Bill Text: CA SB1013 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Mentally ill parolees: housing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1013 Detail]

Download: California-2015-SB1013-Amended.html

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BILL NUMBER: SB 1013	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 17, 2016

INTRODUCED BY   Senator Beall

                        FEBRUARY 11, 2016

    An act relating to parolees.   An act to
amend Sections 2985, 2985.1, 2985.2, 2985.3, 2985.4, and 2985.5 of
the Penal Code, relating to parolees. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1013, as amended, Beall.  Parolees: mental illness:
  Mentally ill parolees:  housing. 
   (1) Existing law authorizes the Department of Corrections and
Rehabilitation to obtain day treatment, and to contract for crisis
care services, for parolees with mental health problems, and requires
the department to provide a supportive housing program that provides
wraparound services to mentally ill parolees at risk of homelessness
using funding appropriated for that purpose. Existing law provides
that an inmate or parolee is eligible for participation if he or she
has a serious mental disorder, as defined, has been assigned a
release date from state prison, and is likely to become homeless upon
release or is currently a homeless parolee. Existing law requires
providers to offer various services, including housing location
services and rental subsidies. Existing law requires a service
provider to comply with specified requirements, including, among
others, that the service provider has prior experience working with
county or regional mental health programs.  
   This bill would require a service provider to also demonstrate an
existing relationship with a supportive housing provider. The bill
would specify that a program participant is not required to receive
other services for mentally ill parolees as a condition of
eligibility to receive rental assistance through the program. The
bill would require a service provider to offer rental subsidies that
are equal to or greater than fair market rent, as defined. The bill
would also prohibit the department or a service provider from
limiting the duration that a program participant may receive rental
assistance through the program, except by the length of the person's
parole.  
   (2) Existing law requires a service provider to identify and
locate supportive housing opportunities prior to a program
participant's release from state prison or as quickly upon release
from state prison as possible, or as quickly as possible when a
program participant is identified during parole. Existing law
requires a service provider to report specified information to the
department, including the number of program participants served and
the outcomes for program participants, including the number of
participants who returned to state prison.  
   This bill would require a service provider to identify and locate
supportive housing opportunities no later than 9 months after the
program participant has agreed to participate in the program. The
bill would require that the housing located provide the program
participant with a lease where he or she has all of the rights and
responsibilities of tenancy. The bill would require a service
provider to use a portion of the program payments received to provide
interim housing, as defined. The bill would also require a service
provider to report to the department the percentage of program
participants currently living in permanent housing and the number who
are arrested and residing in county jail. The bill would also make
technical, nonsubstantive, and clarifying changes.  
    Existing law requires the Secretary of the Department of
Corrections and Rehabilitation to establish the Case Management
Reentry Pilot Program for specified offenders, primarily eligible
parolees, who are likely to benefit from a case management reentry
strategy that is designed to address, among other things,
homelessness and mental disorders.  
   This bill would state the intent of the Legislature to enact
legislation that would expand mentally ill parolees' access to
supportive housing. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) The Legislature passed, and the Governor signed, Senate Bill
1021 in 2012, which included direction to the Department of
Corrections and Rehabilitation to create the Supportive Housing
Program for Mentally Ill Parolees, pursuant to Section 3073 of the
Penal Code. The program was intended to use funds budgeted for the
Integrated Services for Mentally-Ill Parolees (ISMIP) program to
serve the purposes outlined in Senate Bill 1021.  
   (b) Since 2012, the budget has not referred to the program by name
and funds have not been used for their legislatively intended
purposes.  
   (c) It is the intent of the Legislature to strengthen the ISMIP
program to ensure that the department promotes the evidence-based
wrap-around services, including rental subsidies in an amount
adequate to allow mentally ill parolees experiencing homelessness or
at risk of experiencing homelessness upon release from prison to
obtain and maintain housing stability during and after the term of
parole, thereby reducing recidivism among parolees with a history of
homelessness.  
   (d) It is the intent of the Legislature that contracts the
department enters into under the ISMIP program require contractors to
target resources to parolees experiencing homelessness or offenders
a risk of homelessness upon release. The contracts shall emphasize
housing permanency and stability over food, clothing, and drop-in or
day center services and shall require contractors to use a
substantial portion of the contracted payment to provide rental
assistance to obtain housing that is independent and integrated into
the community.  
   (e) It is the intent of the Legislature that the Department of
Corrections and Rehabilitation include the changes made in this act
into contracts renewed or entered into for the ISMIP program on and
after January 1, 2017. 
   SEC. 2.    Section 2985 of the   Penal Code
  is amended to read: 
   2985.  It is the intent of the Legislature in enacting this
article to provide evidence-based, comprehensive mental health and
supportive services, including housing subsidies, to parolees who
suffer from mental illness and are  either homeless or  at
risk of homelessness, in order to successfully reintegrate the
parolees into the community, increase public safety, and reduce state
costs of recidivism. It is further the intent of the Legislature to
supplement existing parole outpatient clinic services by providing
services to individuals who suffer from a severe mental illness, as
defined in Section 5600.3 of the Welfare and Institutions Code, and
who require services that cannot be provided by parole outpatient
clinics, including services provided pursuant to Section 5806 of the
Welfare and Institutions Code.
   SEC. 3.    Section 2985.1 of the   Penal
Code   is amended to read:
   2985.1.  For purposes of this article, the following definitions
shall apply: 
   (a) "Bridge rental assistance" means rental assistance paid to
participating landlords while the service provider and program
participant seek permanent rental assistance that allows the program
participant to remain in the same housing or, when feasible, allows
the program participant to incur the full responsibility of paying
rent through employment or benefits entitlement once parole ends.
 
