Amended in Senate March 17, 2016

Senate Bill No. 1013

Introduced by Senator Beall

February 11, 2016

begin delete An act relating to parolees. end delete begin insert An act to amend Sections 2985, 2985.1, 2985.2, 2985.3, 2985.4, and 2985.5 of the Penal Code, relating to parolees. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1013, as amended, Beall. begin delete Parolees: mental illness: end delete begin insert Mentally ill parolees: end insert housing.

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(1) Existing law authorizes the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems, and requires the department to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law provides that an inmate or parolee is eligible for participation if he or she has a serious mental disorder, as defined, has been assigned a release date from state prison, and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies. Existing law requires a service provider to comply with specified requirements, including, among others, that the service provider has prior experience working with county or regional mental health programs.

end insert begin insert

This bill would require a service provider to also demonstrate an existing relationship with a supportive housing provider. The bill would specify that a program participant is not required to receive other services for mentally ill parolees as a condition of eligibility to receive rental assistance through the program. The bill would require a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined. The bill would also prohibit the department or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the person’s parole.

end insert begin insert

(2) Existing law requires a service provider to identify and locate supportive housing opportunities prior to a program participant’s release from state prison or as quickly upon release from state prison as possible, or as quickly as possible when a program participant is identified during parole. Existing law requires a service provider to report specified information to the department, including the number of program participants served and the outcomes for program participants, including the number of participants who returned to state prison.

end insert begin insert

This bill would require a service provider to identify and locate supportive housing opportunities no later than 9 months after the program participant has agreed to participate in the program. The bill would require that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy. The bill would require a service provider to use a portion of the program payments received to provide interim housing, as defined. The bill would also require a service provider to report to the department the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail. The bill would also make technical, nonsubstantive, and clarifying changes.

end insert begin delete

Existing law requires the Secretary of the Department of Corrections and Rehabilitation to establish the Case Management Reentry Pilot Program for specified offenders, primarily eligible parolees, who are likely to benefit from a case management reentry strategy that is designed to address, among other things, homelessness and mental disorders.

end delete begin delete

This bill would state the intent of the Legislature to enact legislation that would expand mentally ill parolees’ access to supportive housing.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares all of the
following: end insert

begin insert

(a) The Legislature passed, and the Governor signed, Senate
Bill 1021 in 2012, which included direction to the Department of
Corrections and Rehabilitation to create the Supportive Housing
Program for Mentally Ill Parolees, pursuant to Section 3073 of
the Penal Code. The program was intended to use funds budgeted
for the Integrated Services for Mentally-Ill Parolees (ISMIP)
program to serve the purposes outlined in Senate Bill 1021.

end insert begin insert

(b) Since 2012, the budget has not referred to the program by
name and funds have not been used for their legislatively intended
purposes.

end insert begin insert

(c) It is the intent of the Legislature to strengthen the ISMIP
program to ensure that the department promotes the
evidence-based wrap-around services, including rental subsidies
in an amount adequate to allow mentally ill parolees experiencing
homelessness or at risk of experiencing homelessness upon release
from prison to obtain and maintain housing stability during and
after the term of parole, thereby reducing recidivism among
parolees with a history of homelessness.

end insert begin insert

(d) It is the intent of the Legislature that contracts the
department enters into under the ISMIP program require
contractors to target resources to parolees experiencing
homelessness or offenders a risk of homelessness upon release.
The contracts shall emphasize housing permanency and stability
over food, clothing, and drop-in or day center services and shall
require contractors to use a substantial portion of the contracted
payment to provide rental assistance to obtain housing that is
independent and integrated into the community.

end insert begin insert

(e) It is the intent of the Legislature that the Department of
Corrections and Rehabilitation include the changes made in this
act into contracts renewed or entered into for the ISMIP program
on and after January 1, 2017.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2985 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2985.  

It is the intent of the Legislature in enacting this article
to provide evidence-based, comprehensive mental health and
supportive services, including housing subsidies, to parolees who
suffer from mental illness and are begin insert either homeless or end insert at risk of
homelessness, in order to successfully reintegrate the parolees into
the community, increase public safety, and reduce state costs of
recidivism. It is further the intent of the Legislature to supplement
existing parole outpatient clinic services by providing services to
individuals who suffer from a severe mental illness, as defined in
Section 5600.3 of the Welfare and Institutions Code, and who
require services that cannot be provided by parole outpatient
clinics, including services provided pursuant to Section 5806 of
the Welfare and Institutions Code.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2985.1 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2985.1.  

