BILL ANALYSIS �
AB 1387
Page 1
Date of Hearing: May 3, 2011
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1387 (Solorio) - As Amended: April 25, 2011
SUMMARY : Establishes the Rebuilding Communities and Rebuilding
Lives Act of 2011. Specifically, this bill :
1)States that the California Emergency Management Agency (Cal
EMA), to the extent that funds are appropriated, shall
establish a Youthful Offender Reentry (Cal-YOR) competitive
grant program specifically targeting offenders who will be
between 16 and 23 years of age upon their release from a local
county juvenile facility, the Department of Corrections and
Rehabilitation's (CDCR) Division of Juvenile Facilities (DJF),
probation, or parole.
2)Provides that grantees shall pre-enroll eligible youths into
eligible community programs, as defined in this section, with
priority given to programs that have existed for at least one
year prior to the effective date of this section and to those
eligible community programs that have operated at any time in
the previous three years.
3)Provides that each grantee shall officially enroll youths into
its program no more than 72 hours after release from a
described local or state facility. Participation of an
eligible youth in any eligible community program shall
commence no more than 72 hours after release, parole, or
discharge from a facility operated by the department or the
local entity.
4)Enrollment and participation are subject to the approval of
each program or local entity.
5)Defines an "eligible community program," at a minimum, as a
program that provides all of the following:
a) Integrated education and job training services and
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activities on an equally divided basis, with 50% of
participants' time spent in classroom-based instruction,
counseling, and leadership development instruction, and 50%
of participants' time spent in experiential job training.
b) The education component described in this paragraph
shall include basic skills instruction, secondary education
services, and other activities designed to lead to the
attainment of a high school diploma or its equivalent. The
curriculum for this component shall include math, language
arts, vocational education, life skills training, social
studies related to the cultural and community history of
the participants, and leadership skills.
c) Bilingual services shall be available for individuals
with limited English proficiency, and an English learning
curriculum shall be provided where feasible and
appropriate.
d) A program shall have a goal of a minimum
teacher-to-student ratio of one teacher for every 18
students.
e) The job training component, as specified, shall involve
work experience and skills training apprenticeships related
to construction and rehabilitation activities, as
specified.
6)States that assistance in attaining postsecondary education
and in obtaining financial aid shall be made available to
participants prior to graduation from the program.
7)Provides that counseling services designed to assist
participants in positively participating in society, including
all of the following, as necessary:
a) Outreach, assessment, and orientation;
b) Individual and peer counseling;
c) Life skills training;
d) Drug and alcohol abuse education and prevention; and,
e) Referral to appropriate drug rehabilitation, medical,
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mental health, legal, housing, and other community services
and resources. A program shall have a goal of a minimum
counselor-to-participant ratio of one counselor for every
28 participants.
8)States that the program shall provide acquisition,
rehabilitation, acquisition and rehabilitation, or
construction of housing and related facilities to be used for
the purpose of providing home ownership for disadvantaged
persons, residential housing for homeless individuals and very
low income families, or transitional housing for persons who
are homeless, ill, deinstitutionalized, or who have
disabilities or special needs.
9)States that the program shall provide participants with
leadership development skills, including decision-making,
problem solving, and negotiating. The program shall encourage
participants to develop strong peer group ties that support
their mutual pursuit of skills and values.
10)Provides that each eligible community program shall work
cooperatively with local probation and parole offices to
ensure appropriate oversight of any eligible youth who enrolls
and participates in the program for the duration of the
eligible youth's participation and term of probation or
parole. Eligible community programs shall meet the
requirements in the Unemployment Insurance Code, as specified.
11)Defines "eligible youth" as a person between 16 and 23 years
of age, who is economically disadvantaged, as defined in
federal law; who is under the custody and control of CDCR's
Division of Juvenile Justice (DJJ) or a county.
12)States that priority for enrollment shall be given to
eligible youths whom DJJ or local entity has determined to be
gang affiliated, or who have an immediate family member who
has been identified as gang affiliated.
13)Requires Cal EMA to maintain statistical information on the
success of the program, including, but not limited to, the
number of eligible youths served and the rate of return to
custody for those eligible youths who enroll and participate
in an eligible community program. The information shall be
provided to the Legislature upon request.
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EXISTING LAW :
1)Directs DJF to administer the Juvenile Justice Community
Reentry Challenge Grant Program to award grants on a
competitive basis to applicants that demonstrate a
collaborative and comprehensive approach to the successful
community reintegration of juvenile parolees. The purposes of
the program are improving the performance and
cost-effectiveness of post-custodial reentry supervision of
juvenile parolees, reducing the recidivism rates of juvenile
offenders, and piloting innovative reentry programs consistent
with DJJ's focus on a rehabilitative treatment model.
�Welfare and Institutions Code (WIC) Section 749.7.]
2)States that the programs awarded grants through the Juvenile
Justice Community Reentry Challenge Grant Program shall
provide wrap-around services which may include, but are not
limited to, transitional or step-down housing, including, but
not limited to: group homes; occupational development and job
placement; outpatient mental health services; substance abuse
treatment services; education; life skills counseling;
restitution and community service; case management; and,
intermediate sanctions for technical violations of conditions
of parole. �WIC Section 749.7(b).]
