BILL ANALYSIS
AB 2326
Page 1
ASSEMBLY THIRD READING
AB 2326 (Bass)
As Amended May 28, 2010
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Ammiano, |
| |Gilmore, Hill, | |Bradford, |
| |Portantino, Skinner | |Charles Calderon, Coto, |
| | | |Davis, Monning, Ruskin, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
-----------------------------------------------------------------
SUMMARY : Expands the membership and reporting requirements of
the Reentry Advisory Committee (RAC). Specifically, this bill :
1)Expands RAC membership by three members, including:
a) A public defender or private defense attorney;
b) 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
providing reentry services in southern California; and,
c) 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.
2)Requires the RAC to advise the Secretary of the Department of
Corrections and Rehabilitation (CDCR) on all matters related
to the statewide planning, implementation and outcomes of all
reentry programs and services provided the CDCR. The
committee shall consider and advise the Secretary in the
following areas:
AB 2326
Page 2
a) Collaborative reentry activities among key stakeholders
at the state and local levels;
b) Developing a knowledge base of best practice models and
programs related to what people need to successfully return
to their communities from prison and what resources
communities need to successfully provide for these needs;
c) Incorporating reentry outcomes into department
organizational missions and work plans as priorities;
d) Funding of reentry programs;
e) Promoting systems of integration and coordination;
f) Measuring outcomes and evaluating the impact of reentry
programs; and,
g) Educating the public about reentry programs and their
role in public safety.
3)Extends the date of repeal from January 1, 2011 to January 1,
2016.
EXISTING LAW :
1)Provides that, commencing July 1, 2005, the supervision,
management and control of the state prisons, and the
responsibility for the care, custody, treatment, training,
discipline and employment of persons confined therein are
vested in the Secretary of the California Department of
Corrections and Rehabilitation (CDCR).
2)States that, commencing July 1, 2005, all powers and duties
previously granted to and imposed upon the CDCR shall be
exercised by the CDCR Secretary, except where those powers and
duties are expressly vested by law in the Board of Parole
Hearings. Whenever a power is granted to the CDCR Secretary
or a duty is imposed upon the Secretary, the power may be
exercised or the duty performed by a subordinate officer to
the CDCR Secretary or by a person authorized pursuant to law
by the Secretary.
AB 2326
Page 3
3)Provides that, on or before July 1, 2007, the CDCR Secretary
shall establish a RAC. The RAC shall report to the Secretary,
who shall serve as the RAC Chair. The RAC shall include
representation from stakeholders in the successful
administration of reentry programming.
4)Provides that the current law remain in effect only until
January 1, 2011 and as of that date is repealed unless a later
statute enacted before January 1, 2011 deletes or extends that
date.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable costs.
COMMENTS : 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 CDCR Secretary 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 2nd Chance Act of 2007,
develop a comprehensive strategic reentry plan seeking to reduce
the recidivism rate, and submit a report to the Legislature;
revises current membership, and extends the repeal date on these
provisions until January 1, 2016.
"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
AB 2326
Page 4
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. This makes the notion of accessing these funds in a
comprehensive fashion all the more critical.
"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. The delivery of reentry services and options as
of late have typically been provided sporadically or 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."
Please see the policy committee for a full discussion of this
AB 2326
Page 5
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0004649