BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
2326 (Bass)
Hearing Date: 08/12/2010 Amended: As Proposed to be
Amended
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
6-0
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BILL SUMMARY: AB 2326 would extend the sunset of the Reentry
Advisory Committee (RAC) to January 1, 2016. This bill would
also make the following changes to RAC:
1) Require the Secretary of the Department of Corrections
and Rehabilitation (CDCR), in consultations with RAC, to
immediately seek and apply for specified federal grant
funding.
2) Add seven new members to the committee, as specified.
3) Authorize meetings upon call of the Secretary, in
addition to quarterly meetings.
4) Revise topic areas upon which the committee shall advise
the Secretary.
5) Provide that committee members shall serve without
compensation.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Extends RAC sunset $200 $400*
$400* General
New RAC duties/expansion $0
$43 $43 Federal
Grant application: CDCR up to $100 up to
$200 General
Re-entry plan/grant activities** Potentially substantial
costs/revenue Federal
*Annual costs will continue through 2014-15; half-year costs in
2015-16.
**If CDCR receives a federal Second Chance Act grant, the state
will be required to show a 100% match of federal funding in its
activities relates to re-entry, at least 50% of which must be in
cash for the new projects. This bill specifies that CDCR shall
apply for hardship exemptions.
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STAFF COMMENTS: SUSPENSE FILE. As Proposed to be Amended.
AB 2326 would incur substantial state costs by extending the
sunset on RAC and imposing new duties on this committee and its
supporting staff. Because of the current fiscal crisis, CDCR has
suspended its financial support of RAC, and diverted CDCR staff
involved in RAC to other duties. CDCR has also ended its
$100,000 per year contract with the University of California
Davis for support, coordination, and facilitation of the RAC
meetings. All future RAC meetings have been suspended, until the
committee authority sunsets. In the absence of this bill, all
money that was previously funding RAC would be used to support
other CDCR needs, in light of the department's $100 million
unallocated budget reduction.
Page 2
AB 2326 (Bass)
This bill adds seven new members to RAC, and requires the
committee to meet at the call of the Secretary (in addition to
its regular meetings) which will require increased coordination
and management. It also provides that members will serve without
compensation. Under existing statute, members are not paid, but
they are reimbursed for travel expenses. This bill deletes a
provision on statute that specifically provides for travel
reimbursement, but does not expressly prohibit such
reimbursement.
This bill would impose additional duties on RAC, and on the
Secretary of CDCR, which would almost certainly become the
responsibility of CDCR and contracted staff members who support
the committee. The most extensive of the new duties, would be to
create the comprehensive reentry plan including 5 year
performance goals and outcome measures, necessary to apply for
federal Second Chance Act funding.
The federal Second Chance Act was signed into law by President
Bush in April 2008. It authorizes federal grants to government
agencies and community and faith-based organizations to provide
employment assistance, substance abuse treatment, housing,
family programming, mentoring, victims support, and other
services to help reduce recidivism. In March 2009, President
Obama signed an omnibus appropriations bill for the remainder of
fiscal year 2009 that provides $25 million for Second Chance Act
programs, including $15 million for state and local reentry
demonstration projects. Application for these funds would
require substantial work upfront, in order to present the best
plan to ask for competitive federal funds.
Federal Second Chance grants require a 100% state match, at
least 50% of which must be in cash. Implementing the
program/plan that CDCR and RAC develop will require substantial
additional resources, in order to draw down federal funding. The
extent of the costs depends on the overall cost of activities
that receive this funding.
This bill is similar to AB 845 (Bass, 2009) which was vetoed,
citing fiscal concerns, with the following veto message:
I am returning Assembly Bill 845 without my signature.
This bill would impose new requirements upon the Reentry
Advisory Committee
(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 Committee. In addition, 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.
For these reasons, I am returning this bill without my
signature.
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AB 2623 (Bass)
The author's proposed amendments would: 1) Provide that RAC
members shall not be reimbursed for travel or expenses of
serving on the committee; 2) permit CDCR to satisfy Second
Chance Act grant application requirements by other means than
developing a comprehensive reentry plan; 3) Specify that the
CDCR Secretary shall apply for available financial hardship
exemptions to federal matching requirements, as specified; and
4) makes the reporting requirements to the Legislature
contingent on receipt of federal funds.