BILL ANALYSIS �
SB 1054
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Date of Hearing: June 17, 2014
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1054 (Steinberg) - As Amended: April 7, 2014
As Proposed to be Amended in Committee
SUMMARY : Establishes Mentally Ill Offender Crime Reduction
(MIOCR) grants to be administered by the Board of State and
Community Corrections (BSCC). Specifically, this bill :
1)Requires BSCC to administer and award mentally ill offender
crime reduction grants on a competitive basis to counties that
expand or establish a continuum of swift, certain, and
graduated responses to reduce crime and criminal justice costs
related to mentally ill offenders, as that term is defined.
2)Requires a county, to be eligible for a grant, to establish a
strategy committee that includes, at a minimum, the following:
a) The sheriff or director of the county department of
corrections in a county in which the sheriff is not in
charge of administering the county jail system, who chairs
the committee;
b) Representatives from other local law enforcement
agencies;
c) The chief probation officer;
d) The county mental health director;
e) A superior court judge;
f) A former client of a mental health treatment facility;
and,
g) Representatives from organizations that can provide, or
have provided, treatment or stability, including income,
housing, and caretaking, for persons with mental illnesses.
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3)Requires the strategy committee to develop a comprehensive
plan for providing a cost-effective continuum of graduated
responses, including prevention, intervention, and
incarceration, for mentally ill offenders. Requires
strategies for prevention and intervention to include, but are
not limited to, both of the following:
a) Mental health or substance abuse treatment for mentally
ill offenders who have been released from law enforcement
custody; and,
b) The establishment of long-term stability for mentally
ill offenders who have been released from law enforcement
custody, including a stable source of income, a safe and
decent residence, and a conservator or caretaker.
4)Requires the comprehensive plan to include the identification
of specific outcome and performance measures and a plan for
annual reporting that will allow BSCC to evaluate, at a
minimum, the effectiveness of the strategies in reducing crime
and offenses committed by mentally ill offenders and the
criminal justice costs related to mentally ill offenders.
5)Requires BSCC to award grants that provide funding for four
years. Provides that funding can be used to supplement,
rather than supplant, funding for existing programs. Allows
the funds to be used to fund specialized alternative custody
programs that offer appropriate mental health treatment and
services. Prohibits a grant from being awarded unless the
applicant makes available resources in an amount equal to at
least 25% of the amount of the grant, which can include
in-kind contributions from participating agencies.
6)States that priority in awarding grants should be given to
those proposals that include additional funding that exceeds
25% of the amount of the grant.
7)Requires BSCC to establish minimum standards, funding
schedules, and procedures for awarding grants, which shall
take into consideration, but not be limited to, all of the
following:
a) Percentage of the jail population with severe mental
illness;
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b) Demonstrated ability to administer the program;
c) Demonstrated ability to develop effective responses to
provide treatment and stability for persons with severe
mental illness;
d) Demonstrated history of maximizing federal, state,
local, and private funding sources; and,
e) Likelihood that the program will continue to operate
after state grant funding ends.
8)Requires BSCC to create an evaluation design for grants that
will assess the effectiveness of the program in reducing
crime, the number of early releases due to jail overcrowding,
and local criminal justice costs, as specified.
9)Makes numerous legislative findings and declarations.
EXISTING LAW :
1)Defines "seriously emotionally disturbed children or
adolescents" as minors under the age of 18 years who have a
mental disorder as identified in the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders,
other than a primary substance use disorder or developmental
disorder, which results in behavior inappropriate to the
child's age according to expected developmental norms. (Welf.
& Inst. Code, � 5600.3, subd. (a).)
2)Defines "mentally ill offenders" as adults and older adults
who have a serious mental disorder and who require or are at
risk of requiring acute psychiatric inpatient care,
residential treatment, or outpatient crisis intervention
because of a mental disorder with symptoms of psychosis,
suicidality, or violence. (Welf. & Inst. Code, � 5600.3,
subd. (b)(1) & (c).)
3)Establishes BSCC as an independent entity of the California
Department of Corrections and Rehabilitation (CDCR). (Pen.
