsibility for determining the sufficiency of a prior assessment
to one or more local workforce begin delete investment end delete begin insert development end insert boards.

(d) Eligible uses of grant funds include, but are not limited to,
vocational training, stipends for trainees, and begin delete apprenticeship end delete begin insert earn
and learn end insert opportunities for the supervised population. Supportive
services and job readiness activities shall serve as bridge activities
that lead to enrollment in long-term training programs.

(e) Preference shall be awarded to applications for the following:

(1) An application that proposes matching funds, including, but
not limited to, moneys committed by local workforce begin delete investment end delete
begin insert development end insert boards, local governments, and private foundation
funds.

(2) An application submitted by a county that currently
administers or participates in a workforce training program for the
supervised population.

(3) An application that proposes participation by one or more
nonprofit community-based organizations that serve the supervised
population.

begin insert

(4) An application that proposes participation by one or more
employers who have demonstrated interest in employing individuals
in the supervised population, including earn and learn
opportunities.

end insert

(f) An application shall meet the following requirements:

(1) Set a specific purpose for the use of the grant funds, as well
as provide the baseline criteria and metrics by which the overall
success of the grant project can be evaluated.

(2) Define the specific subset of the supervised population,
among the eligible supervised population that the grant money
will serve.

(3) Define the industry sector or sectors in which the targeted
supervised population will be trained, including the current and
projected workforce within the region for those jobs, the range of
wage rates, and the training and education requirements within
those industry sectors.

(4) Define the general methodology and training methods
proposed to be used and explain the manner in which the progress
of the targeted supervised population will be monitored during the
grant period.

(g) As a condition of receiving funds, a grant recipient shall
agree to provide information to the begin delete State WIB end delete begin insert California
Workforce Development Board end insert in sufficient detail to allow the
begin delete State WIB end delete begin insert California Workforce Development Board end insert to meet the
reporting requirements in Section 1234.4.

SEC. 6.  

Section 1234.4 of the Penal Code is amended to read:

1234.4.  

(a) On at least an annual basis, and upon completion
of the grant period, grant recipients shall report to the begin delete State WIB end delete
begin insert California Workforce Development Board end insert regarding their use of
the funds and workforce training program outcomes.

(b) By January 1, 2018, the begin delete State WIB end delete begin insert California Workforce
Development Board end insert shall submit a report to the Legislature using
the reports from the grant recipients. The report shall contain all
the following information:

(1) The overall success of the grant program, based on the goals
and metrics set in the awarded grants.

(2) An evaluation of the effectiveness of the grant program
based on the goals and metrics set in the awarded grants.

(3) A recommendation on the long-term viability of local
workforce begin delete investment board end delete begin insert development boards end insert and county
collaborations on workforce training programs for the supervised
population.

(4) A recommendation on the long-term viability of county
workforce training programs for the supervised population.

(5) In considering the overall success and effectiveness of the
grant program, the report shall include a discussion of all of the
following:

(A) 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.

(B) Whether the programs aligned with the workforce needs of
high-demand sectors of the state and regional economies.

(C) Whether there was an active job market for the skills being
developed where the member of the supervised population was
likely to be released.

(D) Whether the program increased the number of members of
the supervised population that obtained a marketable and industry
or apprenticeship board-recognized certification, credential, or
degree.

(E) Whether the program increased the numbers of the
supervised population that successfully complete a job readiness
basic skill bridge program and enroll in a long-term training
program.

(F) Whether there were formal or informal networks in the field
that support finding employment upon release from custody.

(G) Whether the program led to employment in occupations
with a livable wage.

begin insert

(H) Whether the program provided training opportunities in
areas related to work skills learned while incarcerated, including,
but not limited to, while working with the Prison Industry Authority.

end insert begin delete

(H)

end delete

begin insert ( end insert begin insert I) end insert  Whether the metrics used to evaluate the individual grants
were sufficiently aligned with the objectives of the program.

(c) (1) The requirement for submitting a report imposed under
subdivision (b) is inoperative on January 1, 2021, pursuant to
Section 10231.5 of the Government Code.

(2) A report to be submitted pursuant to subdivision (b) shall
be submitted in compliance with Section 9795 of the Government
Code.