Bill Text: CA AB2220 | 2021-2022 | Regular Session | Amended
Bill Title: Homeless Courts Pilot Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2220 Detail]
Download: California-2021-AB2220-Amended.html
|
Amended
IN
Assembly
April 18, 2022 |
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Amended
IN
Assembly
March 24, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2220
| Introduced by Assembly Member Muratsuchi |
February 15, 2022 |
An act to add and repeal Chapter 5.5 (commencing with Section 5475) to of Part 1 of Division 5 of the Welfare and Institutions Code, relating to courts, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2220, as amended, Muratsuchi.
Homeless Courts Pilot Program.
Existing law governs the jurisdiction of various criminal actions and criminal proceedings. Existing law also provides various diversion programs, including programs for defendants with cognitive disabilities and programs for defendants who were, or currently are, members of the United States military.
This bill would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2027, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals. individuals who are involved with the criminal justice
system. The bill would require programs seeking grant funds to provide any a number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have infractions, misdemeanor, or felony charges dismissed upon completion of a program, provision of supportive housing, as defined, during the duration of the program, and a dedicated county representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to
be used in accordance with that plan. The bill would also require the Judicial Council, on or before July 1, 2026, to submit a report to the Legislature describing evaluating the programs funded and the success and challenges of those programs. programs, along with recommendations for improving the programs. The bill would require the Judicial Council to establish performance-based outcome measures for each participating homeless court.
court, including, among other things, information relating to the demographics of program participants, housing placements for all participants, and successful substance use disorder treatment rates. The bill would appropriate an unspecified amount from the General Fund for the purpose of providing grants under administering this program.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 5.5 (commencing with Section 5475) is added to Part 1 of Division 5 of the Welfare and Institutions Code, to read:CHAPTER 5.5. Homeless Courts Pilot Program
5475.
The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless5478.
(a) The council shall award grants on a competitive basis to applicants that(b) The council shall develop guidelines to administer the grant program and award grants to programs that provide, or seek to
will provide, at a minimum, any all of the following program components:
(1) A diversion program enabling participating defendants to have their infraction, misdemeanor, or felony charges dismissed upon completion of the program.
(2) Provision of a public defender for the entire duration of the program.
(2)
(3) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to individuals experiencing homelessness. participating defendants.
(4) Provision of supportive housing, as defined in Section 50675.14 of the Health and Safety Code, to the participating defendant during the entire program.
(3)
(5) A county representative to assist a defendant with long-term housing goals and processes, identifying long-term mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to enable the defendant to be successfully housed. housed after participation in the program.
(4)
(6) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs. programs, as needed.
(5)
(7) Substance abuse and alcohol detoxification and treatment referral services or a partnership with facilities that will admit low-income or Medi-Cal
participants for treatment. treatment, as needed.
(6)
(8) Criminal record clearing services through partnerships with a public defender’s office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing.
(7)Security services approved by the county sheriff’s department.
(8)Facilities with adequate internet capacity in order to permit remote appearances through the use of remote technology with any participating party that cannot attend in person.
(9)Additional evidence-based components identified by the Judicial Council that are consistent with this section.
(c) The council In awarding the grants, the Judicial Council shall give preference to programs that provide, or plan to provide, will provide the following services:
(1) Weekly A minimum of weekly follow-up with mental health and substance abuse counseling services in between court
dates.
(2) Job training or placement services.
(3) Court conditional releases from custody into residential narcotic and drug abuse programs, as defined in Section 11842 of the Health and Safety Code.
(4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery or mental health treatment. treatment, if agreed to by the defendant.
(d) An applicant for funding pursuant to this chapter shall submit an
application designed by the Judicial Council. The application shall include a plan for the creation of a new homeless court or expansion of an existing homeless court program. The application shall clearly detail the initiative for which funding is sought, the associated staffing activities, programs, and services to be delivered, and how the grant program will cover those costs. Any funding awarded to an applicant shall be used in accordance with the approved plan.
5480.
(a) The Judicial Council shall establish performance-based outcome measures appropriate for each participating homeless(1) Demographics of all homeless court program participants.
(2) Services provided.
(3) Services ordered, but not provided.
(4) Housing placements of all program participants.
(5) Permanent housing success for program participants.
(6) Continued treatment beyond the diversion program.
(7) Successful substance use disorder treatment rates.
(8) Detentions or conservatorship pursuant to Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) during and following the diversion program.
(9) Additional criminal justice involvement during and following the diversion program.
(10) Deaths during and following the diversion program.
(11) A subjective survey of the individuals served.
(b) Participating
courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council.
(b)
(c) On or before July 1, 2026, the council Judicial Council
shall compile a report describing the data reported in subdivision (a) and shall prepare a full evaluation of each of the programs funded pursuant to this chapter and the success and challenges of those programs in addressing the needs of chronically homeless individuals. individuals, along with recommendations for improving the programs. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government
Code.
