BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 621| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 621 Author: Hertzberg (D) Introduced:2/27/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/7/15 AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Mentally ill offender crime reduction grants SOURCE: Los Angeles District Attorney's Office DIGEST: This bill explicitly includes a reference to "diversion" programs that offer appropriate mental health treatment and services among the programs for which Mentally Ill Offender Crime Reduction funds may be used. ANALYSIS: Existing law: 1)Establishes the Board of State and Community Corrections (BSCC) as an independent entity of the California Department of Corrections and Rehabilitation (CDCR). (Penal Code § 6024(a).) SB 621 Page 2 2)Provides that it is the mission of the BSCC to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system. (Penal Code § 6024(b).) 3)Requires BSCC to "administer mentally ill offender crime reduction grants on a competitive basis to counties that expand or establish a continuum of timely and effective responses to reduce crime and criminal justice costs related to mentally ill offenders. The grants administered under this article by the board shall be divided equally between adult and juvenile mentally ill offender crime reduction grants in accordance with the funds appropriated for each type of grant. The grants shall support prevention, intervention, supervision, and incarceration-based services and strategies to reduce recidivism and to improve outcomes for mentally ill juvenile and adult offenders." (Penal Code § 6045(a).) 4)Provides that the "application submitted by a county shall describe a four-year plan for the programs, services, or strategies to be provided under the grant. The board shall award grants that provide funding for three years. Funding shall be used to supplement, rather than supplant, funding for existing programs. Funds may be used to fund specialized alternative custody programs that offer appropriate mental health treatment and services. . . . (Penal Code § 6045.4) This bill expressly includes the word "diversion" as a kind of program authorized to receive these funds. Background Last year's budget allocated $18 million -- $9 million for adult offenders and $9 million for juvenile offenders -- to the Mentally Ill Offender Crime Reduction Program (MIOCR) as authorized by the passage of SB 1054 (Steinberg, Chapter 436, SB 621 Page 3 Statutes of 2014). MIOCR originated in 1998, when the Legislature passed SB 1485 (Rosenthal). Under SB 1485, the Board of Corrections (what is now the BSCC) awarded grants to support the development, implementation, and evaluation of projects that demonstrated locally identified strategies for reducing recidivism among mentally ill offenders. An evaluation of the MIOCRG (Mentally Ill Offender Crime Reduction Grant) program in 2005 indicated generally favorable outcomes: The Board's analysis of the local research findings confirms that the enhanced treatment and support services offered through the MIOCRG program made a positive difference. The statewide research shows that program participants were: 1) more comprehensively diagnosed and evaluated regarding their mental functioning and therapeutic needs, 2) more quickly and reliably provided with services designed to ameliorate the effects of mental illness, 3) provided with more complete after-jail systems of care designed to ensure adequate treatment and support, and 4) monitored more closely to ensure that additional illegal behavior, mental deterioration, and other areas of concern were quickly addressed. As a result, MIOCRG participants were booked less often, convicted less often, and convicted of less serious offenses when they were convicted than were those receiving treatment as usual (TAU). Fewer participants served time in jail and, when they did serve time, they were in jail for fewer days than were TAU participants. MIOCRG participants improved in 'Quality of Life' outcomes including Global Assessment of Functioning (GAF) scores, reduced substance use/abuse, having housing, and economic self-sufficiency. The Budget Act of 2014 included $18 million appropriated to the BSCC from the Recidivism Reduction Fund for the MIOCR grant program. The BSCC has indicated 35 applications for MIOCR projects requesting nearly $32.6 million in grant funds have SB 621 Page 4 been received. While no grants have been awarded to date, the BSCC has indicated award recommendations will be presented to the BSCC Board in June 2015. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: Major future cost pressure in the millions of dollars (General Fund/Special Fund) to the extent adding diversion programs as an authorized use of MIOCR grant funds results in additional funding appropriated and subsequently awarded for these programs. To the extent the level of existing MIOCR grant funding remains unchanged or decreases in future years, expanding the authorized use of funds could result in a shift of grant awards to diversion programs, thereby reducing available grant funding for alternative custody programs. SUPPORT: (Verified5/28/15) Los Angeles District Attorney's Office (source) American Association for Marriage and Family Therapy, California Division American Civil Liberties Union of California California Attorneys for Criminal Justice California District Attorneys Association California Fraternal Order of Police California Probation Parole and Correctional Association California State Association of Counties Chief Probation Officers of California Contra Costa County Board of Supervisors County Behavioral Health Directors Association Disability Rights California Legal Services for Prisoners with Children Long Beach Police Officers Association Los Angeles County Board of Supervisors Los Angeles County Professional Peace Officers Association Marin County Board of Supervisors SB 621 Page 5 Mental Health America of California National Alliance on Mental Illness California Sacramento County Deputy Sheriffs' Association Santa Ana Police Officers Association OPPOSITION: (Verified5/28/15) None received ARGUMENTS IN SUPPORT: The author states: In an effort to reinvest in treatment and prevention at the local level, SB 621 promotes cost-effective approaches to meet the long-term needs of adults and juveniles with mental disorders who are offenders. This bill will give counties the resources they need to divert mentally ill low-level offenders to treatment rather than jail, with follow-up services for those released from jail to keep them from reoffending. Prepared by:Alison Anderson / PUB. S. / 5/30/15 18:02:01 **** END ****