3)Provides that CDCR shall operate the Preventing Parolee Crime
Program with various components including, at a minimum,
residential and non-residential multi-service centers,
literacy laboratories, drug treatment networks and job
placement assistance for parolees. �Penal Code Section
3068(a).]
4)Provides that prisoners on parole shall remain under the legal
custody of CDCR and shall be subject at any time to being
taken back within the enclosure of the prison. (Penal Code
Section 3056.)
5)Provides that Board of Parole Hearings (BPH) has the power to
establish and enforce parole rules and regulations. (Penal
Code Section 3052.)
6)Provides that BPH has full authority to suspend or revoke any
parole, and to order returned to prison any prisoner upon
parole. (Penal Code Section 3060.)
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FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "There is
general agreement that increased services reduce recidivism.
What we are lacking are sustained programs to fund these
services. This bill establishes the basic groundwork for
programs that deliver consistent results and that help youth
effectively reenter society remain operable.
"Last year, we took the first step in addressing this gap by
creating the California Youthful Offender Reentry Program
(Cal-YOR); however that was a one-time program - and yet the
need for it continues. Assembly Bill 1387 will allow this
successful program, known as Cal-YOR, to continue on an
ongoing basis instead of having to reauthorize it year after
year. This ongoing program, as federal funding is available,
will demonstrate California's commitment to reducing
recidivism amongst our youth."
2)California Youthful Offender Reentry Program : On November 15,
2010, Cal EMA's Gang Violence Section released a Request for
Proposal soliciting grant proposals for its Cal-YOR
competitive grant program. Cal EMA intends to fund up to nine
projects through this grant program. The stated grant period
for the program will be 24 months, beginning March 1, 2011,
and ending February 28, 2013. �Cal EMA Request for Proposal,
Cal-YOR Program (November 15, 2010).]
3)YouthBuild Programs : In 1992, YouthBuild was established
under the Federal Housing and Community Development Act of
1992. �Housing and Community Act of 1992, Pub.L. No. 102-550
(Oct. 28, 1992) title I, Sec. 164, 106 Stat. 3723.] The
objectives of the program included providing opportunities
designed to help disadvantaged young adults obtain education,
employment, and leadership skills, and to expand the supply of
permanent affordable housing for homeless persons and members
of low income and very low income families. In 2006,
President Bush signed the YouthBuild Transfer Act into law
after it passed by unanimous consent in both houses of
Congress, moving the YouthBuild program from the Department of
Housing and Urban Development to the United States Department
of Labor. �The YouthBuild Transfer Act of 2006, Pub.L. No.
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109-281 (Sept. 22, 2006) 120 Stat. 1173; 29 U.S.C. 2801.] The
federal program provides grants to organizations on a
competitive basis to create YouthBuild programs. Currently,
there are 273 YouthBuild programs operating throughout the
country. Thirty YouthBuild programs are operating in
California as part of the California YouthBuild Coalition.
4)Statistical Data Related to Success of YouthBuild Programs :
Based on interviews with YouthBuild graduates provided by the
YouthBuild Coalition:
-------------------------------------------------------------------
| | Before YB (%) | After YB (%) | Change (%) |
| | | | |
|----------------+----------------+----------------+----------------|
|Has a GED or | 21.7 | 59.2 | 127 |
|diploma | | | |
| | | | |
|----------------+----------------+----------------+----------------|
|Is a parent | 35.0 | 52.7 | 51 |
| | | | |
|----------------+----------------+----------------+----------------|
|Used marijuana | 71.6 | 25.1 | -65 |
| | | | |
|----------------+----------------+----------------+----------------|
|Used hard drugs | 29.7 | 6.4 | -78 |
| | | | |
|----------------+----------------+----------------+----------------|
|Sold marijuana | 37.7 | 8.6 | -77 |
| | | | |
|----------------+----------------+----------------+----------------|
|Sold hard drugs | 32.4 | 7.8 | -75 |
| | | | |
|----------------+----------------+----------------+----------------|
|Used alcohol | 75.7 | 42.9 | -43 |
| | | | |
|----------------+----------------+----------------+----------------|
|Arrested | 55.6 | 26.2 | -53 |
| | | | |
|----------------+----------------+----------------+----------------|
|Convicted of a | 37.5 | 15.3 | -59 |
|misd. | | | |
| | | | |
|----------------+----------------+----------------+----------------|
|Convicted of a | 27.0 | 9.2 | -66 |
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|felony | | | |
| | | | |
|----------------+----------------+----------------+----------------|
|Victim of | 19.6 | 10.8 | -45 |
|abuse/viol. | | | |
| | | | |
|----------------+----------------+----------------+----------------|
|Been homeless | 26.0 | 11.7 | -55 |
| | | | |
|----------------+----------------+----------------+----------------|
|Expected | 40 years | 72 years |32 |
|lifespan | | |years |
| | | | |
-------------------------------------------------------------------
(See Life After YouthBuild, Survey of Attitudes, Challenges, and
Experiences of YouthBuild Graduates, Brandeis University, June
2004.)