For purposes of this article, the following definitions
shall apply:

begin insert

(a) “Bridge rental assistance” means rental assistance paid to
participating landlords while the service provider and program
participant seek permanent rental assistance that allows the
program participant to remain in the same housing or, when
feasible, allows the program participant to incur the full
responsibility of paying rent through employment or benefits
entitlement once parole ends.

end insert begin delete

(a)

end delete

begin insert (b) end insert  “Department” means the Department of Corrections and
Rehabilitation.

begin insert

(c) “Fair market rent” means the rent, including the cost of
utilities other than telephone, as established by the federal
Department of Housing and Urban Development, for units of
varying sizes, as determined by the number of bedrooms, that must
be paid in the market area to rent privately owned, existing, decent,
safe, and sanitary rental housing of a modest nature with suitable
amenities.

end insert begin insert

(d) “Homelessness” has the same meaning as in Part 91 of Title
24 of the Code of Federal Regulations.

end insert begin insert

(e) “Integrated Services for Mentally Ill Parolees program” or
“ISMIP program” means the program of supportive services and
housing support provided by this article.

end insert begin insert

(f) “Interim housing” means a temporary residence in which a
program participant resides, for a period not to exceed nine
months, while waiting to move into permanent housing. “Interim
housing” may include housing that is paid for using motel vouchers
or housing in which a program participant resides for the purpose
of receiving recuperative care.

end insert begin insert

(g) “Likely to become homeless upon release” or “at risk of
homelessness” means the individual has a history of homelessness
and he or he satisfies both of the following criteria:

end insert begin insert

(1) The individual has not identified a fixed, regular, and
adequate nighttime residence for release.

end insert begin insert

(2) The individual’s only identified nighttime residence for
release includes a supervised, publicly or privately operated shelter
designed to provide temporary living accommodations, or a public
or private place not designed for, or not ordinarily used as, regular
sleeping accommodations for human beings.

end insert begin delete

(b)

end delete

begin insert (h) end insert  “Supportive housing” has the same meaning set forth in
subdivision (b) of Section 50675.14 of the Health and Safety Code,
and that, in addition, is decent, safe, and affordable.

begin delete

(c) “Transitional housing” has the same meaning set forth in
subdivision (h) of Section 50675.2 of the Health and Safety Code,
and that, in addition, is decent, safe, and affordable.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2985.2 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2985.2.  

(a) Pursuant to Section 3073, the begin delete Department of
Corrections and Rehabilitation end delete begin insert department end insert shall provide a
supportive housing program that provides wraparound services to
mentally ill parolees who are begin insert either homeless or end insert at risk of
homelessness using funding appropriated by the Legislature for
begin delete that purpose. end delete begin insert the ISMIP program. end insert

(b)  begin delete Providers end delete begin insert A service provider end insert participating in this program
shall comply with all of the following:

(1) Provide services and treatment based on best practices.

(2) Demonstrate that the program reduces recidivism and
homelessness among program participants.

(3)  Have prior experience working with county or regional
mental health programs.

begin insert

(4) Demonstrate existing relationships with a supportive housing
provider.

end insert

(c) (1) An inmate or parolee is eligible begin delete for participation end delete begin insert to
participate end insert in this program if all of the following begin delete are applicable: end delete
begin insert apply: end insert

(A) He or she has a serious mental disorder as defined in Section
5600.3 of the Welfare and Institutions Code and as identified by
the department, and he or she has a history of mental health
treatment in the prison’s mental health services delivery system
or in a parole outpatient clinic.

(B) The inmate or parolee voluntarily chooses to participate.

(C) Either of the following applies:

(i) He or she has been assigned a date of release within 60 to
180 days and is likely to become homeless upon release.

(ii) He or she is currently a homeless parolee.

(2) First priority for the program shall be given to the lowest
functioning offenders in prison, as identified by the department,
who are likely to become homeless upon release.

begin delete

(3) For purposes of this subdivision, a person is “likely to
become homeless upon release” if he or she has a history of
“homelessness” as that term is used in Section 11302(a) of Title
42 of the United States Code and if he or she satisfies both of the
following criteria:

(A) He or she has not identified a fixed, regular, and adequate
nighttime residence for release.

