BILL ANALYSIS
AB 845
Page 1
Date of Hearing: April 14, 2009
Consultant: Larry Yee
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 845 (Bass) - As Introduced: February 26, 2009
SUMMARY : Requires the Reentry Advisory Committee (RAC) to
apply for federal funds, develop a comprehensive strategic
reentry plan reducing the recidivism rate, and submit a report
to the Legislature. Extends the sunset date on these provisions
until January 1, 2014. Specifically, this bill :
1)Provides that the RAC shall immediately apply for federal
funding available through the Federal Second Chance Act of
2007: Community Safety Through Recidivism Prevention Act,
hereafter the Federal Second Chance Act of 2007.
2)Provides that, as required by the Federal Second Chance Act of
2007, the RAC shall develop a comprehensive strategic reentry
plan with annual and five-year performance goals. The plan
shall seek to reduce the recidivism rate of inmates served by
the Federal Second Chance Act of 2007 by 50% over five years.
Outcome measures may include, but shall not be limited to:
a) Reduction in crime.
b) Increase in employment and educational opportunities.
c) Reduction in supervised release violations.
d) Increase in child support obligation compliance.
e) Reduction in drug and alcohol abuse.
f) Increase in participation in substance abuse and mental
health services.
g) Other outcome measures that correlate with the reentry
success rate of offenders.
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3)Provides that the RAC shall consult with community members and
stakeholders to develop the comprehensive strategic reentry
plan.
4)Provides that the RAC shall examine ways to pool resources and
funding streams to lower recidivism rates, and ways to
minimize the harmful effects of incarceration on the families
and communities of offenders. The RAC shall collect data and
develop best practices on offender reentry.
5)The RAC shall submit an annual report to the Legislature and
the United States Attorney General detailing the progress
toward strategic performance outcomes and describing
activities by grantees to increase reentry success rates.
6)Extends the sunset from January 1, 2011 to January 1, 2014.
EXISTING LAW :
1)Provides for a Federal grant program for reentry of offenders
into the community, to improve reentry planning and
implementation. [Federal Second Chance Act of 2007:
Community Safety Through Recidivism Prevention (Public Law
110-199).]
2)Authorizes the Attorney General to award grants up to $500,000
to establish state, local, and tribal reentry courts to
monitor offenders and provide them with access to
comprehensive reentry services and programs, including
programs for drug and alcohol testing and assessment for
treatment. Requires grantees to report annually to the
Attorney General on the activities of reentry courts. [42
USCS 3797w-2.]
3)Provides that to be eligible for a Federal Second Chance Act
of 2007 grant, the agency shall, in addition to any other
requirements required by the Attorney General, submit to the
Attorney General an application that:
a) Describes the program to be assisted under this section
and the need for such program;
b) Describes a long-term strategy and detailed
implementation plan for such program, including how the
entity plans to pay for the program after the Federal
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funding is discontinued;
c) Identifies the governmental and community agencies that
will be coordinated by the project;
d) Certifies that:
i) All agencies affected by the program, including
community corrections and parole entities, have been
appropriately consulted in the development of the
program;
ii) There will be appropriate coordination with all such
agencies in the implementation of the program;
iii) There will be appropriate coordination and
consultation with the Single State Authority for
Substance Abuse (as that term is defined in section
201(e) of the Second Chance Act of 2007 [42 USCS
17521(e)]) of the State; and,
iv) Describes the methodology and outcome measures that
will be used to evaluate the program. [42 USCS
3797w-2.]
4)Requires the Secretary of the California Department of
Corrections and Rehabilitation (CDCR) to establish a RAC. The
RAC shall report to the Secretary, who shall serve as chair of
RAC. The RAC shall include representation from all of the
stakeholders in the successful administration of re-entry
programming including, but not limited to, all of the
following: cities; counties; law enforcement; probation;
courts; CDCR staff involved in providing re-entry services,
such as teachers and parole officer; substance abuse treatment
providers; education providers; job preparation providers;
business and employers; victims; ex-offenders; restorative
justice advocates; inmate family members; religious leaders in
the community; housing providers; vocational training
providers; Workforce Investment Act providers; medical
providers; mental health providers; and program evaluators.
[Penal Code Section 5056.5(a).]
