Bill Text: CA AB2040 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2040

CA State Legislature page for AB2040

Introduced

Bill Title: Prison and parole: California Reentry Officer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2024-08-05 - In committee: Referred to APPR suspense file. [AB2040 Detail]

Download: California-2023-AB2040-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2040

Introduced by Assembly Member Waldron

February 01, 2024

An act to add Chapter 8.5 (commencing with Section 6150) to Title 7 of Part 3 of the Penal Code, relating to criminal justice.

LEGISLATIVE COUNSEL'S DIGEST

AB 2040, as introduced, Waldron. Prison and parole: California Reentry Officer.

Existing law grants the Department of Corrections and Rehabilitation (CDCR) authority to operate the state prison system and gives the department jurisdiction over various state prisons and other institutions. Existing law requires the department to determine and implement a system of incentives to increase inmate participation in, and completion of, academic and vocational education, consistent with the inmate’s educational needs, as specified. Existing law requires the department to develop and implement a plan to obtain additional rehabilitation and treatment services for prison inmates and parolees, and requires the department to expand substance abuse treatment services in prisons to accommodate at least 4,000 additional inmates who have histories of substance abuse, as specified.

This bill would establish the position of the California Reentry Officer, independent from the CDCR, to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts to ensure successful reentry services are provided to incarcerated individuals. The bill would require the officer to focus on programming through the period of incarceration that supports successful reentry to society, facilitate the smooth transition of individuals from prison to release, and raise awareness of continuity of care for incarcerated individuals with health and substance use disorders during community supervision and parole, among other things.

This bill would require the officer to be appointed by the Governor for a 4-year term and serve at the will of the Governor. The bill would require the officer to prepare a report, to be submitted to the Governor and the Legislature, on or before December 1, 2027, and annually thereafter.

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

The people of the State of California do enact as follows:

SECTION 1.

Chapter 8.5 (commencing with Section 6150) is added to Title 7 of Part 3 of the Penal Code, to read:

CHAPTER 8.5. California Reentry Officer

6150.

(a) Commencing January 1, 2025, there is hereby established the position of the California Reentry Officer. The officer shall be independent of the Department of Corrections and Rehabilitation. The Governor shall appoint the officer, subject to Senate confirmation, who shall hold the office at the pleasure of the Governor. The officer shall exercise all duties and functions necessary to ensure that the responsibilities of their office are successfully discharged.

(b) The mission of the officer is to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships with California’s criminal justice system to ensure successful reentry services are provided to incarcerated individuals preparing for release and within community supervision and parole. The officer shall carry out their mission in a way that reflects the principle of aligning fiscal policy and correctional practices, including, but not limited to, programs, interventions, individualized educational pathways, reentry planning and execution, and transition to housing and workforce training to promote a strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.

(c) The officer shall regularly engage and work with a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections and reentry strategies relevant to the officer’s mission. Toward this end, the officer shall seek to ensure that their efforts meet all of the following requirements:

(1) Are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter.

(2) Include the participation of those required to implement programs.

(3) Promote collaboration and innovative problem solving consistent with the mission of the officer.

6151.

The California Reentry Officer shall do all of the following:

(a) Focus on developing and implementing reentry programs from state prisons in coordination with the Department of Corrections and Rehabilitation to ensure successful restorative results upon entry back into society.

(b) Facilitate the smooth transition of individuals from prison to release and postrelease while under supervision by addressing a range of subjects, including, but not limited to, education, career workforce training, mental health and substance use treatment and counseling, assistance with transition to housing, attaining necessary documentation, and maintaining work and housing.

(c) Seek various grants to service the needs of reentry, including, but not limited to, housing rent subsidies, food vouchers, workforce training assistance, career technical education, and scholarships.

(d) Raise awareness of continuity of care for incarcerated people with mental health, physical health, and substance use disorders during community supervision and parole by making information available through various sources, including, without limitation, informational websites, nonprofit entities, social media platforms, and public awareness campaigns.

(e) Focus specifically on recommending programming through the period of incarceration that supports successful reentry to society based on individual needs.

(f) Work closely with various state departments, including, but not limited to, the Department of Corrections and Rehabilitation, the Department of Housing and Community Development, the State Department of Public Health, the California Workforce Development Board, and the State Department of Health Care Services as necessary to perform the functions of the office.

6152.

(a) The California Reentry Officer shall be appointed by the Governor for a term of four years and shall serve at the will of the Governor.

(b) The officer shall be compensated for their service and may be reimbursed for actual, preapproved expenses incurred in connection with their duties.

(d) The officer shall have the powers and authority necessary to carry out the duties imposed by this chapter, including all of the following:

(1) (A) To employ administrative, technical, and other personnel as may be necessary for the performance of the powers and duties of the office.

(B) Any personnel employed pursuant to this paragraph shall be exempt from civil service.

(2) To hold hearings, make and sign agreements, and perform acts necessary to carry out the purposes of this chapter.

(3) To engage with advisers or advisory committees from time to time when the officer determines that the experience or expertise of advisers or advisory committees is needed. The officer shall not have the authority to employ or provide compensation to any such adviser or advisory committee.

(4) To accept any federal funds granted by an act of Congress or by executive order for the purposes of this chapter.

(5) To accept any gifts, donations, grants, or bequests for the purposes of this chapter.

(e) (1) The officer shall prepare an annual report that summarizes feedback from public engagement, provides data on reentry disparities and on roadblocks and successes in the state, and recommends best practices on tools, methodologies, and opportunities for successful reentry programs.

(2) The report shall be submitted, on or before December 1, 2027, and annually thereafter, to the Governor and the Legislature and shall be posted publicly.

(3) The report to be submitted pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.

(f) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.