Code, � 6024, subd. (a).)
4)Provides that the mission of BSCC is to provide statewide
leadership, coordination, and technical assistance to promote
effective state and local efforts and partnerships in
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California's adult and juvenile criminal justice system.
(Pen. Code, � 6024, subd. (b).)
5)Establishes the Council on Mentally Ill Offenders (COMIO)
within CDCR as a body including representatives from mental
health and the criminal justice system. (Pen. Code, � 6044,
subd. (a).)
6)Provides that the mission of COMIO is to investigate and
promote cost-effective approaches to meeting the long-term
needs of adults and juveniles with mental disorders who are
offenders or are likely to become offenders. (Pen. Code, �
6044, subd. (e).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 1054
re-establishes the Mentally Ill Offender Crime Reduction Grant
(MIOCRG) Program. In the past this grant program has been
successful in reducing crime in our communities and breaking
the pattern of our jails and prisons being our de facto mental
health facilities.
"SB 1054 re-establishes the competitive grant program that
provides counties the resources they need to divert mentally
ill low-level offenders to treatment rather than jail, with
follow-up services for those released from jail to keep them
from reoffending.
"Under the original MIOCRG program established in 1998,
counties developed local projects including mental health
courts, enhanced community-based mental health and substance
abuse treatment, and vocational and employment training.
"This program can help slow the revolving door of
incarceration, lower crime and costs, create better
alternatives for counties under realignment, and bring
desperately needed treatment for those struggling with mental
illness."
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2)MIOCR Grant Program : In 1998, the Legislature passed SB 1485
(Rosenthal) establishing the MIOCRGP. Under SB 1485, the
Board of Corrections (BOC) (which was replaced by BSCC)
awarded grants to support the development, implementation, and
evaluation of projects that demonstrated locally-identified
strategies for reducing recidivism among mentally ill
offenders. Before the program was defunded in 2008, MIOCR
grant-funded projects delivered targeted, enhanced services
and/or interventions while fostering interagency collaboration
between mental health and criminal justice agencies. The
MIOCRGP encompassed 30 projects in 26 counties, and while the
30 demonstration projects were unique in that each was
designed to deal with the specific service gaps and needs of
its jurisdiction, all used their grants to maximize local
resources, incorporate evidence-based "best practices" and
design service delivery systems that would enhance local
capabilities. (California Board of Corrections, Mentally Ill
Offender Crime Reduction Grant Program: Overview of Statewide
Evaluation Findings (Mar. 2005)
[as of Jun. 12, 2014].)
An evaluation of the MIOCRGP in 2005 indicated generally
favorable outcomes. The Board's analysis of the local
research findings confirms that the enhanced treatment and
support services offered through the MIOCRGP made a positive
difference. The statewide research shows that program
participants, compared to those receiving treatment as usual,
were: "1) more comprehensively diagnosed and evaluated
regarding their mental functioning and therapeutic needs; 2)
more quickly and reliably provided with services designed to
ameliorate the effects of mental illness; 3) provided with
more complete after-jail systems of care designed to ensure
adequate treatment and support; and, 4) monitored more closely
to ensure that additional illegal behavior, mental
deterioration, and other areas of concern were quickly
addressed." (Ibid.) As a result, program "participants were
booked less often, convicted less often, and convicted of less
serious offenses when they were convicted than individuals
receiving [treatment as usual (TAU)]. In addition, fewer
participants served time in jail and, when they did serve
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time, they were in jail for fewer days than were TAU
participants." (Ibid.)
3)Mentally Ill Offender Recidivism : CDCR data shows higher
rates of recidivism in inmates identified with mental health
issues when compared to those without. Upon release, inmates
exhibiting mental health problems are assigned one of two
mental health services designations: Enhanced Outpatient
Program (EOP) or Correctional Clinical Case Management System
(CCCMS). Inmates with severe mental illness expected to
experience difficulty transitioning out of corrections are
designated as EOP and receive treatment at a level similar to
day treatment services in the community, while inmates
receiving CCCMS services are housed within the general
population and participate on an outpatient basis. In the
2013 CDCR Outcome Evaluation Report, 73% of first-release
inmates with an EOP designation recidivated after three years,
compared to lower rate found in CCCMS designees (67.2%) and
those without a designation (59.3%). (Office of Research,
California Department of Corrections and Rehabilitation, 2013
Outcome Evaluation Report (Jan. 2014) p. 29
[as of Jun. 12, 2014].)