5)Requires the RAC to meet at least quarterly at a time and
place determined by the Secretary. RAC members shall receive
compensation for travel expenses, as specified in existing
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law, but no other compensation. [Penal Code Section
5056.5(b).]
6)Provides that the RAC shall advise the Secretary on all
matters related to the successful statewide planning,
implementation and outcomes of all re-entry programs and
services offered by CDCR, with the goal of reducing recidivism
of all persons under the jurisdiction of CDCR. [Penal Code
Section 5056.5(c).]
7)Requires the RAC to consider, and advise the Secretary of, the
following issues:
a) Encouraging collaboration among key stakeholders at the
state and local levels;
b) Developing a knowledge base of what people need to
successfully return to their communities from prison and
what resources communities need to successfully provide for
these needs;
c) Incorporating re-entry outcomes into CDCR organizational
missions and work plans as priorities;
d) Funding of re-entry programs;
e) Promoting systems of integration and coordination;
f) Measuring outcomes and evaluating the impact of re-entry
programs; and,
g) Educating the public about re-entry programs and their
role in public safety. [Penal Code Section 5056.5(c)(1) to
(7).]
8)Sunsets the RAC on January 1, 2011 unless a later statute
deletes or extends the date. [[Penal Code Section 5056.5(d).]
9)Authorizes the CDCR Director to establish and operate
facilities to be known as "community correctional centers".
The Director may enter into a long-term agreement, not to
exceed 20 years, for transfer of prisoners to, or placement of
prisoners in, community correctional centers. [Penal Code
Section 6250(a).]
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10)Authorizes the CDCR Director to contract for the
establishment and operation of community correctional
facilities for the treatment of addiction to alcohol or
controlled substances based on the therapeutic community model
only if the cost per inmate for operating the facilities will
be less than the cost per inmate of operating similar state
facilities. [Penal Code Section 6250.5(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "California's
prison system is experiencing a crisis. The issues of reentry
and reducing recidivism have received great national attention
as the number of people released from prison has increased
350% over the last 20 years. In California, 70% of paroled
felons re-offend within 18 months of their release date,
representing the highest recidivism rate in the nation.
Often, failures within the system represent the beginning of a
never-ending cycle in which a person remains on probation,
violates probation, and then returns to county jail.
"State law required the Secretary of CDCR to establish a RAC to
advise the Secretary on matters related to the successful
planning, implementation, and outcomes of all reentry programs
and services in CDCR, with the goal of reducing recidivism
with a sunset date of January 1, 2011. My bill would impose
additional requirements on the RAC, including that the RAC
seek and apply for funds available under the Second Chance Act
of 2007, develop a comprehensive strategic reentry plan
seeking to reduce the recidivism rate, and submit a report to
the Legislature, and extend the repeal date on these
provisions until January 1, 2014.
"The Second Chance Act funds will go to the development of adult
and juvenile offender state and local reentry demonstration
projects. The funds will enable states and communities to
test evidence based approaches to reducing recidivism and
addressing the alarming recidivism rates nationwide. The
maximum grant award is $750,000 per year for possibly three
years, depending upon the availability of funds. The Federal
Government will fund no more than 50% of a project, for a
maximum of a $1.5 million project. Grantees need to come up
with $750,000 (or more if the project costs more than $1.5).
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Of that, at least $375,000 must be cash and $375,000 may be
in-kind. The availability of these resources will be
immensely helpful in the event we look to expand or create
these types of much needed programs.
"In 1990 California's Blue Ribbon Commission on Inmate
Population Management indicated that the prison system
compromises public safety by relying so heavily on punishment
and recommends drug treatment and work programs for parolees.
Decades later, we continue to employ the same ineffective
practices. California must combat the culture which dictates
that incarceration is for purposes of punishment as opposed to
rehabilitation. Reentry services and options as of late have
typically been provided sporadically solely at the local level
resulting in modest improvements in our recidivism rates at
best. The Second Chance Act calls for collaboration between
key stakeholders, service providers, and community based
organizations affording California the opportunity for more
effective formal collaboration and a shift from business as
usual. The Act contains a number of allowable uses of funds
some of which include services such as prerelease planning and
coordination, substance abuse and mental health treatment,
housing, and job training. These types of transitional
assistance are direly needed if we expect for former offenders
to be successfully reintegrated back into our communities.
