BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 621|
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                                   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).)








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          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,  







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          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  







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          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







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          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


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