BILL ANALYSIS                                                                                                                                                                                                    �







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              A
                             2013-2014 Regular Session               B

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          AB 2521 (Hagman)                                           1
          As Amended May 23, 2014 
          Hearing date:  June 24, 2014
          Penal Code
          AA:mc

                       BOARD OF STATE AND COMMUNITY CORRECTIONS:

                        DATA COLLECTION FOR REALIGNED FELONS  


                                       HISTORY

          Source:  Author

          Prior Legislation: None

          Support: California District Attorneys Association; Crime  
          Victims United of California;                                
          California Attorneys for Criminal Justice (if amended);  
          California Correctional                                      
          Peace Officers Association 

          Opposition:None known

          Assembly Floor Vote:  Ayes 78 - Noes 0



                                         KEY ISSUE
           
          SHOULD THE BOARD OF STATE AND COMMUNITY CORRECTIONS BE REQUIRED TO  
          COLLECT, ANALYZE AND MAKE AVAILABLE DATA REGARDING RECIDIVISM RATES  




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                                                           AB 2521 (Hagman)
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          OF REALIGNED FELONS?






                                       PURPOSE

          The purpose of this bill is to require the Board of State and  
          Community Corrections to collect, analyze and make available  
          data regarding recidivism rates of all persons who are sentenced  
          as a realigned felon (Penal Code section 1170 (h)) or who are  
          placed on postrelease community supervision (probation  
          supervision of persons coming out of prison) on or after July 1,  
          2015, as specified.       

           Current law  establishes the "Board of State and Community  
          Corrections" ("BSCC"), with the following mission:    

               The mission of the board shall include providing  
               statewide leadership, coordination, and technical  
               assistance to promote effective state and local  
               efforts and partnerships in California's adult and  
               juvenile criminal justice system, including addressing  
               gang problems.  This mission shall reflect the  
               principle of aligning fiscal policy and correctional  
               practices, including, but not limited
               to prevention, intervention, suppression, supervision,  
               and incapacitation, to promote a justice investment  
               strategy that fits each county and is consistent with  
               the integrated statewide goal of improved public  
               safety through cost-effective, promising, and  
               evidence-based strategies for managing criminal  
               justice populations.  (Penal Code � 6024(b).)
           
          Current law  enumerates the duties of the BSCC, including the  
          following with respect to data collection and analysis:

                 "Collect and maintain available information and data  




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               about state and community correctional policies, practices,  
               capacities, and needs, including, but not limited to,  
               prevention, intervention, suppression, supervision, and  
               incapacitation, as they relate to both adult corrections,  
               juvenile justice, and gang problems. "The board shall seek  
               to collect and make publicly available up-to-date data and  
               information reflecting the impact of state and community  
               correctional, juvenile justice, and gang-related policies  
               and practices enacted in the state, as well as information  
               and data concerning promising and evidence-based practices  
               from other jurisdictions."
                 Develop recommendations for the improvement of criminal  
               justice and delinquency and gang prevention activity  
               throughout the state.
                 Identify, promote, and provide technical assistance  
               relating to evidence-based programs, practices, and  
               promising and innovative projects consistent with the  
               mission of the board.
                 Develop definitions of key terms, including, but not  
               limited to, "recidivism," "average daily population,"  
               "treatment program completion rates," and any other terms  
               deemed relevant in order to facilitate consistency in local  
               data collection, evaluation, and implementation of  
               evidence-based practices, promising evidence-based  
               practices, and evidence-based programs, as specified.   
                 Cooperate with and render technical assistance to the  
               Legislature, state agencies, units of general local  
               government, combinations of those units, or other public or  
               private agencies, organizations, or institutions in matters  
               relating to criminal justice and delinquency prevention.
                 Conduct evaluation studies of the programs and  
               activities assisted by the federal acts.
                 Identify and evaluate state, local, and federal gang and  
               youth violence suppression, intervention, and prevention  
               programs and strategies, along with funding for those  
               efforts, as specified; 
                 Collect county realignment plans, as specified, and  
               analyze and report on "available data regarding the  
               implementation of the local plans and other outcome-based  
               measures," as specified;  




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                 Support the development and implementation of first  
               phase baseline and ongoing data collection instruments to  
               reflect the local impact of realignment, specifically  
               related to dispositions for felony offenders and  
               postrelease community supervision, including making any  
               data collected in this regard available on the BSCC Web  
               site, as specified.  (Penal Code � 6027(a) and (b).)