"It is my belief that partnerships between community-based
organizations, law enforcement agencies and service providers
in collaboration with CDCR will provide the necessary tools to
combat California's recidivism rates while increase the
communication between law enforcement, community members, and
ex-offenders.
"Breaking the cycle of recidivism eases the burden on
California's taxpayers and increases the public safety of its
people. This bill addresses the need to end this cycle and a
means of doing so."
2)Background : According to the background submitted by the
author, "On April 9, 2008, President Bush signed the Second
Chance Act (P.L. 110-199) into law. The legislation will
authorize various grants to government agencies and non-profit
groups to provide employment assistance, substance abuse
treatment, housing, family programming, mentoring, victims
support, and other services that can help reduce re-offending
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and violations of probation and parole.
"The Second Chance Act primarily has two components which
authorize the development of Adult and Juvenile Offender
Re-Entry Demonstration Projects. The legislation requires
that the states and counties seeking funding develop an entity
with key stakeholders ranging from members of law enforcement
to service providers and community based organizations.
During the 2005-2006 Legislative Session, the Assembly Public
Safety Committee authored AB 3064, a measure establishing a
RAC under CDCR, which was signed into law by the Governor.
The members of the RAC have varying degrees of involvement and
expertise satisfying the provisions of the Second Chance Act
because of its broad representation, thus making it the most
plausible entity to take on the responsibilities. The bill
would require the Committee to develop a five-year
comprehensive strategic re-entry plan, as required by the
Second Chance Act, to guide reentry-related efforts. The plan
must seek to address and develop outcome measures on issues
such as but not limited to prerelease planning and
coordination, substance abuse and mental health treatment,
housing, and job training.
"The bill would also require the RAC to position California to
apply for, receive, and utilize resources available under the
Act by executing the charges of the act, including evaluating
exemplary programs that demonstrate the effectiveness of
evidence-based approaches to combating recidivism for funding
consideration, as well as meeting all necessary deadlines
contained in the Act.
"AB 845 also places a reporting requirement on the RAC
specifying that the entity will report to the Legislature on
its progress in compiling information on programs or efforts
in the state designed to address reentry issues; the policy
and fiscal matters they advise the Secretary on; its progress
on meeting the requirements of the Second Chance Act; and a
post-implementation update."
3)The Second Chance Act Signed by President Bush April 9, 2008 :
A New York Times article (April 8, 2008), U.S. Shifting Prison
Focus to Re-entry Into Society, stated, "Back in the 1970s and
'80s, high crime and 'get tough' laws meant longer sentences
and more emphasis on punishment than on rehabilitation, and
the federal and state governments spent billions building
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prisons.
"Today, as a legacy of those policies, not only are record
numbers incarcerated, but also about 700,000 state and federal
prisoners are released annually, many of them with little
education or employment prospects and destined to be
imprisoned again within a few years.
"In a sharp change in attitudes about incarceration, many states
and private groups have recently experimented with 're-entry'
programs to help released prisoners fit back into their
communities and avoid new crime.
"The new push to help prisoners reintegrate into society has
been driven in part by financial concerns: states cannot
afford to keep building more prisons. It also reflects
concern for the victims of repeat offenders and for the wasted
lives of the offenders themselves, who are disproportionately
black and from neighborhoods of concentrated poverty.
"The act authorizes $165 million in spending per year, including
matching grants to state and local governments and
nongovernmental groups to experiment with efforts like more
schooling and drug treatment inside prison and aid with
housing, employment and the building of family and community
ties after release. It also directs the Justice Department to
step up research on re-entry issues and establishes a national
Reentry Resource Center to promote successful approaches and
provide training.
"Over the last decade, the re-entry cause has been embraced by
an unusually wide range of groups and individuals, including
evangelical Christians and liberal activists. Mr. Bush called
for such a law in 2004 and in Congress, key sponsors included
Senator Sam Brownback, a conservative Republican from Kansas,
and Representative Danny K. Davis, a liberal Democrat from
Illinois. 'It's been a bipartisan coalition,' Mr. Travis
said, 'the sort of thing that doesn't happen in Washington
these days.' " [New York Times (April 8, 2008).]
