BILL ANALYSIS �
AB 219
Page 1
Date of Hearing: April 12, 2011
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 219 (Portantino) - As Amended: April 6, 2011
SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to reduce the recidivism rate of 2010 by
20% by 2015 and 40% by 2020. Specifically, this bill :
1)States that this act shall be known as the "California
Recidivism Goals Development and Achievement Act".
2)States that California's prison problems are directly tied to
related to overcrowding and recidivism, which has been
historically measured at 70%.
3)States legislative intent to make rehabilitation, including
substance abuse treatment and vocational and academic
programs, a priority to ensure the public safety and to
release inmates to California communities as productive and
contributing members of society.
4)States that CDCR currently spends about 1% of its budget on
vocational and academic programs, even though 75% of the
inmate population cannot read above a ninth grade level.
Since the word "rehabilitation" was added to CDCR's title in
2006, the budget for rehabilitation has been cut almost in
one-half.
5)States that a critical part of success is aftercare and that
parolees who are able to access community-based drug
treatment, mental health, and educational or job training upon
release are much more likely to stay out of prison.
6)States that a CDCR study in 2009 found that both male and
female inmates who completed both in-prison and
community-based substance abuse programs had a lower rate of
recidivism than those inmates who completed no program at all
or only completed an in-prison substance abuse program.
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7)States that a Washington State Policy Institute study from
2010 found that for every $1 spent on vocational education
programs in prison, there was a return of nearly $14, and for
academic programs, a $0.96 investment had a return of nearly
$11.
8)States that a study, "Three State Recidivism Study", from
2001, conducted in Maryland, Ohio, and Minnesota on the effect
of in-prison educational programming on recidivism, found a
29% overall reduction in re-incarceration rates when compared
to inmates without programing.
9)States that a 2008 Legislative Analyst's Office Report, "From
Cellblocks to Classrooms," acknowledged the central role that
educational programing plays in reducing recidivism and
recommended several steps CDCR could take to maximize current
programming resources and increase attendance in academic and
vocational programs.
10)States that immediate steps must be taken to reduce the
revolving door of prison that sees inmates return only after a
short time.
11)States legislative intent that CDCR coordinate with state
agencies, the medical community, drug and alcohol abuse
treatment professionals the centers, the criminal justice
community, industry sectors, business groups, academic
institutions, organizations and other stakeholders in
implementing a reduction in criminal recidivism rates, as
specified.
12)States legislative intent that CDCR develop specific
standards, programs, educational opportunities, counseling,
and medical and follow up care that will reduce the criminal
recidivism rate to meet specified target rates.
13)States legislative intent that CDCR create identifiable and
measureable goals designed to assess the effectiveness of
programs and efforts to reduce recidivism statewide and at
each state correctional facility.
14)States that CDCR is the state agency charged with creating
programs and services to reduce criminal recidivism, and
states that CDCR shall assess and identify the success of
programs and services as necessary to meet state-mandated
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goals.
15)Requires CDCR to adopt regulations that require the reporting
and verification of the statewide criminal recidivism rate on
an annual basis. In reporting the prior year's recidivism
rate, CDCR shall compare that rate to the 2010 criminal
recidivism rate.
16)Requires CDCR to develop realistic targets, approved by the
California Rehabilitation Oversight Board (CROB), and shall
implement a plan based on those targets to reduce the
recidivism rate, as specified. Success towards meeting that
goal shall be reported to the legislature as part of the
annual budget process for CDCR's budget.
17)Requires CROB to examine the programs and services operated
by CDCR to reduce criminal recidivism, and to consult with
CDCR regarding implementing CDCR's plan to reduce recidivism,
as specified.
EXISTING LAW :
1)Creates the Reentry Advisory Committee to advise the Secretary
of CDCR on all matters related to the successful statewide
planning, implementation and outcomes of all reentry programs
and services provided by CDCR, with the goal of reducing
recidivism of all persons under the jurisdiction of CDCR.
(Penal Code Section 5056.5.)
