BILL ANALYSIS
AB 845
Page 1
GOVERNOR'S VETO
AB 845 (Bass)
As Amended June 25, 2009
2/3 vote
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|ASSEMBLY: |79-0 |(June 2, 2009) |SENATE: |40-0 |(September 4, |
| | | | | |2009) |
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|ASSEMBLY: |78-0 |(September 9, | | | |
| | |2009) | | | |
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Original Committee Reference: PUB. S.
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 Governor
and Legislature. Extends the sunset date on these provisions
until January 1, 2016.
The Senate amendments :
1)Add to the composition of the Reentry Advisory Committee the
following:
a) A public defender or private defense counsel;
b) A representative of a community-based organization with
expertise in advocating for former offenders; and,
c) A representative of a faith based organization with
experience advocating for former offenders;
2)Require RAC to meet at least once each quarter and also upon the
call of the Secretary of the California Department of
Corrections and Rehabilitation (CDCR). State that all meetings
shall be open to the public.
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3)State that the committee shall issue advisory reports, and not
less frequently than annually issue a report to the Governor and
the Legislature. The reports shall be available to the public.
4)Requires the reports to include recommendations on specified
issues, including collaborative reentry activities, best
practice models, and other issues.
5)Require the committee to develop a comprehensive resource guide
to address issues of reentry and the availability of resources.
6)Change the sunset date to January 1, 2016.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided 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)Provided 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) Increased in child support obligation compliance;
e) Reduced in drug and alcohol abuse;
f) Increased in participation in substance abuse and mental
health services; and,
g) Other outcome measures that correlate with the reentry
success rate of offenders.
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3)Provided that the RAC shall consult with community members and
stakeholders to develop the comprehensive strategic reentry
plan.
4)Provided 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)Provided that 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)Extended the sunset from January 1, 2011, to January 1, 2014.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Moderate one-time reporting costs to CDCR, in the range of
$100,000 (General Fund), decreasing to about $50,000 annually
until 2014 for the report to the Legislature and United States
Attorney General.
2)Minor costs, in the range of $50,000 annually, to extend the
mission of the RAC from the current 2011 sunset to 2014.
3)Potential federal grant awards that could range up to $750,000
per year, per project, which would require a 100% state match.
Because at least half of the match must be cash, with the
balance in-kind contributions, the state would expend
potentially hundreds of thousands of dollars to qualify for
federal funds.
COMMENTS : According to the author, "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,
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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). 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.
"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."
Please see the policy committee for a full discussion of this
bill.
GOVERNOR'S VETO MESSAGE :
This bill would impose new requirements upon the RAC,
including a requirement that the RAC seek and apply
for federal funds, develop a comprehensive reentry
plan, submit various advisory reports to the
Legislature and Governor, and would also increase the
number of individuals on the RAC. In addition, the
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RAC would be required to develop a comprehensive
resource guide for use by various entities and the
public. AB 845 also extends the sunset date of the
RAC from January 1, 2011 to January 1, 2016.
This bill imposes several new duties upon the RAC
without providing any new funding to pay for them. I
cannot sign a bill that creates such unfunded mandates
for the State of California during this time of fiscal
crisis.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916) 319-3744
FN: 0003367