           Current law  additionally authorizes the BSCC to:

                 Collect, evaluate, publish, and disseminate statistics  
               and other information on the condition and progress of  
               criminal justice in the state; and
                 Perform other functions and duties as required by  
               federal acts, rules, regulations, or guidelines in acting  
               as the administrative office of the state planning agency  
               for distribution of federal grants.  (Penal Code �  
               6027(c).)
           
          This bill  would require the BSCC, commencing on and after July  
          1, 2015, in consultation with the Administrative Office of the  
          Courts, the California State Association of Counties, the  
          California State Sheriffs' Association, and the Chief Probation  
          Officers of California, to collect and analyze data regarding  
          recidivism rates of all persons who receive a sentence as a  
          realigned felon (specifically, persons sentenced pursuant to  
          paragraph (2) or (5) of subdivision (h) of Section 1170)  or who  
          are placed on postrelease community supervision on or after July  
          1, 2015. 

           This bill  would require that the data "include, as it becomes  
          available, recidivism rates for these offenders one, two, and  
          three years after their release in the community."

           This bill  would require BSCC to "make any data collected  
          pursuant to this paragraph available on the board's Internet Web  
          site on a quarterly basis beginning on September 1, 2016."  This  
          bill would define "recidivism" to have the same meaning as the  
          definition of the term developed by BSCC, as specified.





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                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the last several years, severe overcrowding in California's  
          prisons has been the focus of evolving and expensive litigation  
          relating to conditions of confinement.  On May 23, 2011, the  
          United States Supreme Court ordered California to reduce its  
          prison population to 137.5 percent of design capacity within two  
          years from the date of its ruling, subject to the right of the  
          state to seek modifications in appropriate circumstances.   

          Beginning in early 2007, Senate leadership initiated a policy to  
          hold legislative proposals which could further aggravate the  
          prison overcrowding crisis through new or expanded felony  
          prosecutions.  Under the resulting policy, known as "ROCA"  
          (which stands for "Receivership/ Overcrowding Crisis  
          Aggravation"), the Committee held measures that created a new  
          felony, expanded the scope or penalty of an existing felony, or  
          otherwise increased the application of a felony in a manner  
          which could exacerbate the prison overcrowding crisis.  Under  
          these principles, ROCA was applied as a content-neutral,  
          provisional measure necessary to ensure that the Legislature did  
          not erode progress towards reducing prison overcrowding by  
          passing legislation, which would increase the prison population.  
            

          In January of 2013, just over a year after the enactment of the  
          historic Public Safety Realignment Act of 2011, the State of  
          California filed court documents seeking to vacate or modify the  
          federal court order requiring the state to reduce its prison  
          population to 137.5 percent of design capacity.  The State  
          submitted that the, ". . .  population in the State's 33 prisons  
          has been reduced by over 24,000 inmates since October 2011 when  
          public safety realignment went into effect, by more than 36,000  
          inmates compared to the 2008 population . . . , and by nearly  
          42,000 inmates since 2006 . . . ."  Plaintiffs opposed the  
          state's motion, arguing that, "California prisons, which  
          currently average 150% of capacity, and reach as high as 185% of  
          capacity at one prison, continue to deliver health care that is  
          constitutionally deficient."  In an order dated January 29,  
          2013, the federal court granted the state a six-month extension  




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          to achieve the 137.5 % inmate population cap by December 31,  
          2013.  