(B) His or her only identified nighttime residence for release
includes a supervised publicly or privately operated shelter
designed to provide temporary living accommodations, or a public
or private place not designed for, or is not ordinarily used as, a
regular sleeping accommodation for human beings.

end delete begin insert

(d) A parolee is not required to receive other ISMIP services
as a condition of eligibility to receive rental assistance pursuant
to this article.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2985.3 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2985.3.  

(a)  begin delete Each end delete begin insert A service end insert provider shall offer services, in
accordance with Section 5806 of the Welfare and Institutions Code,
to obtain and maintain health and housing stability while
begin delete participants are end delete begin insert the program participant is end insert on parole, to enable the
begin delete parolee end delete begin insert program participant end insert to comply with the terms of parole,
and to augment mental health begin delete treatment end delete begin insert services end insert provided to begin delete other
parolees. end delete begin insert the program participant. end insert The services shall be offered
to begin delete participants in their end delete begin insert a program participant in his or her end insert home,
or begin insert shall end insert be made as easily accessible to begin delete participants end delete begin insert the program
participant end insert as possible and shall include, but are not limited to, all
of the following:

(1) Case management services.

(2) Parole discharge planning.

(3) Housing location services, and, if needed, move-in cost
assistance.

(4) Rental begin delete subsidies. end delete begin insert subsidies that are equal to or greater than
fair market rent. end insert

(5) Linkage to other services, such as vocational, educational,
and employment services, as needed.

(6) Benefit entitlement application and appeal assistance.

(7) Transportation assistance to obtain services and health care
needed.

(8) Assistance obtaining appropriate identification.

(b) For begin delete participants end delete begin insert a program participant end insert identified prior to
release from state prison, upon the begin insert service end insert provider’s receipt of
referral begin delete and, end delete begin insert and end insert in collaboration with the parole agent and, if
appropriate, staff, the intake coordinator or case manager of the
begin insert service end insert provider shall, when possible:

(1) Receive all prerelease assessments and discharge plans.

(2) Draft a plan for the begin insert program end insert participant’s transition into
housing that serves the begin insert program end insert participant’s needs and begin delete is
affordable, such as permanent supportive housing, or a transitional
housing program that includes support services and demonstrates
a clear transition pathway to permanent housing. end delete begin insert that demonstrates
a clear transition pathway to permanent, independent, and
affordable housing. Housing options shall include permanent
supportive housing and interim housing, as necessary, while the
program participant awaits placement into supportive housing. end insert

(3) Engage the begin insert program end insert participant to actively participate in
services upon release.

(4) Assist in obtaining identification for the begin insert program end insert participant,
if necessary.

(5) Assist in applying for any benefits for which the begin insert program end insert
participant is eligible.

(c) (1) To facilitate the transition of begin delete participants end delete begin insert a program
participant end insert identified prior to release into the community and
begin delete participants end delete begin insert a program participant end insert identified during parole into
supportive housing, begin delete each end delete begin insert a service end insert provider shall, on an ongoing
basis, begin insert but end insert not less than quarterly, assess each begin insert program end insert participant’s
needs and include in each begin insert program end insert participant’s assessment a plan
to foster independence and begin delete a end delete begin insert continued end insert residence in begin insert the same end insert
permanent housing begin delete once end delete begin insert when his or her end insert parole is complete.

(2) Upon referral to the begin insert service end insert provider, the begin insert service end insert provider
shall work to transition begin delete participants end delete begin insert a program participant end insert from
the department’s rental assistance to other mainstream rental
assistance benefits if those benefits are necessary to enable the
begin insert program end insert participant to remain in stable housing, and shall prioritize
transitioning begin delete participants end delete begin insert the program participant end insert to these benefits
in a manner that allows begin delete participants end delete begin insert the program participant end insert to
remain housed, when possible, without moving. Mainstream rental
assistance benefits may include, but are not limited to, federal
Housing Choice Voucher assistance, Department of Housing and
Urban Development-Veterans Affairs Supportive Housing
vouchers, or other rental assistance programs.