2)Makes various findings regarding the relationship between
substance abuse, public safety, and recidivism. (Penal Code
Section 6240.)
3)Establishes Substance Abuse Community Correctional Detention
Centers. These centers are locally operated and are designed
to manage parole violators, individuals sentenced to prison
for a short period of time, and other sentenced local
offenders with a known history of substance abuse. (Penal
Code Section 6241.)
4)States that CROB shall meet at least quarterly, and shall
regularly examine the various mental health, substance abuse,
educational, and employment programs for inmates and parolees
operated by CDCR. CROB shall report to the Governor and the
Legislature biannually, on March 15 and September 15, and may
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submit other reports during the year if it finds they are
necessary. The reports shall include, but are not limited to,
findings on the effectiveness of treatment efforts,
rehabilitation needs of offenders, gaps in CDCR's
rehabilitation services, and levels of offender participation
and success in the programs. CROB shall also make
recommendations to the Governor and Legislature with respect
to modifications, additions, and eliminations of
rehabilitation and treatment programs. In performing its
duties, CROB shall use the work products developed for CDCR,
as specified. (Penal Code Section 6141.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "California
spends about $10 billion annually, or 7.6 percent of the
general fund on warehousing prisoners and overseeing parolees.
With the state's severe budget crisis and the Governor's call
for shrinking spending, reducing the number of offenders who
are sent back to prison can slash a considerable amount of
money from the prison system. On any given day, 456 out of
every 100,000 people are behind bars in California. There are
33 prisons and 42 adult camps with a total prison population
of around 170,000. The average cost per prisoner is $49,000
per year.
"Governor Schwarzenegger wanted to reduce the prison population
with no safeguards for local communities or attention to the
impact of recidivism. The early release of thousands of
inmates also coincided with the cutting of many of the reentry
and job training programs.
"Prison reform is not letting people out of prison early; it's
stopping the tidal wave of returning prisoners. So much of
the current debate has revolved around alternative sentencing
and releasing inmates before they serve their full terms as a
way to save money. When seven out of ten inmates return to
prison, these approaches don't reduce overall costs and don't
lower the crime rate. We need to figure out a strategy for
lowering the return rate of incarceration."
2)Background : According to background submitted by the author,
"Our prisons are a revolving door which returns 70% of
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prisoners that are released back to incarceration. In effect,
California is spending billions of dollars warehousing
prisoners only to see them return after their sentences are
served. Our prison system is failing to prepare prisoners for
life in our communities as productive citizens.
"As a partial solution to the California budget deficit,
California has in the past few years, focused on cutting
services that prepare inmates for reintegration and has
instead proposed early release. Given that 70% inmates return
to prison, early release will not save the state any money; it
will only increase the amount of crime in our communities.
California will ultimately be better off if we focus on truly
rehabilitating our inmates. This approach in the long term
will save money.
"AB 219 would require the Department of Corrections and
Rehabilitation to establish goals to cut California's
recidivism rates by 20% within the next four years and 40% by
2020. The bill would also require the CDCR to report and
verify those rates. The CDCR is in the best position to
assess and implement the rehabilitation needs of our state
prison inmates."
3)Argument in Support : According to the California Public
Defenders Association , "Focusing on effective recidivism
reduction programming that takes place in-custody as well as
in the community is the key to being smart on crime and
maximizing scares taxpayer dollars. Instead of a formula that
simply rewards low bid contracts or unproven programs, AB 219
would require CDCR to develop specific standards, programs,
educational opportunities, counseling, and medical and
follow-up care that will effectively reduce criminal
recidivism among persons incarcerated in California prisons.
Furthermore, AB 219 would declare legislative intent for CDCR
to create identifiable and measureable goals designed to
assess the effectiveness of programs and efforts to reduce
recidivism statewide and at each state correctional facility."
REGISTERED SUPPORT / OPPOSITION :
Support
California Public Defenders Association
Service Employees International Union, Local 1000
AB 219
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Opposition
None
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3957