Bill Text: CA AB1056 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 1056 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Second Chance Program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 438, Statutes of 2015. [AB1056 Detail]

Download: California-2015-AB1056-Introduced.html

BILL NUMBER: AB 1056	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Atkins

                        FEBRUARY 26, 2015

   An act to add Chapter 4 (commencing with Section 34650) to Part 2
of Division 24 of the Health and Safety Code, relating to housing
assistance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1056, as introduced, Atkins. Housing assistance: formerly
incarcerated tenants.
   (1) Existing federal law, the American Recovery and Reinvestment
Act of 2009, allocated, until September 30, 2011, $1.5 billion to the
federal Department of Housing and Urban Development for the
Homelessness Prevention Fund, to be used for homelessness prevention
and rapid rehousing. Existing law, the California Work Opportunity
and Responsibility to Kids Act, provides housing supports to
individuals if the administering county determines that the
individual or his or her family is experiencing homelessness or
housing instability that would be a barrier to self-sufficiency or
child well-being, and declares that it is the intent of the
Legislature that housing supports utilize evidence-based models,
including those established in the federal Department of Housing and
Urban Development's Homeless Prevention and Rapid Re-Housing Program.
The Housing Authorities Law establishes, in each county and city, a
public body corporate and politic known as the housing authority of
the county or city.
   This bill would authorize a housing authority, defined to include
an entity created pursuant to the Housing Authorities Law or a
housing-related entity created by a county, to develop a housing
supports program, as defined. The bill would require a housing
supports program to provide rental assistance for a specified period
to persons who are formerly incarcerated, provide rapid rehousing
services, and conduct an individual needs assessment for each
prospective tenant to determine the level of services provided and
length of assistance. The bill would authorize the housing authority
to finance the program through grants provided by the Board of State
and Community Corrections or the California Housing Finance agency,
existing funding sources except as specified, establishment of a
regional center under specified provisions, and a grant repayment
component of the housing supports program.
   The bill would require the Board of State and Community
Corrections to develop a request for proposal process for awarding
grants to housing authorities that establish a housing supports
program. The bill would require the California Housing Finance Agency
to develop a similar request for proposal process for awarding
grants to housing authorities located in small or rural counties, as
defined. The bill would require the request for proposal process for
both agencies to give preference to housing authorities that
demonstrate the ability to attract matching funds or leverage
existing funds and to give consideration to the geographic diversity
of applicant housing authorities.
   (2) The Safe Neighborhoods and Schools Act establishes within the
State Treasury the Safe Neighborhoods and Schools Fund to receive
moneys transferred from the General Fund in an amount equal to the
savings resulting from the implementation of the act, as specified.
The act requires that 65% of the moneys in the Safe Neighborhoods and
Schools Fund be allocated the Board of State and Community
Corrections to administer a grant program to public agencies aimed at
supporting specified types of programs, including diversion
programs, for people in the criminal justice system with an emphasis
on programs that reduce recidivism, as specified.
   This bill would create the Second Chance Fund in the State
Treasury. The bill would require the Board of State and Community
Corrections to deposit an amount equal to 33% of the above-described
moneys it receives from the Safe Neighborhoods and Schools Fund. The
bill would also authorize the Second Chance Fund to receive moneys
from any other federal, state, or local grant, or from any private
donation. The bill would require that 90% of the moneys in the Second
Chance Fund be allocated to the board and 10% to the California
Housing Finance Agency to administer grants for housing supports
programs, as specified.
   The bill would require the board to administer these provisions,
and moneys in the fund would be continuously appropriated to the
board for expenditure for these purposes. By creating a continuously
appropriated fund, this bill would make an appropriation.
   (3) The Safe Neighborhoods and Schools Act provides that its
provisions may be amended by a statute, passed by a 2/3 vote of each
house of the Legislature and signed by the Governor, that is
consistent with and furthers the intent of the act.
   This bill would declare that its provisions further the intent of
the Safe Neighborhoods and Schools Act.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 4 (commencing with Section 34650) is added to
Part 2 of Division 24 of the Health and Safety Code, to read:
      CHAPTER 4.  SECOND CHANCE PROGRAM


