Bill Text: CA SB1097 | 2013-2014 | Regular Session | Amended
Bill Title: Corrections: Criminal Justice Reinvestment Assessment
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1097 Detail]
Download: California-2013-SB1097-Amended.html
BILL NUMBER: SB 1097 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2014
INTRODUCED BY Senator Nielsen
( Coauthors: Senators
Hancock and Knight )
FEBRUARY 19, 2014
An act to add Article 1.5 (commencing with Section 6033) to
Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to
corrections, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1097, as amended, 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:
SECTION 1. Article 1.5 (commencing with Section 6033) is added to
Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:
Article 1.5. Criminal Justice Reinvestment Assessment Grant
Program of 2014
6033. This article shall be known, and may be cited, as the
Criminal Justice Reinvestment Assessment Grant Program of 2014.
6033.2. The Legislature finds and declares all of the following:
(a) The Legislature is committed to reducing recidivism among
criminal offenders, ensuring that local governments have adequate
funding to achieve this goal, and facilitating the responsible
implementation of the criminal justice policies contained in the 2011
Realignment Legislation addressing public safety.
(b) By enacting the 2011 Realignment Legislation addressing public
safety, the Legislature affirmed its commitment to justice
reinvestment and stated that the purpose of justice reinvestment is
to manage and allocate criminal justice
populations more cost effectively, generating savings that can be
reinvested in evidence-based strategies that increase public safety
while holding offenders accountable.
(c) The 2011 Realignment Legislation addressing public safety
represents a significant shift of responsibilities and may
be the largest criminal justice experiment in modern history
responsibilities . However, the quick and
unanticipated nature of the passage of this legislation, in
combination with broad county discretion in its implementation,
offers a unique and crucial opportunity to
identify best practices in community corrections and the impacts of
correctional decentralization.
(d) The 2011 Realignment Legislation addressing public safety did
not require counties to collect data on outcome measures, nor did it
provide specific resources for data collection that if adequately
funded and properly implemented would allow policymakers,
researchers, stakeholders, and counties to take advantage of the
historic opportunity to study and evaluate the changing felon
population and the strategies and interventions that counties employ
to reduce recidivism.
(e) The Bureau of State Audits' September 2013 High Risk report
identified the 2011 realignment of criminal justice responsibilities
between the state and counties as a "high-risk" policy, citing a lack
of "reliable and meaningful realignment data to ensure the state'
s] ability to effectively monitor progress toward achieving intended
realignment goals."
(f) It is the intent of the Legislature to fully fund the data
collection and reporting efforts required by this article. It is
further the intent of the Legislature that funding for these
activities not come from existing funding that supports the 2011
Realignment Legislation addressing public safety.
6033.4. (a) The Criminal Justice Reinvestment Assessment Grant
Program of 2014, which is hereby established, shall 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 board shall award grants to assist
counties with the creation or expansion of infrastructure that allows
each county to consistently collect and report criminal justice
information as required by Sections 6033.10 and 6033.12.
(b) For purposes of this article, "board" means the Board of State
and Community Corrections.
6033.6. (a) On or before June 1, 2014, each local community
corrections partnership established pursuant to Section 1230 shall
report to the board on the county's capacity to collect and report
the data required by Sections 6033.10 and 6033.12. The report shall
include a local plan that identifies the additional resources
necessary for that county to consistently collect and report criminal
justice information as required by Sections 6033.10 and 6033.12.
(b) The board shall review each assessment submitted pursuant to
subdivision (a) and shall prioritize and award grants pursuant to
Section 6033.8. Funding shall be used to supplement, rather than
supplant, existing programs. Grant funds shall be used for programs
that are identified in the local plan submitted pursuant to
subdivision (a).
(c) The board shall submit to the Legislature on or before June
15, 2014, a report detailing the estimated need, cost, and schedule
for each county to consistently collect and report criminal justice
information as required by Sections 6033.10 and 6033.12. The report
shall be submitted in compliance with Section 9795 of the Government
Code.
6033.8. (a) The board shall 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)
(1) Size of the county.
(b)
(2) Demonstrated efforts to report data prior to
January 1, 2016.
