BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 845|
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THIRD READING
Bill No: AB 845
Author: Bass (D)
Amended: 6/25/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/7/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/27/09
AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,
Price, Runner, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 79-0, 6/2/09 - See last page for vote
SUBJECT : Department of Corrections and Rehabilitation:
reentry
advisory committee
SOURCE : Author
DIGEST : This bill makes a number of changes to the
existing Reentry Advisory Committee in the Department of
Corrections and Rehabilitation, as specified.
ANALYSIS : Current law creates in state government the
California Department of Corrections and Rehabilitation
("CDCR"), headed by a secretary who is appointed by the
Governor, subject to Senate confirmation, and serves at the
pleasure of the Governor. CDCR consists of Adult
CONTINUED
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Operations, Adult Programs, Juvenile Justice, the
Corrections Standards Authority, the Board of Parole
Hearings, the State Commission on Juvenile Justice, the
Prison Industry Authority, and the Prison Industry Board.
(Government Code Section 12838 (a).)
Current law requires the Secretary of CDCR to establish a
Reentry Advisory Committee, as specified. (Penal Code
Section 5056.5.)
This bill would make changes to the Reentry Advisory
Committee, as specified below.
Membership
Under current law, the advisory committee is required to be
comprised of the following members, appointed by the
secretary:
1. A representative of the California League of Cities.
2. A representative of the California State Association of
Counties.
3. A representative of the California State Sheriffs'
Association.
4. A representative of the California Police Chiefs'
Association.
5. A representative of the Department of Corrections and
Rehabilitation Adult Parole Operations.
6. A representative of the Department of Mental Health.
7. A representative of the Department of Social Services.
8. A representative of the Department of Health Services.
9. A representative of the Labor and Workforce Development
Agency.
10.A representative of the County Alcohol and Drug Program
Administrators Association.
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11.A representative of the California Association of
Alcohol and Drug Program Executives.
12.An individual with experience in providing housing for
low-income individuals.
13.A recognized expert in restorative justice programs.
14.An individual with experience in providing education and
vocational training services.
15.An independent consultant with expertise in community
corrections and reentry services.
This bill adds the following persons to this advisory
committee:
1. A public defender or private defense attorney.
2. A representative of a community-based organization who
is familiar with the reentry needs of former offenders
and who has experience advocating for former offenders
and with providing reentry services in southern
California.
3. A representative of a faith-based organization who is
familiar with the reentry needs of former offenders and
who has experience advocating for former offenders and
providing reentry services in northern California.
Under current law, the advisory committee is required to
"meet at least quarterly at a time and place determined by
the secretary. Committee members shall receive
compensation for travel expenses pursuant to existing
regulations, but no other compensation."
This bill changes this provision to require instead that
the advisory committee meet not less frequently than each
quarter; also meet at the call of the secretary; hold its
meetings at a time and location convenient to the public;
require that all meetings be open to the public; and
provide that members shall serve without compensation.
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Reporting Requirements
Under current law, the advisory committee is required to
"advise the secretary on all matters related to the
successful statewide planning, implementation, and outcomes
of all reentry programs and services provided by the
department, with the goal of reducing recidivism of all
persons under the jurisdiction of the department. The
committee shall consider and advise the secretary on the
following issues:
1. Encouraging collaboration among key stakeholders at the
state and local levels.
2. 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.
3. Incorporating reentry outcomes into department
organizational missions and work plans as priorities.
4. Funding of reentry programs.
5. Promoting systems of integration and coordination.
6. Measuring outcomes and evaluating the impact of reentry
programs.
7. Educating the public about reentry programs and their
role in public safety. (Penal Code Section 5056.5(c).)
This bill revises and recast this subdivision to require
the advisory committee to issue advisory reports whenever
it deems appropriate, but not less frequently than annually
issue a report to the Governor and the Legislature; to make
these reports available to the public; and to require that
a report of the advisory committee at a minimum include
recommendations on all of the issues enumerated directly
above.
Additional Duties
This bill requires the advisory committee to fulfill the
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following additional duties:
1. ". . . develop a comprehensive resource guide for
community-based organizations, faith-based
organizations, service providers, law enforcement
agencies, and industry and governmental entities working
to address the issues of reentry through programs,
service delivery, or both programs and service delivery.
