BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          SB 753 (Nielsen) - Criminal Justice Reinvestment Assessment  
          Grant Program of 2015
          
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          |Version: February 27, 2015      |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: Yes                    |Mandate: Yes                    |
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          |Hearing Date: May 4, 2015       |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          

          Bill  
          Summary:  SB 753, an urgency measure, would establish a grant program,  
          and appropriate an unspecified sum from the General Fund, to be  
          administered by the Board of State and Community Corrections  
          (BSCC), for the purpose of establishing and implementing data  
          reporting systems to be used by the counties for criminal  
          offenders who were impacted by 2011 Realignment, as specified. 


          Fiscal  
          Impact:  
               Grant program implementation  :  One-time appropriation in  
              2015-16 from the General Fund of an unspecified amount to  
              establish and implement the grant program. Initial costs  
              would include funding to assist counties in creating or  
              expanding existing infrastructure in order to consistently  
              collect and report specified information. Potential costs to  
              meet the actual need across counties to successfully  
              establish and implement a system of uniform reporting are  







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              unknown but would likely be in the hundreds of millions of  
              dollars. 
               Grant program ongoing  :  To the extent the initial  
              appropriation to "assist" counties to create/expand  
              infrastructure is insufficient to meet the data collection  
              and reporting mandates in the bill, the remaining costs to  
              enable counties to comply with the provisions of the bill  
              would either 1) require an additional subvention of funds  
              (General Fund) if applicable to Proposition 30 provisions,  
              or, 2) could result in significant state-reimbursable costs  
              (General Fund).
               Data reporting  :  Major ongoing General Fund costs, both  
              direct and/or state-reimbursable, potentially in excess of  
              tens of millions of dollars (General Fund) for counties to  
              continually collect and report the specified data. For  
              example, costs to comply with specified data reporting  
              points such as "assessed risk level" could be substantial. 
               BSCC administration  :  Resource costs in the range of  
              $700,000 (General Fund) annually to BSCC to review local CCP  
              plans, administer the grants, compile the county-level data,  
              and submit the annual report. 


          Background:  The Public Policy Institute of California (PPIC) noted in its  
          recent report, Corrections Realignment and Data Collection in  
          California (April 2014):

               Realignment legislation did not dedicate funds for an  
               evaluation of the effects of realignment subsequent to  
               its implementation, nor did it provide counties with  
               specific funds for assessing the success rates of  
               their local correctional strategies. This was a missed  
               opportunity. Through realignment, the state  
               effectively created 58 county-level policy  
               laboratories. The variation across counties in  
               correctional practices creates an ideal opportunity to  
               identify cost-effective strategies and to disseminate  
               these best practices across the state. Yet, without a  
               consistent framework for data collection and  
               evaluation, weeding out failing strategies and  
               identifying successful ones will be a haphazard  
               process. 

               Acquisition of the data necessary to identify  








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               effective practices is a goal that is within reach.  
               However, it will require counties to make improvements  
               in four areas: capturing data, linking data across  
               systems, standardizing definitions, and upgrading  
               technology to facilitate extraction of data for  
               multiple purposes. Addressing these obstacles will  
               require leadership and a directed use of available  
               resources. But, if counties can make these  
               adjustments, there will be significant benefits,  
               including an improved ability to identify the most  
               effective strategies and target resources toward those  
               correctional interventions, an expanded base of  
               evidence to support difficult policy choices, and an  
               increased ability to share successful interventions.  
               For the state as a whole, increasing the capacity for  
               data-driven practices at the county level will result  
               in a more efficient, effective, and sustainable  
               corrections system. It will also enable the state to  
               better track the overall results of realignment and to  
               more easily implement incentive-based funding in the  
               future.

          This bill seeks to establish a framework and initial funding for  
          data collection and reporting systems across all counties and  
          enable the BSCC to compile and evaluate the statewide effects of  
          realignment on recidivism and overall public safety.


          Proposed Law:  
            This bill would establish the "Criminal Justice Reinvestment  
          Assessment Grant Program of 2015," as specified:
           BSCC Duties/Responsibilities
                  Requires the grant program to be administered by the  
               BSCC to award grants to assist counties with the creation  
               or expansion of infrastructure that allows each county to  
               consistently collect and report criminal justice  
               information, as specified.
                 Requires BSCC to review each county's assessment of  
               existing capacity to collect/report data and each community  
               corrections partnership's local plan identifying additional  
               resources needed to comply with the mandated data reporting  
               requirements.
                 On or before June 15, 2015, BSCC must submit a report to  
               the Legislature detailing the estimated need, cost, and  








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               schedule for each county to consistently collect and report  
               the data as required in the bill.
                 Requires BSCC to establish minimum standards, funding  
               schedules, and procedures for awarding grants, which shall  
               take into consideration the size of the county, and its  
               demonstrated efforts and ability to report data prior to  
               January 1, 2017.
                 Requires the BSCC to give preference to counties that  
               have demonstrated efforts to independently collect data on  
               a countywide basis. 
                 Requires BSCC to specify and define minimum required  
               data to be reported on felons "realigned" to the counties  
               under PC §1170(h) and felons released on postrelease  
               community supervision (PRCS), and prescribe the format in  
               which the data is to be reported.
                 Requires BSCC to compile the local reports by May 15th  
               of each year, beginning in 2016, and submit a report to the  
               Legislature and Governor summarizing the data reported by  
               the counties.
                 Appropriates an unspecified sum from the General Fund to  
               the BSCC in 2015-16 for the purpose of implementing the  
               grant program.
                 Authorizes BSCC to retain up to 5 percent of the  
               appropriation amount for administrative costs.
           Local Reporting Responsibilities
                  Requires each local CCP to report to BSCC by June 1,  
               2015, on the county's capacity to collect and report the  
               data required by the bill. Each report is to include a  
               local plan that identifies the additional resources  
               necessary for that county to consistently collect and  
               report the required data.
                 On or before January 1, 2016, and annually thereafter,  
               requires counties to report, at a minimum: 1) 38 data  
               points for each individual sentenced as a jail felon  
               pursuant to PC § 1170(h), and, 2) 20 data points for each  
               individual released from state prison who is subject to  
               local supervision (PRCS).
           Other Provisions
                  Contains codified legislative findings and declarations  
               generally concerning the Legislature's commitment to  
               reducing recidivism among criminal offenders.
                 Contains an urgency clause stating: "In order to ensure  
               that relevant data pertaining to the 2011 Realignment  
               Legislation addressing public safety are collected and  








