BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 356 (Hancock) - Opportunity Yard Pilot Project
          
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          |Version: February 24, 2015      |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 11, 2015      |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.




          Bill  
          Summary:  SB 356 would require the Secretary of the Department  
          of Corrections and Rehabilitation (CDCR) to establish the  
          "Opportunity Yard Pilot Project" in at least five prisons, as  
          specified.


          Fiscal  
          Impact:  Major costs of $10.8 million (General Fund) per year  
          for three years to establish and operate a three-year program in  
          five prisons. To the extent programs are established in  
          additional prisons or operate in excess of three years, as  
          allowable under the provisions of this measure, costs would be  
          commensurately greater.


          Background:  Existing law establishes the CDCR to oversee the state prison  
          system, which is comprised of 34 prisons and 43 conservation  







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          camps. The CDCR also has jurisdiction over inmates housed in  
          in-state and out-of-state contracted beds. CDCR also supervises  
          and treats adult parolees.
          The CDCR report, The Future of California Corrections: A  
          Blueprint to Save Billions of Dollars, End Federal Court  
          Oversight, and Improve the Prison System, listed improved access  
          to rehabilitation as one of the key components to reaching its  
          goals of satisfying the Supreme Court's order, achieving  
          significant savings, and maintaining an effective prison system  
          for years to come. With regard to programming:


              This plan enables the department to improve access  
              to rehabilitative programs and place at least 70  
              percent of the department's target population in  
              programs consistent with their academic and  
              rehabilitative needs. Increasing access to  
              rehabilitative programs will reduce recidivism by  
              better preparing inmates to be productive members  
              of society. In doing so, it will help lower the  
              long-term prison population and save the state  
              money.

              Prior to realignment, the department was able to  
              serve only a small percentage of its target  
              population. Realignment has provided the  
              opportunity to increase access and improve its  
              rehabilitative programs, which will significantly  
              lower California's recidivism rate. 

              In addition to reentry hubs, the department will  
              designate certain facilities as  
              enhanced-programming units in order to support and  
              create incentives for inmates who, based on their  
              own behaviors and choices, are ready to take full  
              advantage of programming opportunities. Program  
              options in these institutions will be primarily  
              academic and career technical education programs,  
              volunteer, and self-help programs.


          Proposed Law:  
           This bill would require the CDCR to establish the Opportunity  
          Yard Pilot Project in at least five prisons for offenders under  








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          CDCR jurisdiction who have been sentenced under PC § 1170  
          (previous conviction for a serious or violent felony or an  
          offense requiring sex offender registration) and are likely to  
          benefit from placement in a program designed to provide  
          comprehensive educational and rehabilitative programming.  
          Specifically, this bill:
           Provides that the mission of this pilot would be to implement  
            promising and evidence-based practices and programming in a  
            separate, special purpose prison housing unit setting designed  
            to strengthen the ability of eligible inmates to successfully  
            reenter society upon completion of their prison sentence. 
           Requires the pilot program to integrate evidence-based  
            practices of supervision, treatment, and rehabilitation in a  
            positive, safe, and purposeful correctional environment. 
           Requires the pilot be initiated in at least five prisons, as  
            selected by CDCR, for at least three years. At least two of  
            the prisons chosen shall be Level III general population  
            facilities. At least two of the prisons shall be Level IV  
            general population facilities.
           Requires CDCR to develop and implement criteria for selecting  
            inmates that are consistent with specified requirements  
            including that inmate placement in the program shall be  
            voluntary, and to the extent feasible, the program is to be  
            comprised of at least a majority of offenders between 18 and  
            26 years of age, inclusive, with a parole consideration  
            hearing date not exceeding five years from the date of their  
            placement in the program.
           Requires CDCR to develop and implement appropriate selection  
            criteria and training for staff, programming and curriculum  
            for the program, and a plan for evaluating the program and  
            identifying outcome measures for program participants.
           Authorizes CDCR to adopt emergency regulations to implement,  
            and subsequently adopt permanent regulations that make  
            appropriate changes in policies and procedures.
           Sunsets the bill's provisions on January 1, 2021.


          Related  
          Legislation:  None applicable.


          Staff  
          Comments:  The CDCR has indicated that in order to develop,  
          activate, and maintain the proposed Opportunity Yard Pilot  








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          Project, the Division of Rehabilitative Programs (DRP) would  
          require additional personnel. Assuming that DRP utilized current  
          methods of operation similar to those for Reentry Hub Programs,  
          which is the closest existing program to the program proposed in  
          this measure, the specific impact would be dependent upon  
          negotiation with bargaining units before criteria could be  
          developed for selecting and training staff assigned to the  
          program. It is estimated that DRP would develop eligibility  
          criteria for program participation through existing procedures,  
          and the current method for evaluating programming/curriculum and  
          measuring program outcomes could be modified for use in the  
          pilot. 

          CDCR estimates total costs of $10.8 million annually for three  
          years to operate the pilot in five prisons. This estimate is  
          based on 18 civil service staff positions at a cost of $1.96  
          million and approximately $8.86 million per year for the  
          contracted services in five prisons. The contracted service  
          costs are based on an average cost of $9.71 per inmate, per day  
          in Reentry Hub programming, which provides similar services.  
          This cost also assumes 500 program slots per prison. 

          To the extent the provision of enhanced programming provided by  
          the pilot program increases the ability of eligible inmates to  
          successfully reenter society upon completion of their prison  
          sentence could lead to future cost savings in reduced recidivism  
          of an unknown, but potentially significant amount.

          Recommended Amendments:  To reduce the estimated costs of this  
          measure, the author may wish to reduce or cap the potential size  
          and duration of the pilot. The bill currently requires  
          establishment of the pilot in at least five prisons for at least  
          three years.




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