SB 753, as introduced, Nielsen. Criminal Justice Reinvestment Assessment Grant Program of 2015.
Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs.
This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2015. The bill would require the grant program to be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society.
The bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2015, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties.
The bill would require each county to report specified data to the board, on or before January 1, 2016, and annually thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2016, and annually thereafter.
By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program.
The bill would appropriate an undetermined sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Article 1.5 (commencing with Section 6033) is
2added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:
3
This article shall be known, and may be cited, as the
8Criminal Justice Reinvestment Assessment Grant Program of 2015.
The Legislature finds and declares all of the following:
P3 1(a) The Legislature is committed to reducing recidivism among
2criminal offenders, ensuring that local governments have adequate
3funding to achieve this goal, and facilitating the responsible
4implementation of the criminal justice policies contained in the
52011 Realignment Legislation addressing public safety.
6(b) By enacting the 2011 Realignment Legislation addressing
7public safety, the Legislature affirmed its commitment to justice
8reinvestment and stated that the purpose of justice reinvestment
9is to manage criminal justice populations more cost effectively,
10generating savings that can be reinvested in evidence-based
11strategies that increase
public safety while holding offenders
12accountable.
13(c) The 2011 Realignment Legislation addressing public safety
14represents a significant shift of responsibilities. However, the quick
15and unanticipated nature of the passage of this legislation, in
16combination with broad county discretion in its implementation,
17offers a unique opportunity to identify best practices in community
18corrections and the impacts of correctional decentralization.
19(d) The 2011 Realignment Legislation addressing public safety
20did not require counties to collect data on outcome measures, nor
21did it provide specific resources for data collection that if
22adequately funded and properly implemented would allow
23policymakers, researchers, stakeholders, and counties to take
24advantage of the historic opportunity to study and evaluate the
25changing felon population and the strategies and interventions that
26counties
employ to reduce recidivism.
27(e) The Bureau of State Audits’ September 2013 High Risk
28report identified the 2011 realignment of criminal justice
29responsibilities between the state and counties as a “high-risk”
30policy, citing a lack of “reliable and meaningful realignment data
31to ensure [the state’s] ability to effectively monitor progress toward
32achieving intended realignment goals.”
(a) The Criminal Justice Reinvestment Assessment
34Grant Program of 2015, which is hereby established, shall be
35administered by the Board of State and Community Corrections
36for the purpose of establishing and implementing reporting systems
37to identify and expand programs that provide proven,
38evidence-based, local programming opportunities for the successful
39reintegration of offenders into society. The board shall award grants
40to assist counties with the creation or expansion of infrastructure
P4 1that allows each county to consistently collect and report criminal
2justice information as required by Sections 6033.10 and 6033.12.
3(b) For purposes of this article, “board” means the Board of
4State and Community
Corrections.
(a) On or before June 1, 2015, each local community
6corrections partnership established pursuant to Section 1230 shall
7report to the board on the county’s capacity to collect and report
8the data required by Sections 6033.10 and 6033.12. The report
9shall include a local plan that identifies the additional resources
10necessary for that county to consistently collect and report criminal
11justice information as required by Sections 6033.10 and 6033.12.
12(b) The board shall review each assessment submitted pursuant
13to subdivision (a) and shall prioritize and award grants pursuant
14to Section 6033.8. Funding shall be used to supplement, rather
15than supplant, existing programs. Grant funds shall be used for
16programs that are identified in the local plan
submitted pursuant
17to subdivision (a).
18(c) The board shall submit to the Legislature on or before June
1915, 2015, a report detailing the estimated need, cost, and schedule
20for each county to consistently collect and report criminal justice
21information as required by Sections 6033.10 and 6033.12. The
22report shall be submitted in compliance with Section 9795 of the
23Government Code.
(a) The board shall establish minimum standards,
25funding schedules, and procedures for awarding grants, which
26shall take into consideration, but not be limited to, all of the
27following:
28(1) Size of the county.
29(2) Demonstrated efforts to report data prior to January 1, 2017.
30(3) Demonstrated ability to report data prior to January 1, 2017.
31(b) The board shall give preference to counties that have
32demonstrated efforts to independently collect data on a countywide
33basis.
(a) On or before January 1, 2016, and annually each
35year thereafter, each county shall report specified data to the board
36in a format prescribed by the board. The board shall specify and
37define minimum required reporting which shall include, but not
38be limited to, the following for each individual sentenced pursuant
39to subdivision (h) of Section 1170:
40(1) Individual identifiers.