(3) The begin insert program end insert participant’s parole discharge plan and the
assessments shall consider the need begin delete for end delete begin insert for, end insert and prioritize linkage
begin delete to end delete begin insert to, end insert county mental health services and housing opportunities that
are supported by the Mental Health Services Act, the Mental Health
Services Act Housing Program, or other funding sources that
finance permanent supportive housing for persons with mental
illness, so that the begin insert program end insert participant may continue to achieve
all recovery goals of the program and remain permanently housed
begin delete once the term of parole ends. end delete begin insert when his or her parole is complete. end insert

begin insert

(4) The department and service providers shall not limit the
bridge rental assistance made available to the program participant,
except to the term of the program participant’s parole. The
program participant shall be allowed to remain in the same
housing after the bridge rental assistance ends, so long as he or
she complies with the terms of the lease.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2985.4 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2985.4.  

(a)  begin delete Providers end delete begin insert A service provider end insert shall identify and
locate supportive housing begin delete and transitional housing end delete opportunities
for begin delete participants end delete begin insert a program participant end insert prior to begin insert his or her end insert release
from state prison or as quickly upon begin insert his or her end insert release from state
prison as possible, or as quickly as possible begin delete when participants are end delete
begin insert after the program participant is end insert identified during begin delete parole. end delete begin insert parole,
but in no case later than nine months after the program participant
agrees to participate in the ISMIP program. end insert

(b) Housing identified pursuant to subdivision (a) shall satisfy
begin delete both end delete begin insert all end insert of the following:

(1) The housing is located in an apartment building, single-room
occupancy buildings, townhouses, or single-family homes,
including rent-subsidized apartments leased in the open market or
set aside within privately owned buildings.

(2) The housing is not subject to community care licensing
requirements or is exempt from licensing under Section 1504.5 of
the Health and Safety Code.

begin insert

(3) A program participant living in supportive housing shall
have a lease and be subject to the rights and responsibilities of
tenancy.

end insert begin insert

(c) A service provider shall use a portion of the ISMIP payments
received from the department to identify and offer the program
participant interim housing while the program participant is
waiting to obtain appropriate permanent rental housing and to
complete documentation and paperwork needed to move the
program participant into the rental housing.

end insert begin insert

(d) If a service provider operates in a county that utilizes
homeless coordinated assessment and entry systems, the service
provider shall offer ISMIP program payments and housing
assistance to parolees who qualify for the ISMIP program through
those systems.

end insert begin insert

(e) A service provider may use ISMIP program payments to
support a housing specialist position to work with lessors,
affordable and for-profit housing developers, public housing
authorities, and other housing providers to identify and secure
affordable rental housing for program participants.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 2985.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2985.5.  

(a)  begin delete Each end delete begin insert A service end insert provider shall report to the
department regarding the intended outcomes of the program,
including all of the following:

(1) The number of begin insert program end insert participants served.

(2) The types of services that were provided to program
participants.

(3) The outcomes for begin insert program end insert participants, including the
number who begin delete graduated to independent living, end delete begin insert are living
independently, end insert the number who remain in or moved to permanent
housing, the number who ceased to participate in the program, begin delete and end delete
the number who returned to state begin delete prison. end delete begin insert prison, and the number
who were arrested and are residing in county jail. end insert

(4) The number of begin insert program end insert participants who successfully
completed parole and transitioned to county mental health
programs.

begin insert

(5) The percentage of program participants currently living in
permanent housing.

end insert

(b) The department shall prepare an analysis of the costs of the
supportive housing program in comparison to the cost savings to
the state as a result of reduced recidivism rates by begin insert program end insert
participants using the information provided pursuant to subdivision
(a). This analysis shall exclude from consideration any federal
funds provided for services while the begin insert program end insert participant is on
parole in order to ensure that the analysis accurately reflects only
the costs to the state for the services provided to begin insert program end insert
participants.

(c) The department shall annually submit, on or before February
1, the information collected pursuant to subdivision (a) and the
analysis prepared pursuant to subdivision (b) to the chairs of the
Joint Legislative Budget Committee, the Senate Committee on
Budget and Fiscal Review, the Assembly Committee on Budget,
the Senate and Assembly Committees on Public Safety, the Senate
Committee on Transportation and Housing, and the Assembly
Committee on Housing and Community Development.

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would expand mentally ill parolees’ access to
supportive housing.

end delete