          The Three-Judge Court then ordered, on April 11, 2013, the state  
          of California to "immediately take all steps necessary to comply  
          with this Court's . . . Order . . . requiring defendants to  
          reduce overall prison population to 137.5% design capacity by  
          December 31, 2013."  On September 16, 2013, the State asked the  
          Court to extend that deadline to December 31, 2016.  In  
          response, the Court extended the deadline first to January 27,  
          2014 and then February 24, 2014, and ordered the parties to  
          enter into a meet-and-confer process to "explore how defendants  
          can comply with this Court's June 20, 2013 Order, including  
          means and dates by which such compliance can be expedited or  
          accomplished and how this Court can ensure a durable solution to  
          the prison crowding problem."

          The parties were not able to reach an agreement during the  
          meet-and-confer process.  As a result, the Court ordered  
          briefing on the State's requested extension and, on February 10,  
          2014, issued an order extending the deadline to reduce the  
          in-state adult institution population to 137.5% design capacity  
          to February 28, 2016.  The order requires the state to meet the  
          following interim and final population reduction benchmarks:

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and
                 137.5% of design bed capacity by February 28, 2016. 

          If a benchmark is missed the Compliance Officer (a position  
          created by the February 10, 2016 order) can order the release of  
          inmates to bring the State into compliance with that benchmark.   


          In a status report to the Court dated May 15, 2014, the state  
          reported that as of May 14, 2014, 116,428 inmates were housed in  
          the State's 34 adult institutions, which amounts to 140.8% of  
          design bed capacity, and 8,650 inmates were housed in  
          out-of-state facilities.   





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          The ongoing prison overcrowding litigation indicates that prison  
          capacity and related issues concerning conditions of confinement  
          remain unresolved.  While real gains in reducing the prison  
          population have been made, even greater reductions may be  
          required to meet the orders of the federal court.  Therefore,  
          the Committee's consideration of ROCA bills -bills that may  
          impact the prison population - will be informed by the following  
          questions:

                 Whether a measure erodes realignment and impacts the  
               prison population;
                 Whether a measure addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
                 Whether a bill corrects a constitutional infirmity or  
               legislative drafting error; 
                 Whether a measure proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy; and,
                 Whether a bill addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy.

                                      COMMENTS

          1.  Stated Need for This Bill

           The author states:

               A continuing theme in the hearings of the Select  
               Committee on Justice Reinvestment and in reports from  
               outside entities like the Public Policy Institute of  
               California is the need for accurate, up-to-date, and  
               policy-relevant data.

               It is imperative that we track the recidivism rates of  
               offenders who, before realignment, would have served  
               their sentence in prison, but who are now serving  
               those sentences in county jails.  This is important  
               data that is necessary to evaluate the effects of  




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               realignment on public safety in our communities and  
               the effectiveness of rehabilitation programs.  

               This bill builds on last year's AB 1050 (Dickinson)  
               which, among other things, required the Board of State  
               and Community Corrections to develop a common  
               definition of the term "recidivism."  This bill goes  
               the next step and requires the Board, after July 1,  
               2015, to report the recidivism rates of those either  
               sentenced under, or receiving post-release community  
               supervision under the public safety realignment law.   
               Consistent with the Department of Corrections and  
               Rehabilitation's data for parolees, it would require  
               this to be reported for those 1, 2, and 3 years after  
               release.  Collecting and reporting recidivism data is  
               an essential part of any thoughtful approach toward  
               evaluating the success of realignment and in  
               identifying any need for changes.
           
           2.  What This Bill Would Do

           This bill would require BSCC to collect and analyze data  
          regarding recidivism rates of all persons who are sentenced as a  
          realigned felon (Penal Code section 1170 (h))  or who are placed  
          on postrelease community supervision (probation supervision of  
          persons coming out of prison) on or after July 1, 2015.  This  
          duty would start July 1, 2015, and would require BSCC to consult  
          with the Administrative Office of the Courts, the California  
          State Association of Counties, the California State Sheriffs'  
          Association, and the Chief Probation Officers of California.   
          The bill would require that the data "include, as it becomes  
          available, recidivism rates for these offenders one, two, and  
          three years after their release in the community,"  BSCC would  
          be required to "make any data collected pursuant to this  
          paragraph available on the board's Internet Web site on a  
          quarterly basis beginning on September 1, 2016."   
           
