Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2060

Introduced by Assembly Member V. Manuel Pérez

February 20, 2014

An act to begin delete amend Section 15820.92 of the Government Code, relating to local criminal justice facilities. end delete begin insert add Chapter 4 (commencing with Section 1234) to Title 8 of Part 2 of the Penal Code, relating to postrelease community supervision. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2060, as amended, V. Manuel Pérez. begin delete County jails: construction funding. end delete begin insert Postrelease Community Supervision Population Workforce Training Grant Program. end insert

begin insert

Existing law requires all eligible people released from prison on and after October 1, 2011, or, whose sentences have been deemed served, as provided, after serving a prison term for a felony, upon release from prison, and for a period not exceeding 3 years immediately following release, to be subject to community supervision provided by a county agency designated by each county’s board of supervisors that is consistent with evidence-based practices, including, but not limited to, supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under postrelease supervision. Existing law creates the Recidivision Reduction Fund in the State Treasury, available upon appropriation by the Legislature, for, among other things, activities designed to reduce recidivism of the state’s prison population.

end insert begin insert

This bill would establish the Postrelease Community Supervision Population Workforce Training Grant Program to be administered, as provided, by the California Workforce Investment Board and funded, upon appropriation by the Legislature, using moneys from the Recidivism Reduction Fund. The bill, among other things, would provide grant program eligibility criteria for counties. The bill would also provide that eligible uses for grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the postrelease community supervision population. By January 1, 2017, the board would be required to submit a report to the Legislature containing specified information, including an evaluation of the effectiveness of the grant program.

end insert begin delete

Existing law authorizes the Board of State and Community Corrections (BSCC), a participating county, and the State Public Works Board to acquire, design, and construct an adult local criminal justice facility approved by the BSCC or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county, as provided. The BSCC, a participating county, and the board are required to enter into an agreement for each adult local criminal justice facility that provides, at a minimum, performance expectations of the parties related to the acquisition, design, and construction, including, without limitation, renovation of the adult local criminal justice facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved adult local criminal justice facility; and ongoing maintenance and staffing responsibilities for the term of the financing.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 4 (commencing with Section 1234) is
added to Title 8 of Part 2 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4. end insert Postrelease Community Supervision
Population Workforce Training Grant Program

 

begin insert 1234. end insert   

For purposes of this chapter, the following terms have
the following meanings:

(a) “California Workforce Investment Board” or “State WIB”
means the California Workforce Investment Board established
pursuant to Article 1 (commencing with Section 14010) of Chapter
3 of Division 7 of the Unemployment Insurance Code.

(b) “Grant program” means the Postrelease Community
Supervision Population Workforce Training Grant Program.

(c) “Recidivism Reduction Fund” means the Recidivism
Reduction Fund created pursuant to Section 1233.9.

begin insert 1234.1. end insert   

(a) This chapter establishes the Postrelease
Community Supervision Population Workforce Training Grant
Program to be administered by the California Workforce
Investment Board.

(b) The grant program shall be competitive and open to all
counties in accordance with the criteria set forth in Section 1234.3.

(c) The grant program shall be funded, upon appropriation of
the Legislature, using moneys from the Recidivism Reduction Fund.

begin insert 1234.2. end insert   

The State WIB shall administer the grant program as
follows:

(a) Develop criteria for the selection of grant recipients through
a public process.

(b) Design the grant program application to ensure all of the
following occurs:

(1) There is fairness and competitiveness for smaller counties.

(2) There is fair and equitable geographic distribution of grant
funds.

(3) There is greater consideration given to counties that have
demonstrated a collaborative working relationship with local
workforce investment boards or that currently have in place a
workforce training program for the postrelease community
supervision population.

begin insert 1234.3. end insert   

(a) Each county is eligible to apply for the grant
program funds.

(b) (1) Preference shall be given to counties with demonstrated
matching funding.

(2) Matching funds may come from governmental or
nongovernmental sources, including, but not limited to, local
workforce investment boards, local governments, or private
foundation funds.

(c) Eligible uses of grant funds include, but are not limited to,
vocational training, stipends for trainees, and apprenticeship
opportunities for the postrelease community supervision
population.

begin insert 1234.4. end insert   

(a) Upon completion of the grant period, grant
recipients shall report to the State WIB regarding their use of the
funds and workforce training program outcomes.

(b) By January 1, 2017, the State WIB shall submit a report to
the Legislature using the reports from the grant recipients. The
report shall contain all the following information:

(1) The overall success of the grant program.

(2) An evaluation of the effectiveness of the grant program.

(3) A recommendation on the long-term viability of local
workforce investment board and county collaborations on
workforce training programs for the postrelease community
supervision population.

(4) A recommendation on the long-term viability of county
workforce training programs for the postrelease community
supervision population.

(c) (1) The requirement for submitting a report imposed under
subdivision (b) is inoperative on January 1, 2021, pursuant to
Section 12031.5 of the Government Code.

(2) A report to be submitted pursuant to subdivision (b) shall
be submitted in compliance with Section 9795 of the Government
Code.

end insert

begin delete

SECTION 1.  

Section 15820.92 of the Government Code is
amended to read:

15820.92.  

For purposes of this chapter, “participating county”
means a county, or regional consortium of counties, within the
state that has been certified to the State Public Works Board (the
board) by the Board of State and Community Corrections (BSCC)
as having satisfied all of the requirements set forth in Section
15820.925 for financing an adult local criminal justice facility
pursuant to this chapter. For purposes of this chapter, an adult local
criminal justice facility may include any custodial housing, reentry
program, mental health, or treatment space necessary to manage
the adult offender population consistent with the legislative intent
described in Sections 17.5 and 3450 of the Penal Code under the
jurisdiction of the sheriff or county department of corrections, as
may be applicable, to be further defined by the BSCC in duly
adopted regulations.

(a) The BSCC, a participating county, and the board are
authorized to acquire, design, and construct an adult local criminal
justice facility approved by the BSCC pursuant to Section
15820.925, or to acquire a site or sites owned by, or subject to a
lease or option to purchase held by, a participating county. For the
purposes of this chapter, acquisition shall include, but is not limited
to, acquisition of completed facilities through a build-to-suit
purchase. Facilities financed pursuant to this chapter may be
delivered through either a design-bid-build or a design-build
process. The ownership interest of a participating county in the
site or sites for an adult local criminal justice facility shall be
determined by the board to be adequate for purposes of its
financing in order to be eligible under this chapter.

(b) Notwithstanding Section 14951, the participating county
may assign an inspector during the construction of the adult local
criminal justice facility.

(c) The BSCC, a participating county, and the board shall enter
into an agreement for each adult local criminal justice facility that
provides, at a minimum, performance expectations of the parties
related to the acquisition, design, and construction, including,
without limitation, renovation of the adult local criminal justice
facility; guidelines and criteria for use and application of the
proceeds of revenue bonds, notes, or bond anticipation notes issued
by the board to pay for the cost of the approved adult local criminal
justice facility; and ongoing maintenance and staffing
responsibilities for the term of the financing.

(d) The agreement shall include a provision that the participating
county agrees to indemnify, defend, and hold harmless the state
for any and all claims and losses arising out of the acquisition,
design, and construction of the adult local criminal justice facility.
The agreement may also contain additional terms and conditions
that facilitate the financing by the board.

(e) The scope and cost of the adult local criminal justice facilities
shall be subject to approval and administrative oversight by the
board.

(f) For purposes of compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), neither the board nor the
BSCC shall be deemed a lead or responsible agency and the
participating county shall be the lead agency.

end delete