4)Arguments in Support :
a) As argued by the California State Association of
Counties , "the [MIOCRGP] was developed to deliver targeted
community mental health services to this population both in
custody and/or after incarceration. ? [] More than 40
counties participated in the competitive grant program
until funding was eliminated in the 2008-09 Budget Act due
to the Great Recession. Since that time, the state's
criminal justice system has been transformed by 2011 Public
Safety Realignment. ? [] Now, more than ever, counties
are uniquely positioned to serve the lower-level offender
population by blending the provision of corrections,
substance abuse treatment, mental health services and
social services programs to ensure better public safety
outcomes. Counties are seeking the tools and local
flexibility that we need to combat recidivism, rebuild
families, and create safe communities."
b) Californians for Safety and Justice states that
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"[p]roviding care to people in the criminal justice system
with a serious mental illness is essential to stopping the
cycle of crime, and incentivizing counties to provide
services is essential to improving the safety of our
communities. [] People in the criminal justice system
are three times more likely to suffer from a serious mental
illness and, if left untreated, can act as a driver of
future crime. Unfortunately, most local jurisdictions have
not had adequate resources to ensure effective mental
health treatment. By increasing funding for programs for
people in the criminal justice system, we can improve their
mental health and prevent future crime."
5)Argument in Opposition : According to Taxpayers for Improving
Public Safety , "[t]his bill should be rejected because it
cannot reasonably meet the minimum needs of 58 counties (less
than $862,000 per county) to provide assistance to mentally
ill offenders. At an average civil service cost of $8,500 per
month for a Psychologist and $16,000 per month for a
Psychiatrist, the funding at best may provide a single
additional practitioner with support staff per county. This
is at [the] very same time that the Federal Court have [sic]
required the State to provide certain medical services for AB
109 County jail inmates and the Federal Court receiver has
submitted reports that both CDCR and the County jails are
providing inadequate mental health treatment. Increased
homelessness, street violence, and children killing children
in our public schools are more than sufficient proof of the
inadequacy of this proposal."
6)Prior Legislation :
a) AB 1811 (Laird), Chapter 48, Statutes of 2006, provided
funding for MIOCR grants through 2008.
b) SB 2062 (Perata), of the 1999-2000 Legislative Session,
would have authorized BOC to administer and award mentally
ill juvenile offender crime reduction grants. SB 2062 was
vetoed by the Governor.
c) SB 1485 (Rosenthal), Chapter 501, Statutes of 1998,
required BOC to administer and award MIOCR grants until
January 1, 2005.
d) SB 2108 (Vasconcellos), Chapter 502, Statutes of 1998,
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amended the 1998-99 Budget Act to provide funds to BOC for
MIOCR grants.
REGISTERED SUPPORT / OPPOSITION :
Support
Association for Los Angeles Deputy Sheriffs
California Attorneys for Criminal Justice
California Catholic Conference of Bishops
California Council of Community Mental Health Agencies
California Fraternal Order of Police
California Public Defenders Association
California Psychological Association
California State Association of Counties
California State Sheriffs' Association
Californians for Safety and Justice
Chief Probation Officers of California
County Welfare Directors Association of California
Disability Rights California
Fight Crime: Invest in Kids California
Long Beach Police Officers Association
Los Angeles County Board of Supervisors
Los Angeles County District Attorney's Office
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Los Angeles Probation Officers Union
Mental Health American of California
National Alliance on Mental Illness California
National Association of Social Workers, California Chapter
Riverside Sheriffs' Association
Sacramento County Deputy Sheriffs Association
San Diego County
Santa Ana Police Officers Association
Santa Clara County
Urban Counties Caucus
Opposition
Taxpayers for Improving Public Safety
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
SB 1054
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