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               reported as soon as possible to allow stakeholders to  
               measure the effectiveness of this landmark change in public  
               safety policy, it is necessary that this bill go into  
               immediate effect."


          Prior  
          Legislation:  SB 1097 (Nielsen) 2014 was substantially similar  
          to this measure. This bill was held on the Suspense File of this  
          Committee.


          Staff  
          Comments:  This bill requires a one-time appropriation in 2015-16 from  
          the General Fund of an unspecified amount to establish and  
          implement the grant program. Initial costs would include funding  
          to assist counties in creating or expanding existing  
          infrastructure in order to consistently collect and report  
          specified information. While the appropriation amount is  
          unspecified, the potential costs required to establish and  
          implement a uniform data reporting system in which counties  
          report data consistently would likely be in the hundreds of  
          millions of dollars. In order to link data across systems, the  
          costs could be significantly higher. 

          To the extent the initial appropriation to "assist" counties to  
          create or expand existing infrastructure is insufficient to meet  
          the data collection and reporting mandates in the bill, the  
          remaining costs to enable counties to comply with the bill's  
          provisions would result in either: 1) an additional subvention  
          of funds (General Fund) if the new costs to the counties would  
          be applicable under Proposition 30 provisions, or 2) significant  
          state-reimbursable costs (General Fund) to counties for the  
          costs above what was granted through the initial appropriation  
          to establish the infrastructure needed.

          Once the reporting system is established and operating, the  
          state would also incur significant ongoing annual General Fund  
          costs, both direct and/or state-reimbursable, potentially in  
          excess of tens of millions of dollars for the increased duties  
          on counties to continually collect and report the specified  
          data. The requirement to report the data point "assessed risk  
          level" alone could incur substantial costs. The PPIC report  
          noted the following with respect to risk and needs assessments,  








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          "Despite the importance of these data, practitioners do not  
          always gather or draw on these assessments. Although widely used  
          across probation departments, their use still varies across  
          sheriff's departments." (PPIC, Corrections Realignment and Data  
          Collection in California, April 2014, p. 12) Even for probation  
          departments that currently utilize risk assessments, the cost of  
          performing the risk assessments could potentially be determined  
          to be state-reimbursable by virtue of the mandated reporting  
          requirement of that assessment.

          The BSCC is authorized to retain 5 percent of the total  
          appropriation for administrative costs. The BSCC has indicated  
          costs of $700,000 (General Fund) annually to administer the  
          grant program.

          Proposition 30 (2012) provides that legislation enacted after  
          September 30, 2012, that has an overall effect of increasing the  
          costs already borne by a local agency for programs or levels of  
          service mandated by the 2011 Realignment Legislation shall apply  
          to local agencies only to the extent that the state provides  
          annual funding for the cost increase. Local agencies shall not  
          be obligated to provide programs or levels of service required  
          by legislation described in this paragraph above the level for  
          which funding has been provided. Any costs in excess of the  
          initial grants provided to local agencies to cover the costs of  
          infrastructure upgrades/development and data reporting would  
          potentially require a subvention of funds, or alternatively,  
          could potentially be eligible for state reimbursement through  
          the mandate process. The ongoing costs to local agencies to  
          continue collecting and reporting data, would likewise  
          potentially be the responsibility of the state. 
          
          To the extent the data collection and reporting efforts are  
          successful would facilitate a more efficient and effective use  
          of the state and local investment in realignment as well as  
          positive outcomes through reduced recidivism and efficient use  
          of state funds. 
          

          Recommended Amendments: This bill contains codified findings and  
          declarations.  In the interest of code clarity and efficiency,  
          staff recommends this bill be amended to place the findings and  
          declarations in an uncodified section of the bill.









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          Staff recommends specifying an appropriation amount in the bill.  
          Staff also recommends an amendment to authorize the use of  
          federal funds to support the efforts of establishing or  
          enhancing the data reporting systems. As noted in the PPIC  
          report, the federal Edward Byrne Memorial Justice Assistance  
          Grant (JAG) program includes a funding category for "Planning,  
          evaluation, and technological improvements," that could  
          potentially be pursued.
           
          Staff notes that the due dates specified in the bill are  
          ambitious and likely cannot be met. The bill requires each local  
          CCP to report to the BSCC before June 1, 2015, with an  
          assessment of its needs, and requires the BSCC to submit to the  
          Legislature by June 15, 2015 (two weeks), a report on the  
          estimated need, cost, and schedule for each county in order to  
          meet the collection and reporting requirements of this bill.  
          Additionally, each county is required to collect and report all  
          the data commencing on or before January 1, 2016, which would be  
          less than six months after the initial report to the  
          Legislature. For a county that requires extensive infrastructure  
          changes or development, this timeline will likely not be met.  
          The author may wish to consider revising the dates specified in  
          the bill to address this issue.


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