SB 1097, as introduced, Nielsen. Corrections: Criminal Justice Reinvestment Assessment Grant Program of 2014.
Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs.
This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2014. The bill would require the grant program to be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society.
The bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2014, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties.
The bill would require each county to report specified data to the board, on or before January 1, 2015, and annually each year thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2015, and annually thereafter.
By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program.
The bill would appropriate an undetermined sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Article 1.5 (commencing with Section 6033) is
2added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:
3
This article shall be known, and may be cited, as the
8Criminal Justice Reinvestment Assessment Grant Program of 2014.
The Legislature finds and declares all of the following:
P3 1(a) The Legislature is committed to reducing recidivism among
2criminal offenders, ensuring that local governments have adequate
3funding to achieve this goal, and facilitating the responsible
4implementation of the criminal justice policies contained in the
52011 Realignment Legislation addressing public safety.
6(b) By enacting the 2011 Realignment Legislation addressing
7public safety, the Legislature affirmed its commitment to justice
8reinvestment and stated that the purpose of justice reinvestment
9is to manage and allocate criminal justice populations more
10cost-effectively, generating savings that can be reinvested in
11evidence-based strategies
that increase public safety while holding
12offenders accountable.
13(c) The 2011 Realignment Legislation addressing public safety
14represents a significant shift of responsibilities and may be the
15largest criminal justice experiment in modern history. However,
16the quick and unanticipated nature of the passage of this legislation,
17in combination with broad county discretion in its implementation,
18offers a unique and crucial opportunity to identify best practices
19in community corrections and the impacts of correctional
20decentralization.
21(d) The 2011 Realignment Legislation addressing public safety
22did not require counties to collect data on outcome measures, nor
23did it provide specific resources for data collection that if
24adequately funded and properly implemented would allow
25policymakers, researchers, stakeholders, and counties to take
26advantage of the historic opportunity to study
and evaluate the
27changing felon population and the strategies and interventions that
28counties employ to reduce recidivism.
29(e) The Bureau of State Audits’ September 2013 High Risk
30report identified the 2011 realignment of criminal justice
31responsibilities between the state and counties as a “high-risk”
32policy, citing a lack of “reliable and meaningful realignment data
33to ensure [the state’s] ability to effectively monitor progress toward
34achieving intended realignment goals.”
35(f) It is the intent of the Legislature to fully fund the data
36collection and reporting efforts required by this article. It is further
37the intent of the Legislature that funding for these activities not
38come from existing funding that supports the 2011 Realignment
39Legislation addressing public safety.
(a) The Criminal Justice Reinvestment Assessment
2Grant Program of 2014, which is hereby established, shall be
3administered by the Board of State and Community Corrections
4for the purpose of establishing and implementing reporting systems
5to identify and expand programs that provide proven,
6evidence-based, local programming opportunities for the successful
7reintegration of offenders into society. The board shall award grants
8to assist counties with the creation or expansion of infrastructure
9that allows each county to consistently collect and report criminal
10justice information as required by Sections 6033.10 and 6033.12.
11(b) For purposes of this article, “board” means the Board of
12State and Community
Corrections.
(a) On or before June 1, 2014, each local community
14corrections partnership established pursuant to Section 1230 shall
15report to the board on the county’s capacity to collect and report
16the data required by Sections 6033.10 and 6033.12. The report
17shall include a local plan that identifies the additional resources
18necessary for that county to consistently collect and report criminal
19justice information as required by Sections 6033.10 and 6033.12.
20(b) The board shall review each assessment submitted pursuant
21to subdivision (a) and shall prioritize and award grants pursuant
22to Section 6033.8. Funding shall be used to supplement, rather
23than supplant, existing programs. Grant funds shall be used for
24programs that are identified in the local plan
submitted pursuant
25to subdivision (a).
26(c) The board shall submit to the Legislature on or before June
2715, 2014, a report detailing the estimated need, cost, and schedule
28for each county to consistently collect and report criminal justice
29information as required by Sections 6033.10 and 6033.12. The
30report shall be submitted in compliance with Section 9795 of the
31Government Code.
The board shall establish minimum standards, funding
33schedules, and procedures for awarding grants, which shall take
34into consideration, but not be limited to, all of the following:
35(a) Size of the county.
36(b) Demonstrated efforts to report data prior to January 1, 2016.
