Bill Text: CA AB1688 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Rehabilitation programs: recidivism.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB1688 Detail]

Download: California-2019-AB1688-Amended.html

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1688


Introduced by Assembly Members Calderon and Jones-Sawyer

February 22, 2019


An act to amend Section 5000 of add Chapter 8.3 (commencing with Section 6150) to Title 7 of Part 3 of the Penal Code, relating to the Department of Corrections and Rehabilitation. recidivism.


LEGISLATIVE COUNSEL'S DIGEST


AB 1688, as amended, Calderon. Department of Corrections and Rehabilitation. Rehabilitation programs: recidivism.
Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison system. Existing law establishes various rehabilitation programs for inmates in the state prison, including literacy, education, and vocational training programs. Existing law requires the California Rehabilitation Oversight Board to regularly examine these programs and to annually report to the Governor and the Legislature on specified findings, including the effectiveness of treatment efforts and recommendations with respect to rehabilitation and treatment programs.
This bill would require the department, by June 30, 2020, to contract with a researcher to conduct a recidivism analysis of the effectiveness of rehabilitation programs and to create performance targets. The bill would require the department, in the following fiscal year, to develop and implement a corrective action plan based on the recidivism analysis and performance targets, and would require the department, during the 2021–22 fiscal year, to implement the corrective action plan and to annually report to the Legislature on the recidivism analysis, performance targets, and corrective action plan.

Existing law provides that any reference to the Department of Corrections in the Penal Code or any other code refers to the Department of Corrections and Rehabilitation, Division of Adult Operations, and that the primary objective of adult incarceration is to promote public safety.

This bill would make technical, nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

(c) Improve the efficient use of existing rehabilitation resources.

6151.
 (a) The Department of Corrections and Rehabilitation shall do all of the following:
(1) (A) By June 30, 2020, draft a scope of work, select and contract with an external researcher to conduct a recidivism analysis of the effectiveness of rehabilitation programs, define the data elements for purposes of the analysis, and create performance targets.
(B) Contracts awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Administrative Manual, and shall not be subject to the approval of the Department of General Services.
(2) During the 2020–21 fiscal year:
(A) Ensure that the selected external researcher conducts and completes a recidivism analysis pursuant to the scope of work.
(B) Develop and implement a corrective action plan in response to the recidivism analysis and performance targets identified in paragraph (1).
(3) During the 2021–22 fiscal year:
(A) Modify, as necessary, and continue implementing, the corrective action plan.
(B) Given the results of the recidivism analysis, create new performance targets and policies, and modify or eliminate rehabilitation programs that are proven ineffective.
(C) Prepare a report on the recidivism analysis, performance targets, and corrective action plan.
(b) By June 1, 2022, and annually thereafter, the Department of Corrections and Rehabilitation shall submit to the Legislature the report specified in subparagraph (C) of paragraph (3) of subdivision (a).
(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on June 1, 2026, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 5000 of the Penal Code is amended to read:
5000.

(a)Commencing July 1, 2005, any reference to the Department of Corrections in this or any other code refers to the Department of Corrections and Rehabilitation, Division of Adult Operations.

(b)Nothing in the act enacted by Senate Bill 737 of the 2005–06 Regular Session shall be construed to alter the primary objective of adult incarceration under the reorganized Department of Corrections and Rehabilitation, which remains public safety as articulated in the legislative findings and declarations set forth in Section 1170.

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