BILL ANALYSIS Ó
AB 2061
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Date of Hearing: March 29, 2016
Consultant: Matt Dean
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2061 (Waldron) - As Introduced February 17, 2016
SUMMARY: Expands programs eligible for grants funds from the
California Workforce Development Board (CWDB) to include "earn
and learn" opportunities, and to give "earn and learn" programs
preference. Specifically, this bill:
1)Adds and defines "earn and learn" as a program to do either of
the following:
a) A program that combines applied learning in a workplace
setting with compensation so workers and students can gain
work experience and skills; or
b) Bring together classroom instructions with on-the-job
training. Such programs include but are not limited to:
i) apprenticeships;
ii) pre-apprenticeships;
iii) incumbent worker training
iv) transitional and subsidized employment (particularly
for persons with barriers to employment);
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v) paid internships and externships; and
vi) project-based compensated learning.
2)Replaces apprenticeships with "earn and learn" opportunities,
as defined, for programs which are eligible to receive grant
funds distributed by the CWDB.
3)Adds to the list of preferences for grant proposals
applications that propose participation by one or more
employers who have demonstrated interest in employing
individuals in the supervised population, including earn and
learn opportunities.
4)Adds to CWDB's reporting requirements on grant recipients that
the report include whether the grant program recipients
provided training opportunities in areas related to work
skills learned while incarcerated, including, but not limited
to, while working with the Prison Industry Authority.
EXISTING LAW:
1)Establishes the California Workforce Investment Board (now
known as the CWDB). (Unemp. Ins. Code, § 14010 et seq.)
2)Defines "supervised population" as those persons who are on
probation, mandatory supervision, or post-release community
supervision and are supervised by, or are under the
jurisdiction of, a county. (Pen. Code, §1234, subd. (c).)
3)Establishes the Supervised Population Workforce Training Grant
Program (SPWTGP), to be administered by the California
Workforce Investment Board (now known as the CWDB). (Pen.
Code, §1234.1.)
4)Requires the CWDB to administer the SPWTGP by doing the
following:
a) Developing criteria for the selection of grant
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recipients, as provided;
b) Design the grant program application process to ensure
outreach and technical assistance is available to
applicants;
c) Ensure grants are awarded on a competitive basis; ensure
small and rural counties are competitive in applying for
funds;
d) Encourages applicants to develop evidence-based best
practices for serving the workforce training and education
needs of the supervised population; and
e) The education and training needs of individuals with
some postsecondary education and those who need basic
education are addressed. (Pen. Code, § 1234.2.)
5)States that grants shall be awarded competitively. (Pen.
Code, § 1243.3, subd. (a).)
6)Requires, at a minimum, that each proposed project include a
provision for an education and training assessment for each
supervised population participant. (Pen. Code, § 1243.3,
subd. (c).)
7)States that eligible uses of SPWTGP funds include vocational
training, stipends for trainees and apprenticeship
opportunities. (Pen. Code, § 1243.3, subd. (d).)
8)Gives preference to SPWTGP applications which:
a) Propose matching funds;
b) Is proposed by a county that currently administers a
workforce training program for the supervised population;
and
c) Proposes participation by one or more nonprofit
community-based organizations that serve the supervised
population. (Pen. Code, § 1243.3, subd. (e).)
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9)Requires SPWTGP applications to set specific purposes and
criteria by which the program can be evaluated, defines the
subset of the supervised population the grant will serve,
defines the industry sector in which the targeted supervised
population will be trained and the estimated pay and demand
for workers in that industry, defines the general methodology
and training methods to be used, and explains how progress
among the supervised population trained will be measured.
(Pen. Code, § 1243.3, subd. (f).)
10)Conditions receipt of SPWTGP grant funds on recipients
agreeing to provide information related to CWDB's reporting
requirements. (Pen. Code, § 1243.3, subd. (g).)
11)Requires the CWDB to annually report on the outcomes achieved
by grant recipients, including the overall success of the
SPWTGP based on the metrics set in awarded grants, and to make
a recommendation on the long-term viability of local workforce
investment boards for the supervised populations. Criteria
for evaluation of the SPWTGP's success shall include:
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;
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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; and
h) Whether the metrics used to evaluate the individual
grants were sufficiently aligned with the objectives of the
program. (Pen. Code, § 1234.4.)
12)Sunsets the CWDB's reporting requirements on January 1, 2021.
(Pen. Code, § 1234.4, subd. (c).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Returning to
responsible working life after incarceration or drug/alcohol
intervention is a critical and often a difficult process.
Finding employment for rehabilitated persons is a major
contribution to reducing recidivism rates. Business and
non-profits that hire former convicts significantly help them,
their families, and communities they will live in.