The guide shall also detail the availability of
private, city, county, city and county, state, and
federal resources for former offenders attempting to
successfully reintegrate into society. The guide shall
be made available to the public in order to maximize the
potential for collaboration."
2. " . . . immediately seek and apply for grant funding
available through the federal Second Chance Act of 2007:
Community Safety Through Recidivism Prevention (Public
Law 110-199)."
3. "As required by the federal Second Chance Act of 2007:
Community Safety Through Recidivism Prevention, the
Reentry Advisory Committee shall develop a comprehensive
strategic reentry plan containing annual and five-year
performance goals. The comprehensive reentry plan shall
seek to reduce the rate of recidivism by 50 percent over
a five-year period for offenders released from prison,
jail, or a juvenile facility who are served with funds
provided under the federal Second Chance Act of 2007:
Community Safety Through Recidivism Prevention. The
outcome measures for the plan developed pursuant to this
subdivision may include, but shall not be limited to,
the following:
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.
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F. Increase in participation in substance abuse and
mental health services.
G. Other outcome measures that correlate positively
with the reentry success rate of offenders who
transition out of prisons, jails, or juvenile
facilities."
4. " . . . develop the comprehensive strategic reentry plan
in consultation with community members and stakeholders,
including persons in the fields of public safety,
juvenile and adult corrections, housing, health,
education, substance abuse, child and family services,
victim services, employment, and business, and members
of nonprofit organizations working on reentry policy or
providing reentry services."
5. " . . . examine ways to pool resources and funding
streams to promote lower recidivism rates among
returning offenders and to minimize the harmful effects
of offender incarceration on the families and
communities of offenders by collecting data and
developing best practices on offender reentry from
demonstration grantees and other organizations."
6. " . . . submit an annual report to the Legislature and
the United States Attorney General detailing the
progress of grantees towards achieving strategic
performance outcomes and describing other activities
conducted by grantees to increase the success rates of
the reentry population, such as programs that foster
effective risk management and treatment programming,
offender accountability, and community and victim
participation."
Sunset
Under current law, the section authorizing the advisory
committee sunsets on January 1, 2011.
This bill extends this sunset to January 1, 2016.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: No
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Extends RAC sunset $50 $100General
New RAC reports $50 $100 $100 General
New RAC duties Unknown,
likely substantial staffing General
Costs
New meeting **Unknown,
potentially significant** General
requirements
SUPPORT : (Verified 8/27/09)
California Public Defenders Association
OPPOSITION : (Verified 8/27/09)
Department of Finance
ARGUMENTS IN SUPPORT : The author's office states,
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 percent over the last 20
years. In California, 70 percent 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 the Department of
Corrections and Rehabilitation to establish a Reentry
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Advisory Committee to advise the secretary on matters
related to the successful planning, implementation, and
outcomes of all reentry programs and services in the
department, with the goal of reducing recidivism with a
sunset date of January 1, 2011. My bill would impose
additional requirements on the committee, including that
the committee seek and apply for funds available under the
2nd 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
percent 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). 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
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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.
ARGUMENTS IN OPPOSITION : The Department of Finance is
opposed to this bill because it will require the Reentry
Advisory Committee (RAC) to implement significant new
responsibilities without making the new workload contingent
upon receiving a Federal Second Chance Act of 2007 grant.
As such, this bill could create a pressure to provide
additional General Fund resources to the RAC to ensure that
they fulfill their new responsibilities.
On April 9, 2008, President Bush signed the Second Chance
Act of 2007 into law. This legislation authorizes federal
grants to government
Department of Finance writes, "We note that the specific
impact of this bill is unknown, but could potentially be
significant. Specifically, this measure mandates that the
RAC seek and apply for federal funding, but does not make
the large scale additional duties imposed upon the RAC
contingent upon obtaining such funding. Therefore, it is
possible that the RAC may not obtain any additional
funding, but will still be required to perform the
additional duties and complete the additional reports
required by this bill. It is unknown where the funding for
this would come from if not from the second Chance Act of
2007.
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"Finally, we also note that the 2009 Budget Act includes
one position and approximately $77,000 General Fund to
support the RAC within the California Department of
Corrections and Rehabilitation (CDCR). Any request for
additional resources by the CDCR, whether for new General
Fund authority or additional Federal Fund authority, would
be subject to review and approval through the annual budget
process."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Block
RJG:do 8/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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