BILL ANALYSIS                                                                                                                                                                                                    





                                                                 AB 845

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         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  


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