BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:    AB 2061       Hearing Date:    June 14, 2016    
          
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          |Author:    |Waldron                                              |
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          |Version:   |April 25, 2016                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|AA                                                   |
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          Subject:  Supervised Population Workforce Training Grant Program



          HISTORY

          Source:   Author

          Prior Legislation:AB 2060 (V. Manuel Pérez) - Chapter 383,  
          Statutes of 2014

          Support:  A New Way of Life Re-entry Project; California  
                    Catholic Conference; California Correctional Peace  
                    Officers Association; California Public Defenders  
                    Association; California Workforce Association; Legal  
                    Services for Prisoners with Children; Rock Church  
                    Prison Ministry; Second Chance; one individual 

          Opposition:None known

          Assembly Floor Vote:                 76 - 0


          PURPOSE

          The purpose of this bill is to 1) establish an additional  
          Supervised Population Workforce Training Grant (SPWTG) Program  
          priority for applications that include one or more employers who  
          have demonstrated interest in employing individuals in the  








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          supervised population, including "earn and learn" opportunities,  
          and intent to hire; 2) expand the areas of the final program  
          assessment to include whether the SPWTG 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; and 3) make additional  
          technical changes.

          Current law establishes the California Workforce Investment  
          Board.  (Unemp. Ins. Code, § 14010 et seq.)

          This bill updates references to the California Workforce  
          Investment Board to reflect its new name, the California  
          Workforce Development Board (CWDB).

          Current law 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.)

          Current law requires the CWDB to administer the SPWTGP by doing  
          the following:  

             a)   Developing criteria for the selection of grant  
               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.)

          Current law provides that preference shall be awarded to  
          applications for the following: 









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             a)   Propose matching funds, as specified; 

             b)   Is proposed by a county that currently administers or  
               participates in 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).)

          This bill would also give preference to an application that  
          proposes participation by one or more employers who have  
          demonstrated interest in employing individuals in the supervised  
          population, including, but not limited to, earn and learn  
          opportunities and intent to hire letters for successfully  
          completing the program.

          This bill defines "earn and learn" to have the same meaning as  
          in Section 14005 of the Unemployment Insurance Code.<1>

          Current law requires, on at least an annual basis, and upon  
          completion of the grant period, grant recipients to report to  
          the California Workforce Development Board regarding their use  
          of the funds and workforce training program outcomes.  (Penal  
          Code § 1234.4 (a).)  Current law further requires that, by  
          January 1, 2018, the State WIB California Workforce Development  
          Board shall submit a report to the Legislature using the reports  
          ---------------------------

          <1> That provision states, "(q) (1) "Earn and learn" includes,  
          but is not limited to, a program that does either of the  
          following: (A) Combines applied learning in a workplace setting  
          with compensation allowing workers or students to gain work  
          experience and secure a wage as they develop skills and  
          competencies directly relevant to the occupation or career for  
          which they are preparing. (B) Brings together classroom  
          instruction with on-the-job training to combine both formal  
          instruction and actual paid work experience. (2) "Earn and  
          learn" programs include, but are not limited to, all of the  
          following: (A) Apprenticeships. (B) Preapprenticeships. (C)  
          Incumbent worker training. (D) Transitional and subsidized  
          employment, particularly for individuals with barriers to  
          employment. (E) Paid internships and externships. (F)  
          Project-based compensated learning."








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          from the grant recipients. The report is required to contain all  
          the following information:

                 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;

                 Whether the programs aligned with the workforce needs of  
               high-demand sectors of the state and regional economies;

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

                 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;

                 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;

                 Whether there were formal or informal networks in the  
               field that support finding employment upon release from  
               custody;

                 Whether the program led to employment in occupations  
               with a livable wage;  and

                 Whether the metrics used to evaluate the individual  
               grants were sufficiently aligned with the objectives of the  
               program.  (Pen. Code, § 1234.4.)

          This bill would add 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. 

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  









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          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 December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 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).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 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 must stabilize these advances and  
          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  









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          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:

               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.Background

          This bill refines provisions enacted into law in 2013 by AB 2060  









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          (V. Manuel Pérez).  That measure created the Supervised  
          Population Workforce Training Grant Program, administered by the  
          CWIB, to provide 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. CWIB is  
          required to administer the grant program through a public  
          process, as specified.  SB 852 (Leno), the 2014-2015 budget  
          bill, contained an appropriation of $1 million for "support of  
          Employment Development Department, for a recidivism reduction  
          workforce training and development grant program, payable from  
          the Recidivism Reduction Fund . . . ." 



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