"In reality, it is difficult, if not daunting, for a
previously convicted person to attain employment due to lack
of training, social skills, bias or fear. AB 2061 will bridge
the gap in making it easier for a business or non-profit to
hire those rehabilitated persons, allowing them to learn much
needed job skills and experience in order to fully return to
life in society."
2)State Strategy on Employment of Former Offenders: The federal
Workforce Investment Act requires the Governor, through 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
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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 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 Local Boards to encourage and develop innovative
services for the ex-offender population.
"With Policy Link and the National Employment Law Project
(NELP), the State Board is helping convene Local Boards,
to ensure formally incarcerated individuals have access
to quality employment services. The State Board also
worked with EDD and NELP to develop a directive to ensure
that Local Boards comply with nondiscrimination
obligations when serving individuals with criminal
records.
http://edd.ca.gov/Jobs_and_Training/pubs/wsd12-9.pdf .
"Consistent with Adults Goal Objective 1, Action 2; the
State Board will work with the Local Boards to identify
in their Local Plan strategies they will utilize to
identify and remove barriers hampering their investment
of WIA Adult and Dislocated Worker funds in [career
technical education] programs to the ex-offender
population in their areas. (Shared Strategy for a Shared
Prosperity: California's Strategic Workforce Development
Plan 2013 - 2017, California Workforce Investment Board.
(2013) Services to State Target Populations, p. 10-7, 8
< http://www.cwib.ca.gov/res/docs/state_plans/Final%20Appro
ved%20State%20Plan/12%20Chapter%20X%20Services%20to%20Stat
e%20Target%20Populations.pdf > [as of Apr. 2, 2014].)
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3)Recidivism Reduction Fund: Pursuant to an order from the
federal Three-Judge Court presiding over the Plata/Coleman v.
Brown cases, California was required to reduce its prison
population to 137.5% of system-wide design capacity by
December 31, 2013. In response, the Governor proposed an
immediate plan to expand inmate housing to comply with the
court order and avoid the early release of prison inmates. In
the days following the release of the Governor's original
plan, the Governor and the Legislature agreed to a different
proposal that would take effect should the Three-Judge Court
grant the state's request to modify the order to allow the
state additional time to comply. The new plan, laid out in SB
105 (Steinberg), Chapter 310, Statutes 2013, stipulated that
if the amount of funding necessary to comply with a revised
court order extending the time to comply is less than the $315
million appropriated to facilitate immediate inmate housing
without any early release, the Director of Finance is to
direct the Controller to transfer the first $75 million of
such savings to the Recidivism Reduction Fund. Any additional
savings is to be allocated as follows: 50% reverted to the
General Fund and 50% transferred to the Recidivism Reduction
Fund. The purpose of the Recidivism Reduction Fund is to fund
activities aimed at reducing the state's prison population,
including, but not limited to, reducing recidivism. (Pen.
Code, § 1233.9.)
4)Argument in Support: According to Legal Services for
Prisoners with Children, "We believe that the escalation of
tough-on-crime policies over the past three decades has not
made us safer. We believe that in order to build truly safe
and healthy communities we must ensure that all people have
access to adequate housing, quality health care and education,
healthy food, meaningful work and the ability to fully
participate in the democratic process, regardless of their
involvement with the criminal justice system.
"Often, formerly incarcerated people are denied jobs for which
they are qualified on the basis of a past conviction. The
purpose of these grants is to provide a path for formerly
incarcerated people to find employment. By giving preference
to employers who hire formerly incarcerated people, this bill
asks these grant recipients to put their money where their
mouths are; to hire the people they are training for
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employment. This will increase the incentive to hire formerly
incarcerated people and hopefully decrease bias against hiring
them.
"This bill may result in a greater diversity within the
recipients of the grant money, as well as improving the
quality and responsiveness of these organizations to the
people they serve.
"Passing this bill is a step towards full restoration of
people's rights upon release from custody. For these reasons,
we urge your 'aye' vote on this bill."
5)Related Legislation:
a) AB 2288 (Burke) would require the CWDB and each local
board to ensure that pre-apprenticeship training in the
construction trades follows the Multi-Craft Core
Curriculum, and that programs funded by the federal
Workforce Innovation and Opportunity Act of 2014 and
directed to apprentice-able occupations in the construction
trades include plans to increase the percentage of women in
those trades.
b) AB 2105 (Rodriguez) would set the sunset date for the
CWDB's requirement to report to the Legislature a report on
the board's findings and recommendations regarding "earn
and learn" job training opportunities to January 1, 2020.
6)Prior Legislation: AB 2060 (V. Manuel Pérez), Chapter 383,
Statutes of 2014, established the Supervised Population
Workforce Training Grant Program.
REGISTERED SUPPORT / OPPOSITION:
Support
Legal Services for Prisoners with Children
Opposition
None
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Analysis Prepared
by: Matt Dean / PUB. S. / (916) 319-3744