AB 1919,
as amended, V. Manuel Pérez. Inmates:begin delete local supervision:end delete assessment.
Existing law generally requires felons to be incarcerated inbegin insert state prison orend insert county jails and generally requires those inmatesbegin insert toend insert be supervised bybegin insert the end insertbegin insertDepartment of Corrections and Rehabilitation orend insert county probation agencies upon release. Existing law authorizes a variety of programs for inmates who arebegin delete supervised by local probation agenciesend deletebegin insert
on postrelease supervision, including parole, postrelease community supervision, and mandatory supervisionend insert.
This bill would express the intent of the Legislature to enact legislation to provide better assessment of inmates in local facilities for purposes of local supervision after their release, or local supervision as an alternative to incarceration.
end deleteThis bill would encourage all actors in the criminal justice system to use a validated risk and needs assessment, as defined, to help make determinations at all stages of the judicial process, as prescribed.
end insertVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 1210.17 is added to the end insertbegin insertPenal Codeend insertbegin insert, end insert2immediately following Section 1210.16begin insert, to read:end insert
begin insert(a) The Legislature finds and declares all of the
4following:
5(1) According to research by the Washington State Institute for
6Public Policy, combining supervision based on the risk level of an
7individual in the criminal justice system with evidence-based
8programming to address the specific needs of that individual yields
9the greatest reduction in recidivism rates.
10(2) According to a 2010 study, entitled “The Role of Offender
11Risk Assessment: A Policy Maker Guide,” the mismatch of higher
12supervision and inappropriate services can actually increase the
13recidivism rate of a low-risk individual, thereby decreasing public
14safety and wasting valuable funding.
15(3) Validated risk and needs assessments are an important tool
16that can provide decisionmakers with data to help predict an
17individual’s likelihood of committing a crime and engaging in
18harmful behavior, such as substance abuse, and can help determine
19which interventions or services will have the most impact on the
20individual.
21(4) Validated risk and needs assessments can be used at many
22different times in the criminal justice process, including in
23determining who should be detained while awaiting trial, on
24probation, before release from incarceration, and while on
25postrelease supervision, such as parole, postrelease community
26supervision, or mandatory supervision.
27(b) For purposes of this section, “risk and needs assessment”
28means a set of measures and questions that are used to measure
29the risk of an individual to
commit another offense, miss future
30court appearance or other appointments, engage in substance
31abuse, and determine what unmet needs the individual has.
32(c) All actors in the criminal justice system are encouraged to
33use a validated risk and needs assessment to help make
34determinations at all stages of the judicial process, including in
35making the determination of who should be detained while awaiting
36trial, and determining supervision level and service referrals while
37on probation, before release from incarceration, and while on
P3 1postrelease supervision, such as parole, postrelease community
2supervision, or mandatory supervision.
It is the intent of the Legislature to enact
4legislation to provide better assessment of inmates in local facilities
5for purposes of local supervision after their release or local
6supervision as an alternative to incarceration, including postrelease
7services such as education and vocational training.
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