           3.  Focus of this Bill: The 2011 Criminal Justice Realignment

           This bill pertains to collecting recidivism data about two  




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                                                           AB 2521 (Hagman)
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          specific subgroups of felony offenders - those created by the  
          "2011 Realignment Legislation Addressing Public Safety" (AB  
          109)<1>.  These two subgroups are 1) felony offenders who,  
          because of their conviction offense and criminal history, are  
          subject to serving the custodial term of their sentence in jail  
          instead of prison ("jail" felonies); and 2) felony offenders  
          who, because of their conviction offense and other factors, are  
          subject to local supervision instead of state supervision  
          (essentially, probation instead of parole) upon release from  
          prison ("postrelease community supervision").

          "Jail" Felonies
          
          Under California law operative until October 1, 2011, a felony  
          was a crime punishable by death or imprisonment in state  
          prison.<2>  Effective October 1, 2011, criminal justice  
          realignment redefined the term "felony" to include certain  
          felonies punishable by imprisonment in a county jail, as  
          specified, depending upon the criminal history of the  
          offender.<3>  This change, contained in subdivision (h) of Penal  
          Code section 1170, applies only to criminal statutes which have  
          been expressly amended to provide for a felony jail term where  
          ---------------------------
          <1>   AB 109 (Committee on Budget) (Ch. 15, Stats. 2011) is the  
          principal measure establishing the 2011 public safety  
          realignment.  Several subsequent measures revised AB 109 and  
          enacted additional provisions relating to certain aspects of  
          realignment. 
          <2> Penal Code � 17.  This classification does not affect the  
          ability of the court to suspend execution of a felony sentence  
          and impose conditions of probation where allowable, supervised  
          and performed locally.  (See Penal Code � 1203.1.)  A  
          misdemeanor is a crime punishable by imprisonment by 6 months or  
          not more than one year.  (Penal Code �� 19 and 19.2.)
          <3>   Penal Code � 17.









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          otherwise allowable.<4>   

          Certain felons are categorically prohibited from serving an  
          executed felony sentence in county jail.  The following persons  
          are statutorily ineligible to serve any executed felony sentence  
          in county jail:

                 The defendant has a prior or current felony conviction  
               for:
              o     a serious felony described in subdivision (c) of  
                Section 1192.7, or
              o     a violent felony described in subdivision (c) of  
                Section 667.5;
                 The defendant has a prior felony conviction in another  
               jurisdiction for an offense that has all the elements of a  
               serious or violent felony in California, as specified;
                 The defendant is required to register as a sex offender;  
                or 
                 The defendant is convicted of a crime and as part of the  
               sentence receives an aggravated theft enhancement, as  
               specified.<5>

          For convicted felony offenders subject to confinement in a  
          county jail, courts are authorized to impose the felony sentence  
          to commit a defendant to county jail as follows:

                 For a full term in custody as determined in accordance  
               with the applicable sentencing law.
                 For a term as determined in accordance with the  
               applicable sentencing law, but suspend execution of a  
               concluding portion of the term selected in the court's  
               discretion, during which time the defendant shall be  
               supervised by the county probation officer in accordance  
               with the terms, conditions, and procedures generally  
             --------------------------
          <4>  This feature of criminal justice realignment - that its  
          newly-created felony jail sanction can be applied only to those  
          criminal statutes expressly amended to include a cross-reference  
          authorizing that sanction - largely accounts for the length of  
          AB 109 (663 pages).  
          <5>   Penal Code � 1170(h) (3).



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               applicable to persons placed on probation, for the  
               remaining unserved portion of the sentence imposed by the  
               court.  The period of supervision shall be mandatory, and  
               may not be earlier terminated except by court order.   
               During the period when the defendant is under such  
               supervision, unless in actual custody related to the  
               sentence imposed by the court, the defendant shall be  
               entitled to only actual time credit against the term of  
               imprisonment imposed by the court.<6>



          Postrelease Community Supervision
          
          Prior to realignment, California law generally provided that  
          persons who had served a determinate sentence in state prison  
          for a felony were subject to up to three years of conditional  
          release ("parole") supervised by the Department of Corrections  
          and Rehabilitation ("CDCR").<7>  This policy of providing a  
          period of conditional, supervised release for felons immediately  
          following a determinate prison term has continued under  
          realignment.<8>  Realignment requires, however, that on and  
          after October 1, 2011 some of these felons - generally depending  
          upon the crime that sent them to prison - are subject instead to  
          postrelease community supervision ("PRCS") by a local entity  
          determined by each county's board of supervisors - which in  
          every county has been determined to be probation.     

