BILL ANALYSIS �
AB 2129
Page 1
Date of Hearing: April 8, 2014
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2129 (Jones-Sawyer) - As Introduced: February 20, 2014
SUMMARY : Requires that CDCR shall create and implement a
voluntary prerelease reentry program, for all inmates, as
appropriate. Participation in the program is voluntary and shall
commence no later than six months prior to release from prison.
Specifically, this bill : The program shall include, but not be
limited to, adult basic education, career technical education,
postsecondary education, and transition programs. The transition
programs shall include, but are not limited to, transition
planning, employment services and skills, financial literacy,
and housing assistance. The program shall also include cognitive
behavior therapy, including, but not limited to, substance abuse
treatment, anger management, and family relationships.
EXISTING LAW :
1)States that release on parole is a conditional and
transitional legal period for all prisoners on release from
California prison after serving their sentence. (Pen. Code, �
3000.) Defines the purpose of the parole system is
reformatory in purpose. The objective of parole is to
mitigate the rigor of the prison system and to allow the
prisoner to reenter society by replacing continued
incarceration with conditional freedom controlled by BPH
regulations. [Pen. Code, � 3056; People v. Denne (1956)
141CalApp3d 499, 507.] Parole provides a testing period for
the reintegration of the prisoner into society. [ In Re
Carahes (1983) 144 Cal.App.3d 927, 931.]
2)Provides that any parolee, although no longer confined in
prison, must comply with extensive restrictions imposed on his
or her freedom. [ People v. Burgener (1986) 41 C3d 505, 531.]
3)Allows parole for both determinately sentenced prisoners who
have served their terms and have been released and
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indeterminately sentenced prisoners serving sentences of life
with the possibility of parole who have been granted parole
and released. (Pen. Code, � 3000.)
4)Administration of the parole system is shared by two separate
state agencies, the Board of Parole Hearings (BPH) and CDCR.
a) Grants sole authority over revocation and waiver of
parole to BPH. (Pen. Code, � 3000(a), 3052, and 5077.)
b) Termination and early parole functions are shared
between BPH and CDCR. (Pen. Code, � 3001(a).)
c) Empowers CDCR with jurisdiction to make rules and
regulations for administration of parole. (Pen. Code, �
5058.)
5)Provides re-entry programs in the city of East Palo Alto.
(Pen. Code, � 3055.)
a) Mandates the CDCR, to the extent resources are available
or appropriated, establish a re-entry program in the city
of East Palo Alto. (Pen. Code, � 3055(a).)
b) Provides guidelines for what the programs may include.
The re-entry programs may include, but are not limited to,
the following (Pen. Code, � 3055(b)):
i) Assessment of prerelease needs for inmates scheduled
for release to East Palo Alto on parole.
ii) Partner parole agents and local law enforcement for
supervision of parolees released to East Palo Alto.
iii) Develop re-entry plans identifying services needed
for the parolees.
iv) Partner community organizations and service
providers to provide support services to parolees,
including transitional housing, job training, job
placement, and substance abuse treatment.
6)Mandates maintenance of statistical information related to the
re-entry program, specifically the number of parolees serviced
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and the rate of return to prison by parolees serviced. The
information shall be provided to the Legislature upon request.
(Pen. Code, � 3055(b).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : "The issues in California's corrections
system cannot be fixed by just moving people around or
building prisons. We must fundamentally change the way we
think about the corrections system by investing in the system
and the people in the system to achieve better results. The
State's criminal institutions can play a vital role in helping
solve the prison crisis and bring about systematic change. It
is important that the legislature work with these entities to
increase access to rehabilitation and decrease recidivism."
2)Background : California's recidivism rate is 67.5 %. We need
to make reentry back into community easier and more productive
for those being released. This measure takes a step in that
direction by putting a minimum reentry program for the
California Department of Corrections and Rehabilitation.
3)Argument in Support : According to the California Attorneys
Criminal Justice, "this legislation is an important and
necessary step in the evolution of the California Department
of Corrections. California has too many prisons and they are
too crowded. California incarcerates far too large a
percentage of its population. CACJ has long believed that
building more and larger prisons is not the answer. CACJ
believes that education and treatment play an important role
in reducing recidivism.
"AB 2129 proposes to prepare inmates for their re-introduction
into society instead of dumping them back on the streets.
Education, employment skills and services are all important
programs that inmates can avail themselves of in order to have
the best chance possible to become a productive member of
society. These services will make it possible for
incarcerated people to have confidence and hope outside the
criminal justice system. Many who are released and re-offend
do so because they have no hope and nothing to lose. If
inmates are given education and the skills and opportunity to
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find and maintain employment they will become contributors to
society and not detractors.
"A large number of those currently housed by the Department of
Corrections suffer from one form of mental illness or another,
whether it is schizophrenia, bi-polar disorder, or even a low
IQ. These people should not be warehoused until such time as
they are released to commit more crimes because they have no
chance and no safety net on the outside. This bill proposes a
positive step towards the treatment of the mentally ill in our
prison system."
REGISTERED SUPPORT / OPPOSITION :
Support
All of Us or None
California Attorneys for Criminal Justice
California Catholic Conference
California Correctional Peace Officers Association
California Council of Community Mental Health Agencies
California Public Defenders Association
Mental Health America of California
Taxpayers for Improving Public Safety
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744