4)California's Parole Problems : According to the Little Hoover
Commission Report, "Back to the Community: Safe and Sound
Parole Policies" (November 2003), "California's parole system
is a billion-dollar failure. As the State built and filled
prisons over the last 20 years, the number of felons who serve
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their time and are given bus ticket homes has swelled to
125,000 per year. But the real problem is that a growing
percentage of those 125,000 parolees are unprepared to get a
job, steer clear of drugs and alcohol and find a home. Not
surprisingly, before long most of those parolees are back on a
bus to prison. There are four fundamental problems:
a) "The time in prison is not being used to prepare inmates
for their eventual release.
b) "Available resources - particularly those in communities
- are not being used to help parolees who with some
assistance could get a job and stay out of trouble.
c) "And when inmates do get into trouble, the vast majority
of them go back to prison - even if drug treatment, short
jail stays or some other intervention would cost less and
do more to help them straighten up.
d) "Thousands of times each year, parole revocation is used
in lieu of prosecution for parolees who are suspected of
committing new serious crimes.
"Parolees are a challenge for all states. But California's
parole policies are simply out of sync with the rest of the
nation. California puts a greater percentage of felons on
parole. The State offers little assistance to parolees. And
then it sends parolees back to prison for violations that in
other states would land a parolee in drug treatment, work
furlough or some other 'intermediate' sanction. The numbers
bear that out: nationally, one in three parolees end up back
in prison before completing parole. In California, two out of
three parolees return to prison. Criminologists say
California's parolees are no more dangerous than those in
others states. Rather, California has created a revolving
door that does not adequately distinguish between parolees who
should be able to make it on the outside and those who should
go back to prison for a longer period of time. California
puts more offenders on parole: California averages 95% and
the national average is 82%. More prison commitments are
returning parolees; California averages 67% and the national
average is 35%. Fewer parolees successfully complete parole;
in California, the average is 21% and the national average is
42%."
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"California is not even doing as well on this score as it once
did. Returning prisoners are less prepared than ever before
to get a job, stay sober and successfully reunite with family
and community. In 1980, about one in four parolees ended up
back in prison. And now, with two out of three coming back,
prisons are overcrowded and constantly churning with
inmates - frustrating the efforts that do exist to teach and
counsel inmates, as well as punish them. Also caught up in
this recycling of parole violators are scores of serious
criminals, who are blamed, but never formally prosecuted, for
murder, assault and rape. Without another trial - or the long
sentences they would receive - many of these criminals are
imprisoned for a few months and then given another bus ticket
home. The bottom line: California's correctional system
costs more than it should and it does not provide the public
safety that it could. Incarcerating parole violators costs
$900 million per year. The State spends another $465 million
on parole, the bulk of which is for parole agents who spend
much of their time filling out paperwork to send parolees back
to prison. Another $660 million is spent incarcerating
parolees convicted of committing new crimes."
5)Repairing California's Parole Problems : The Little Hoover
Commission also stated in its report, "Reforms should begin
with - and be faithfully guided by - a commitment to align
policies, programs and resources to improving public safety as
defined by both the incapacitation of serious criminals and
the successful reintegration of offenders who serve their time
and come back home. Prisons have excelled at what they have
been asked to do: manage more and more inmates without
escapes or riots. But eventually, all felons are released.
Prison time also must be used to help inmates learn basic
skills, kick drug habits, and plan for their release.
Communities also must do more. As the prison system expanded,
the link between state correctional and local law enforcement
agencies has weakened. Frustrated with a parole system they
describe as 'broken', some local law enforcement officials
have stepped in to provide the supervision and assistance that
most felons need to go from cellblock to neighborhood. But
all community assets - from community police to the pulpits -
need to help willing parolees obey the law and become
self-sufficient. Workforce investment boards, community
colleges, adult schools, Alcoholics' Anonymous, local
charities and labor unions all have a role."
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6)Prior Legislation : AB 3064 (Committee on Public Safety),
Chapter 782, Statutes of 2006, formed the RAC, which sunsets
on January 1, 2011.
REGISTERED SUPPORT / OPPOSITION :
Support
Friends Committee on Legislation of California
Opposition
None
Analysis Prepared by : Larry Yee / PUB. S. / (916) 319-3744