5)Veto Message of AB 1049 : AB 1049 (Solorio), of the 2007-08
Legislative Session, appears substantially similar to this
bill and was vetoed. Governor Schwarzenegger stated, "While I
appreciate the author's intent, this bill is unnecessary, as
the recently established Juvenile Justice Community Reentry
Challenge Grant Program will serve many of the same functions
as proposed by this bill, and is currently being implemented.
It is necessary to allow this program to proceed and gauge its
effectiveness, and then determine whether it is successful
enough to expand, before creating a new separate but similar
program. In addition, while this bill specifies that the
pilot program shall be created only to the extent that funds
are appropriated for that purpose; it provides no funding for
the actual administrative costs that will be necessary for the
California Department of Corrections and Rehabilitation to
implement the program."
6)Argument in Support : According to the California YouthBuild
Coalition , "Currently, nearly 80% of youthful offenders commit
new crimes within three years. At a cost of $224,712 per
ward, per year to house a youth in the Division of Juvenile
Justice, this is a very serious problem. Fortunately, young
people are uniquely receptive to reentry programs and studies
have shown that access to education and job training programs
can play a significant role in reducing recidivism rates
especially if enrollment takes place immediately upon release
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from incarceration.
"Cal-YOR will fund innovative evidence-based programs to reduce
recidivism - the first round of funding was allocated almost
$4 million to community based organizations throughout the
state. In 2007, the Fresno YouthBuild tested a version of
this reentry program after securing funding from the Juvenile
Justice Challenge Grant, which was a one-time allocation in
the California State Budget is overseen by the Department of
Juvenile Justice.
"The Fresno program had amazing results. They enrolled
twenty-nine youth who were incarcerated in Department of
Juvenile Justice facilities. Each youth was recruited while
still in custody and upon release they were immediately
transported to the Fresno YouthBuild program. According to an
official DJJ evaluation, only one of these students committed
a new offense . All 29 youth were employed for some period of
their enrollment. Half of the students achieved a high school
diploma or GED equivalent after less than 12 months in the
program. Eight of the youth eventually enrolled in a
community college or university within the first year. (See
Community Reentry Challenge Grant Program Evaluation Interim
Report, Center for Public Policy Research, University of
California, Davis, March 1, 2009.)
"Cal-YOR is based on a national award winning reentry model
developed by YouthBuild USA, a national coalition of job
training programs specializing in at-risk youth. YB programs
have attained an unparalleled level of success throughout the
country. A recent national study of 900 participants
determined that after enrollment only 15% committed a
misdemeanor, and 95 committed a felony. The rate of drug use
also plummeted by approximately 70%. AB 1387 would ensure
that the Cal-YOR program, as funding is available, continues
its critical role in reducing crime, offering young men and
women a second chance, and rebuilding communities victimized
by crime."
7)Related Legislation : AB 1294 (Furutani) requires county
probation departments to identify community reentry programs,
as defined, and enroll youth offenders prior to their release
from custody. AB 1294 will be heard by this Committee today.
8)Prior Legislation :
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a) AB 2200 (Solorio), of the 2009-10 Legislative Session,
would have mandated, to the extent that funds were
appropriated, to establish "Rebuilding Communities and
Rebuilding Lives Act of 2010" which would have mandated
CDCR, to the extend funds are appropriated, to establish a
reentry program specifically targeting offenders who will
be between 16 and 23 years of age upon their release,
parole, or discharge from either state or county custody.
AB 2200 was held on the Assembly Appropriations Committee's
Suspense File.
b) AB 1049 (Solorio), of the 2007-08 Legislative Session,
would have required CDCR to establish "Rebuilding Lives and
Communities Reentry Programs" for parolees between the ages
18 to 24 to assist parolees with community reintegration in
specified communities. AB 1049 was vetoed.
c) AB 1806 (Committee on Budget), Chapter 69, Statutes of
2006, allocated money for juvenile parolee services. AB
1806 established the Juvenile Justice Community Reentry
Challenge Grant Program to be administered by DJJ, in
consultation with the Corrections Standards Authority, to
award grants on a competitive basis to counties and
nonprofits organizations to provide specified wrap-around
services to juvenile parolees.
d) AB 643 (Wesson), Chapter 829, Statutes of 1999,
established a YouthBuild Program within the Employment
Development Department to provide grants to organizations
which employ and train disadvantaged youth in conjunction
with the construction or rehabilitation of housing for low
income and other specified populations.
e) AB 38 (Nava), Chapter 372, Statutes of 2008, created Cal
EMA as an independent agency, reporting directly to the
Governor, and vested with the duties, powers, purposes,
responsibilities, and jurisdictions previously held within
the Office of Homeland Security and the Governor's Office
of Emergency Services.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1387
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California YouthBuild Coalition (Sponsor)
California Public Defenders Association
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744