          ---------------------------
          <6>   Penal Code � 1170(h) (5).  Note that this provision has  
          been amended very recently by a budget trailer bill passed by  
          the legislature on June 15th of this year, AB 1468 (Committee on  
          Budget), and as of the writing of this analysis is assumed to be  
                                                     signed by the Governor.  The amendments will create a  
          presumption that an offender be given a sentence "split" to  
          include custodial and community supervision, to become effective  
          and operative on and after January 1, 2015.
          <7>  See Penal Code � 3000.  Parole periods for certain  
          offenses, such as sex crimes, can exceed three years;  
          realignment does not change the length of these parole periods.
          <8>   See Penal Code � 3000(a) (1).



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          Certain inmates are categorically excluded from PRCS by statute;  
          these offenders are subject to state parole supervision.   
          Specifically, prison inmates conditionally released after  
          serving a sentence for one of the following crimes are  
           statutorily excluded  from PRCS, and instead are supervised by  
          state parole:

                 1.       A serious felony as described in subdivision (c)  
                   of Section 1192.7.
                  2.        A violent felony as described in subdivision  
                    (c) of Section 667.5.
                  3.        A crime for which the person has been  
                    sentenced to a life term under the 3-strikes law.
                  4.        Any crime where the person eligible for  
                    release from prison is classified as a High Risk Sex  
                    Offender.
                  5.        Any crime where the person is required, as a  
                    condition of parole, to undergo treatment by the  
                    Department of Mental Health as a mentally ill  
                    offender.
                  6.        Any felony committed while the person was on  
                    parole for a period exceeding three years where the  
                    person was required to register as a sex offender or  
                    was subject to parole for life, as specified.<9>

          On and after October 1, 2011, persons released from prison after  
          serving a determinate prison sentence who are not excluded  
          because of the above-enumerated reasons are subject to PRCS  
          provided by a county agency designated by each county's board of  
          supervisors "which 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."<10>   

          ---------------------------
          <9>   Penal Code � 3000.08.  See also Penal Code � 3451(b).
          <10>   Penal Code � 3451.  Realignment requires counties notify  
          CDCR on or before August 1, 2011 of the county agencies that  
          have been designated as the local entity responsible for  
          providing postrelease supervision.  (Section 69, AB 117.)



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          Criminal justice realignment provides that PRCS shall not extend  
          beyond three years from the date of the person's initial entry  
          onto postrelease supervision, except when a bench or arrest  
          warrant has been issued by a court or its designated hearing  
          officer and the person has not appeared.  During the time the  
          warrant is outstanding the supervision period shall be tolled  
          and when the person appears before the court or its designated  
          hearing officer the supervision period may be extended for a  
          period equivalent to the time tolled.<11>  PRCS is required to  
          be "implemented by a county agency according to a postrelease  
          strategy designated by each county's board of supervisors."<12>   


          As noted by the Legislative Analyst's Office last year:

               When including all types of criminal cases-felony,  
               misdemeanor, traffic infractions, and juvenile  
               delinquency-there were over 8 million filings in  
               California trial courts in 2009-10.  Only a few  
               hundred thousand of these are for felony cases each  
               year.  Of adult felony cases brought by the district  
               attorney, 80 percent result in a guilty verdict, and  
               most of these offenders are sentenced to a combination  
               of jail and probation.<13> 

          During this same period, 58,700 felons were admitted to  
          prison.<14>  While the data supporting this snapshot predates  
          realignment, it illustrates a felony population broader than  
          what this bill would reach.  This bill does not seek data  
          concerning 1) felons who are put on felony probation; 2) felons  
          who are sent to prison; and 3) prison inmates who are supervised  
          by parole upon release from prison.  As currently drafted, the  
          focus of this bill is on felons whose custody or supervision was  
          changed by realignment.  Members and the author may wish to  
          discuss whether felony offenders and what happens to them should  
          ---------------------------
          <11>   Penal Code � 3455. 
          <12>   Penal Code � 3451(c) (1).
          <13>   California's Criminal Justice System: A Primer (Jan.  
          2013) Legislative Analyst's Office.
          <14>   Id.