   34650.  For the purposes of this chapter, the following
definitions shall apply:
   (a) "Housing authority" means a public corporation established
pursuant to Chapter 1 (commencing with Section 34200) or a
housing-related entity established by a county.
   (b) "Rural or small county" means a county with a population of
not more than 750,000.
   (c) "Housing supports program" means a program for providing
housing-related assistance to individuals that utilizes
evidence-based models, including those established in the federal
Department of Housing and Urban Development's Homeless Prevention and
Rapid Re-Housing Program. A housing supports program may include,
but shall not be limited to, both of the following:
   (1) Financial assistance, including rental assistance, security
deposits, utility payments, moving cost assistance, and motel and
hotel vouchers.
   (2) Housing stabilization and relocation, including outreach and
engagement, landlord recruitment, case management, housing search and
placement, legal services, and credit repair.
   34651.  (a) (1) A housing authority may develop a housing supports
program. A housing authority implementing a housing supports program
established pursuant to this section shall, at minimum, do all of
the following:
   (A) Provide rental assistance, for a period of not less than three
months and not more than 24 months, to persons who are formerly
incarcerated.
   (B) Provide rapid rehousing services, including housing location
services.
   (C) Conduct an individual needs assessment for each prospective
tenant to determine the level of services provided and the length of
assistance.
   (2) A housing authority may include a grant-repayment component in
its housing supports program requiring a tenant to repay a portion
of the aid received over time.
   (b) A housing authority may finance a housing supports program by
any of the following means:
   (1) Grants from the Board of State and Community Corrections, as
specified in Section 34652, or the California Housing Finance Agency,
as specified in Section 34653.
   (2) Existing funding sources, except that the housing authority
shall not utilize moneys received pursuant to the federal Housing
Choice Voucher Program set forth in Section 8 of the United States
Housing Act of 1937 (42 U.S.C. Sec. 1437f) unless the tenant
receiving housing supports would otherwise qualify for assistance
under that program.
   (3) Establishing, operating, and maintaining a regional center
pursuant to the United States Citizenship and Immigration Services'
EB-5 Investment Program, contained in Section 203(b)(5) of the
Immigration and Nationality Act (8 U.S.C. Sec. 1153(b)(5)) and
Section 204.6 of Title 8 of the Code of Federal Regulations, in
accordance with the requirements of the California Foreign Investment
Program (Chapter 4.2 (commencing with Section 6315) of Division 7 of
Title 1 of the Government Code). If the housing authority
establishes a regional center pursuant to this paragraph, it shall
utilize not less than 50 percent of the moneys received pursuant to
the EB-5 Investment Program for the purposes of administering a
housing supports program.
   (4) A grant repayment component of the housing supports program,
as specified in paragraph (2) of subdivision (a).
   34652.  The Board of State and Community Corrections shall develop
a request for proposal process for awarding grants to housing
authorities that establish a housing supports program pursuant to
this chapter. In awarding grants, the board shall do both of the
following:
   (a) Give preference to housing authorities that demonstrate the
ability to attract matching funds or leverage existing funds.
   (b) Give consideration to the geographic diversity of the housing
authorities applying for grants.
   34653.  The California Housing Finance Agency shall develop a
request for proposal process for awarding grants to housing
authorities that establish a housing supports program pursuant to
this chapter and are located in a rural or small county. In awarding
grants, the board shall do both of the following:
   (a) Give preference to housing authorities that demonstrate the
ability to attract matching funds or leverage existing funds.
   (b) Give consideration to the geographic diversity of the housing
authorities applying for grants.
   34654.  (a) The Second Chance Fund is hereby created in the State
Treasury. The Board of State and Community Corrections shall be the
entity responsible for administering this section. Moneys in the fund
are hereby continuously appropriated without regard to fiscal year
for the purposes of this chapter.
   (b) (1) The Board of State and Community Corrections shall deposit
an amount equal to 33 percent of the moneys disbursed to it pursuant
to paragraph (3) of subdivision (a) of Section 7599.2 of the
Government Code into the Second Chance Fund.
   (2) The Second Chance Fund may receive moneys from any other
federal, state, or local grant, or from any private donation or
grant, for the purposes of this chapter.
   (c) Moneys in the Second Chance Fund shall be disbursed as
follows:
   (1) Ninety percent to the Board of State and Community Corrections
for the purposes of administering the grant program described in
Section 34652.
   (2) Ten percent to the California Housing Finance Agency for the
purpose administering the grant program described in Section 34653.
  SEC. 2.  The Legislature finds and declares that this act furthers
the intent of the Safe Neighborhoods and Schools Act enacted by
Proposition 47 at the November 4, 2014, general election.