(c)
(3) Demonstrated ability to report data prior to
January 1, 2016.
(b) The board shall give preference to counties that have
demonstrated efforts to independently collect data on a countywide
basis.
6033.10. (a) On or before January 1, 2015, and annually each year
thereafter, each county shall report specified data to the board in
a format prescribed by the board. The board shall specify and define
minimum required reporting which shall include, but not be limited
to, the following for each individual sentenced pursuant to
subdivision (h) of Section 1170:
(1) Individual identifiers.
(2) County identifiers.
(3) Date of birth.
(4) Gender.
(5) Race or ethnicity.
(6) Age at first arrest.
(7) Conviction offense.
(8) Sanction or sentence received.
(9) Total jail time served.
(10) Release status.
(11) Violations of probation.
(12) Rearrests.
(13) Reconvictions.
(14) Any other return to custody.
(15) Use of flash incarceration.
(16) Assessed risk level.
(17) Participation in pretrial programs.
(18) Participation in specialty court.
(19) Participation in day reporting release programs.
(20) Participation in electronic monitoring programs.
(21) Participation in community service release programs.
(22) Participation in work release programs.
(23) Participation in intensive probation supervision.
(24) Needs assessment.
(25) Any reentry programming provided.
(26) Participation in cognitive behavioral therapy.
(27) Participation in mental health treatment.
(28) Participation in substance abuse treatment.
(29) Participation in gender-specific programming.
(30) Participation in family programming.
(31) Any health care assistance provided.
(32) Any housing assistance provided.
(33) Any income support provided.
(34) Any employment assistance provided.
(35) Any vocational training assistance provided.
(36) Any educational enrollment assistance provided.
(37) Any mentoring programming provided.
(38) Any peer support programming provided.
(b) The board shall compile the local reports and, by May 15,
2015, and , notwithstanding Section 10231.5 of the Government
Code, by May 15 of each year thereafter, make a report to the
Governor and the Legislature that summarizes the data reported by the
counties pursuant to subdivision (a). The report submitted to the
Legislature shall be submitted in compliance with Section 9795 of the
Government Code.
6033.12. (a) On or before January 1, 2015, and annually each year
thereafter, each county shall provide specified data to the board in
a format prescribed by the board. The board shall specify and define
minimum required reporting which shall include, but not be limited
to, the following for each individual supervised pursuant to Section
3451:
(1) Violations of postrelease community supervision.
(2) Rearrests.
(3) Reconvictions.
(4) Any other return to custody.
(5) Use of flash incarceration.
(6) Participation in intensive probation supervision.
(7) Any reentry programming provided.
(8) Participation in cognitive behavioral therapy.
(9) Participation in mental health treatment.
(10) Participation in substance abuse treatment.
(11) Participation in gender-specific programming.
(12) Participation in family programming.
(13) Any health care assistance provided.
(14) Any housing assistance provided.
(15) Any income support provided.
(16) Any employment assistance provided.
(17) Any vocational training assistance provided.
(18) Any educational enrollment assistance provided.
(19) Any mentoring programming provided.
(20) Any peer support programming provided.
(b) The board shall compile the local reports and, by May 15,
2015, and , notwithstanding Section 10231.5 of the Government
Code, by May 15 of each year thereafter, make a report to the
Governor and the Legislature that summarizes the data reported by the
counties pursuant to subdivision (a). The report submitted to the
Legislature shall be submitted in compliance with Section 9795 of the
Government Code.
6033.14. (a) The amount of _____dollars ($____) is hereby
appropriated from the General Fund to the board for the 2014-15
fiscal year for the purpose of implementing this article.
(b) The board may award up to the amount of the appropriation,
less the board's administrative costs, not to exceed 5 percent of the
total grant funding awarded statewide, as individual grants not
exceeding ____to counties to assist in establishing data reporting
systems that will allow a county to consistently collect and report
criminal justice information as required by Sections 6033.10 and
6033.12.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure that relevant data pertaining to the
2011 Realignment Legislation addressing public safety are collected
and reported as soon as possible to allow stakeholders to measure the
effectiveness of this landmark change in public safety policy, it is
necessary that this bill go into immediate effect.