37(c) Demonstrated ability to report data prior to January 1, 2016.
(a) On or before January 1, 2015, and annually each
39year thereafter, each county shall report specified data to the board
40in a format prescribed by the board. The board shall specify and
P5 1define minimum required reporting which shall include, but not
2be limited to, the following for each individual sentenced pursuant
3to subdivision (h) of Section 1170:
4(1) Individual identifiers.
5(2) County identifiers.
6(3) Date of birth.
7(4) Gender.
8(5) Race or ethnicity.
9(6) Age at first arrest.
10(7) Conviction offense.
11(8) Sanction or sentence received.
12(9) Total jail time served.
13(10) Release status.
14(11) Violations of probation.
15(12) Rearrests.
16(13) Reconvictions.
17(14) Any other return to custody.
18(15) Use of flash incarceration.
19(16) Assessed risk level.
20(17) Participation in pretrial programs.
21(18) Participation in specialty court.
22(19) Participation in day reporting release programs.
23(20) Participation in electronic monitoring programs.
24(21) Participation in community service release programs.
25(22) Participation in work release programs.
26(23) Participation in intensive probation supervision.
27(24) Needs assessment.
28(25) Any reentry programming provided.
29(26) Participation in cognitive behavioral therapy.
30(27) Participation in mental health treatment.
31(28) Participation in substance abuse treatment.
32(29) Participation in gender-specific programming.
33(30) Participation in family programming.
34(31) Any health care assistance provided.
35(32) Any housing assistance provided.
36(33) Any income support provided.
37(34) Any employment assistance provided.
38(35) Any vocational training assistance provided.
39(36) Any educational enrollment assistance provided.
40(37) Any mentoring programming provided.
P6 1(38) Any peer support programming provided.
2(b) The board shall compile the local reports and, by May 15,
32015, and by May 15 of each year thereafter, make a report to the
4Governor and the Legislature that summarizes the data reported
5by the counties pursuant to subdivision (a). The report submitted
6to the Legislature shall be submitted in compliance with Section
79795 of the Government Code.
(a) On or before January 1, 2015, and annually each
9year thereafter, each county shall provide specified data to the
10board in a format prescribed by the board. The board shall specify
11and define minimum required reporting which shall include, but
12not be limited to, the following for each individual supervised
13pursuant to Section 3451:
14(1) Violations of postrelease community supervision.
15(2) Rearrests.
16(3) Reconvictions.
17(4) Any other return to custody.
18(5) Use of flash incarceration.
19(6) Participation in intensive probation supervision.
20(7) Any reentry programming provided.
21(8) Participation in cognitive behavioral therapy.
22(9) Participation in mental health treatment.
23(10) Participation in substance abuse treatment.
24(11) Participation in gender-specific programming.
25(12) Participation in family programming.
26(13) Any health care assistance provided.
27(14) Any housing assistance provided.
28(15) Any income support provided.
29(16) Any employment assistance provided.
30(17) Any vocational training assistance provided.
31(18) Any educational enrollment assistance provided.
32(19) Any mentoring programming provided.
33(20) Any peer support programming provided.
34(b) The board shall compile the local reports and, by May 15,
352015, and by May 15 of each year thereafter, make a report to the
36Governor and the Legislature that summarizes the data reported
37by the counties pursuant to subdivision (a). The report submitted
38to the Legislature shall be submitted in compliance
with Section
399795 of the Government Code.
(a) The amount of _____dollars ($____) is hereby
2appropriated from the General Fund to the board for the 2014−15
3fiscal year for the purpose of implementing this article.
4(b) The board may award up to the amount of the appropriation,
5less the board’s administrative costs, not to exceed 5 percent of
6the total grant funding awarded statewide, as individual grants not
7exceeding ____to counties to assist in establishing data reporting
8systems that will allow a county to consistently collect and report
9criminal justice information as required by Sections 6033.10 and
106033.12.
If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.
This act is an urgency statute necessary for the
17immediate preservation of the public peace, health, or safety within
18the meaning of Article IV of the Constitution and shall go into
19immediate effect. The facts constituting the necessity are:
20In order ensure that relevant data pertaining to the 2011
21Realignment Legislation addressing public safety are collected
22and reported as soon as possible to allow stakeholders to measure
23the effectiveness of this landmark change in public safety policy,
24it is necessary that this bill go into immediate effect.
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