P5 1(2) County identifiers.
2(3) Date of birth.
3(4) Gender.
4(5) Race or ethnicity.
5(6) Age at first arrest.
6(7) Conviction offense.
7(8) Sanction or sentence received.
8(9) Total jail time served.
9(10) Release status.
10(11) Violations of probation.
11(12) Rearrests.
12(13) Reconvictions.
13(14) Any other return to custody.
14(15) Use of flash incarceration.
15(16) Assessed risk level.
16(17) Participation in pretrial programs.
17(18) Participation in specialty court.
18(19) Participation in day reporting release programs.
19(20) Participation in electronic monitoring programs.
20(21) Participation in community service release programs.
21(22) Participation in work release programs.
22(23) Participation in intensive probation supervision.
23(24) Needs assessment.
24(25) Any reentry programming provided.
25(26) Participation in cognitive behavioral therapy.
26(27) Participation in mental health treatment.
27(28) Participation in substance abuse treatment.
28(29) Participation in gender-specific programming.
29(30) Participation in family programming.
30(31) Any health care assistance provided.
31(32) Any housing assistance provided.
32(33) Any income support provided.
33(34) Any employment assistance provided.
34(35) Any vocational training assistance provided.
35(36) Any educational enrollment assistance provided.
36(37) Any mentoring programming provided.
37(38) Any peer support programming provided.
38(b) The board shall compile the local reports and, by May 15,
392016, and, notwithstanding Section 10231.5 of the Government
40Code, by May 15 of each year thereafter, make a report to the
P6 1Governor and the Legislature that summarizes the data reported
2by the counties pursuant to subdivision (a). The report submitted
3to the Legislature shall be submitted in compliance with Section
49795 of the Government Code.
(a) On or before January 1, 2016, and annually each
6year thereafter, each county shall provide specified data to the
7board in a format prescribed by the board. The board shall specify
8and define minimum required reporting which shall include, but
9not be limited to, the following for each individual supervised
10pursuant to Section 3451:
11(1) Violations of postrelease community supervision.
12(2) Rearrests.
13(3) Reconvictions.
14(4) Any other return to custody.
15(5) Use of flash incarceration.
16(6) Participation in intensive probation supervision.
17(7) Any reentry programming provided.
18(8) Participation in cognitive behavioral therapy and whether
19the individual has completed or failed to complete the therapy’s
20requirements.
21(9) Participation in mental health treatment and whether the
22individual has completed or failed to complete the treatment’s
23requirements.
24(10) Participation in substance abuse treatment and whether the
25individual has completed or failed to complete the treatment’s
26requirements.
27(11) Participation in gender-specific programming.
28(12) Participation in family programming.
29(13) Any health care assistance provided.
30(14) Any housing assistance provided.
31(15) Any income support provided.
32(16) Any employment assistance provided.
33(17) Any vocational training assistance provided.
34(18) Any educational enrollment assistance provided.
35(19) Any mentoring programming provided.
36(20) Any peer support programming provided.
37(b) The board shall compile the local
reports and, by May 15,
382016, and, notwithstanding Section 10231.5 of the Government
39Code, by May 15 of each year thereafter, make a report to the
40Governor and the Legislature that summarizes the data reported
P7 1by the counties pursuant to subdivision (a). The report submitted
2to the Legislature shall be submitted in compliance with Section
39795 of the Government Code.
(a) The amount of ____ dollars ($____) is hereby
5appropriated from the General Fund to the board for the 2015−16
6fiscal year for the purpose of implementing this article.
7(b) The board may award up to the amount of the appropriation,
8less the board’s administrative costs, not to exceed 5 percent of
9the total grant funding awarded statewide, as individual grants not
10exceeding ____to counties to assist in establishing data reporting
11systems that will allow a county to consistently collect and report
12criminal justice information as required by Sections 6033.10 and
136033.12.
If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
This act is an urgency statute necessary for the
20immediate preservation of the public peace, health, or safety within
21the meaning of Article IV of the Constitution and shall go into
22immediate effect. The facts constituting the necessity are:
23In order to ensure that relevant data pertaining to the 2011
24Realignment Legislation addressing public safety are collected
25and reported as soon as possible to allow stakeholders to measure
26the effectiveness of this landmark change in public safety policy,
27it is necessary that this bill go into immediate effect.
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