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          be tracked and analyzed more fully, not just the subsets of  
          felony offenders created by realignment.    

          4.  Data Collection

           The BSCC currently has responsibilities relating to data  
          collection.  As explained in the BSCC's 4th Quarterly Report  
          from last year:

               The BSCC has the broad responsibility to collect and  
               maintain available information and data about state  
               and community correctional policies, practices,  
               capacities, and needs, including but not limited to  
               prevention, intervention, suppression, supervision,  
               and incapacitation as they relate to both adult  
               corrections, juvenile justice, and gang problems.  The  
               BSCC is also required to collect data and complete  
               reports related to public safety realignment,  
               including the development of first phase baseline and  
               ongoing data collection instruments and an annual  
               report on the implementation of local community  
               corrections plans. 

               In its first year, the BSCC has made significant  
               progress toward its data collection and reporting  
               responsibilities as defined by goal one.  The BSCC has  
               worked with stakeholders to design and implement first  
               phase realignment baseline data collection instruments  
               that will continue to be expanded and refined, has  
               completed a report on the local implementation of  
               community corrections plans, has made data available  
               on its Web site, developed a partnership with the  
               Public Policy Institute of California (PPIC) for a  
               multi-county individual level study, and begun  
               implementing longer term strategies for its broader  
               data collection and reporting responsibilities.

                First Phase Baseline and Ongoing Realignment-Related  
               Data Collection Instruments  :   Commencing on or after  
               July 1, 2012, the BSCC is required to consult with the  




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               California State Association of Counties (CSAC),  
               Administrative Office of the Courts (AOC), Chief  
               Probation Officers of California (CPOC), and the  
               California State Sheriff's Association (CSSA) to  
               support the development and implementation of first  
               phase baseline and ongoing data collection instruments  
               to reflect the local impact of the 2011 Realignment  
               Legislation, specifically related to dispositions for  
               felony offenders and post-release community  
               supervision; make the data available on the BSCC Web  
               site; and promote collaboration and the reduction of  
               duplication of data collection and reporting, where  
               possible.

                Completed  : In December 2012, the BSCC consulted with  
               representatives from CSAC, AOC, CPOC, and CSSA and  
               reached agreement that the realignment-related data  
               currently collected by the BSCC, CPOC, and the AOC  
               will serve as the first phase baseline and ongoing  
               data collection instruments for this fiscal year. . .   
                

               . . .   

                Data Integration  :  Due to staggered implementation  
               dates, the baseline data collection efforts as well as  
               the CCP report are all being reported separately.  
               After September 2013, the BSCC will work to integrate  
               the data from the baseline instruments with data  
               collected from the report on the implementation of  
               county CCP plans to provide a broader realignment  
               perspective.

                In Progress  : The BSCC has initiated a request for  
               technical assistance from the Integrated Justice  
               Information Systems Institute (IJIS) to identify the  
               needs and specifications of an information technology  
               system to collect and synthesize a variety of data  
               from multiple sources.  IJIS is a nonprofit membership  
               organization dedicated to joining forces with its  




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               member companies to unite the private and public  
               sectors for improving mission-critical information  
               sharing.  These members are information technology  
               companies and consultancies that provide solutions to  
               the justice, public safety, and homeland security  
               sectors to help these communities share information. .  
               . .  The purpose of this request is to assist the BSCC  
               to develop a "road map" and plan to design an  
               information system to support and provide relevant  
               adult and juvenile criminal justice data to our  
               stakeholders, constituents, research community, and  
               the public.

                Future Activities  : After September 2013, when the AOC  
               begins to report its data, the BSCC plans to work  
               toward integrating the data from all baseline  
               instruments with data collected from the BSCC report  
               on the implementation of county CCP plans to provide a  
               broader realignment perspective.  The BSCC's data  
               collection efforts will continue to be refined and  
               expanded in conjunction with the development of longer  
               term research questions.  

               . . .  

                Partnerships  :  The BSCC is working to build  
               partnerships with research organizations, academia,  
               and others on research projects related to  
               California's corrections system.

                In Progress  : The BSCC is working with the PPIC to  
               develop a multi-county data collection project, which  
               will track offender behavior at the individual level  
               and system responses in custody and in the community.   
               This project will assist the BSCC to achieve its  
               mission of aligning fiscal policy and correctional  
               practices to improve public safety through  
               cost-effective, promising, and evidence-based  
               strategies for managing criminal justice populations.  
               . .  The BSCC is partnering with the United States  




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               DOJ's Office of Justice Programs' Diagnostic Center on  
               several issues, including strategic planning,  
               developing an information systems plan, developing  
               statewide technical assistance strategies, and grant  
               funding.







































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                Future Activities  : The BSCC will continue to expand  
               its research partnerships to support research efforts  
               that can inform state and local policy and decision  
               making.

               In January 2013, the Board approved the establishment  
               of a standing committee on data and research.  The  
               purpose of this committee is to work with the BSCC  
               staff on the development of a comprehensive data  
               collection plan, the coordination of data collection  
               efforts by the BSCC with other entities to avoid  
               duplication of effort, and to leverage resources of  
               various groups focusing on the same or similar data  
               collection goals and objectives. . . .

                In Progress  :  The BSCC is currently working to  
               identify individuals with expertise in data and  
               research to serve on the Data and Research Standing  
               Committee.

                Future Activities  : The Data and Research Standing  
               Committee will coordinate with the BSCC staff on the  
               development of a long-term research plan.

                Other Strategies and Activities  :  Other strategies and  
               activities that the BSCC anticipates completing as  
               part of its data and research responsibilities and to  
               complement the activities currently underway include:  
               developing a long-term data collection and reporting  
               strategy; determining the needs and capabilities of a  
               consolidated realignment baseline database; helping  
               counties develop appropriate outcome measures to be  
               collected locally and inform data driven decision  
               making; developing processes for the reporting and  
               collecting of juvenile out-of-home and adult  
               out-of-county placements; and, developing standardized  
               definitions/dictionary of terms.

          Members of the Committee and the author may wish to discuss how  




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          this bill differs from work now underway at the BSCC with  
          respect to data collection and analysis.  In addition, SB 852  
          (Leno), the 2014-15 budget bill, contains the following  
          language:

               The Board of State and Community Corrections shall  
               provide, no later than February 15, 2015, a report to  
               the Governor and the Legislature describing a set of 6  
               to 12 recommended performance metrics that are  
               available or should be commonly available and can be  
               used to provide information to county governments, the  
               Legislature, and the Governor about the results of a  
               county's community corrections system. In developing  
               the report, the board is strongly encouraged to  
               consult with stakeholders and nonpartisan research  
               organizations.  The report shall include, but not be  
               limited to, definitions of data points, a description  
               of where the data may be accessed, and how the data  
               may be interpreted.

          HOW DOES THIS BILL COMPARE TO THE CURRENT DATA-RELATED  
          ACTIVITIES AND FUTURE PLANS OF THE BSCC?

          5.  Similar Bill

           Earlier this year this Committee heard and passed SB 1097  
          (Nielsen), which proposed to enact a framework, established  
          through the BSCC, for collecting information concerning the same  
          felony offenders targeted by this bill.  That bill enumerates  
          specific data to be included.  With respect to jail felons, the  
          data generally pertains to information about the offender, the  
          conviction offense, the sentence, what happened to the person  
          after sentencing, such as jail time, programming and violation  
          behavior.  With respect to persons coming out of prison on  
          postrelease community supervision (probation, not parole,  
          supervision), the data generally concerns arrests, violation  
          behavior, sanctions for violations, and programming.  SB 1097  
          was held in Senate Appropriations Committee on suspense.














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