   (a) 
    (b)  "Department" means the Department of Corrections
and Rehabilitation. 
   (c) "Fair market rent" means the rent, including the cost of
utilities other than telephone, as established by the federal
Department of Housing and Urban Development, for units of varying
sizes, as determined by the number of bedrooms, that must be paid in
the market area to rent privately owned, existing, decent, safe, and
sanitary rental housing of a modest nature with suitable amenities.
 
   (d) "Homelessness" has the same meaning as in Part 91 of Title 24
of the Code of Federal Regulations.  
   (e) "Integrated Services for Mentally Ill Parolees program" or
"ISMIP program" means the program of supportive services and housing
support provided by this article.  
   (f) "Interim housing" means a temporary residence in which a
program participant resides, for a period not to exceed nine months,
while waiting to move into permanent housing. "Interim housing" may
include housing that is paid for using motel vouchers or housing in
which a program participant resides for the purpose of receiving
recuperative care.  
   (g) "Likely to become homeless upon release" or "at risk of
homelessness" means the individual has a history of homelessness and
he or he satisfies both of the following criteria:  
   (1) The individual has not identified a fixed, regular, and
adequate nighttime residence for release.  
   (2) The individual's only identified nighttime residence for
release includes a supervised, publicly or privately operated shelter
designed to provide temporary living accommodations, or a public or
private place not designed for, or not ordinarily used as, regular
sleeping accommodations for human beings.  
   (b) 
    (h)  "Supportive housing" has the same meaning set forth
in subdivision (b) of Section 50675.14 of the Health and Safety
Code, and that, in addition, is decent, safe, and affordable.

   (c) "Transitional housing" has the same meaning set forth in
subdivision (h) of Section 50675.2 of the Health and Safety Code, and
that, in addition, is decent, safe, and affordable. 
   SEC. 4.    Section 2985.2 of the   Penal
Code   is amended to read: 
   2985.2.  (a) Pursuant to Section 3073, the  Department of
Corrections and Rehabilitation   department  shall
provide a supportive housing program that provides wraparound
services to mentally ill parolees who are  either homeless or
 at risk of homelessness using funding appropriated by the
Legislature for  that purpose.   the ISMIP
program. 
   (b)  Providers   A service provider 
participating in this program shall comply with all of the following:

   (1) Provide services and treatment based on best practices.
   (2) Demonstrate that the program reduces recidivism and
homelessness among program participants.
   (3)  Have prior experience working with county or regional mental
health programs. 
   (4) Demonstrate existing relationships with a supportive housing
provider. 
   (c) (1) An inmate or parolee is eligible  for
participation   to participate  in this program if
all of the following  are applicable:   apply:

   (A) He or she has a serious mental disorder as defined in Section
5600.3 of the Welfare and Institutions Code and as identified by the
department, and he or she has a history of mental health treatment in
the prison's mental health services delivery system or in a parole
outpatient clinic.
   (B) The inmate or parolee voluntarily chooses to participate.
   (C) Either of the following applies:
   (i) He or she has been assigned a date of release within 60 to 180
days and is likely to become homeless upon release.
   (ii) He or she is currently a homeless parolee.
   (2) First priority for the program shall be given to the lowest
functioning offenders in prison, as identified by the department, who
are likely to become homeless upon release. 
   (3) For purposes of this subdivision, a person is "likely to
become homeless upon release" if he or she has a history of
"homelessness" as that term is used in Section 11302(a) of Title 42
of the United States Code and if he or she satisfies both of the
following criteria:  
   (A) He or she has not identified a fixed, regular, and adequate
nighttime residence for release.  
   (B) His or her only identified nighttime residence for release
includes a supervised publicly or privately operated shelter designed
to provide temporary living accommodations, or a public or private
place not designed for, or is not ordinarily used as, a regular
sleeping accommodation for human beings.  
   (d) A parolee is not required to receive other ISMIP services as a
condition of eligibility to receive rental assistance pursuant to
this article. 
   SEC. 5.    Section 2985.3 of the   Penal
Code   is amended to read: 
   2985.3.  (a)  Each   A service  provider
shall offer services, in accordance with Section 5806 of the Welfare
and Institutions Code, to obtain and maintain health and housing
stability while  participants are   the program
participant is  on parole, to enable the  parolee
  program participant  to comply with the terms of
parole, and to augment mental health  treatment 
 services  provided to  other parolees. 
 the program participant.  The services shall be offered to
 participants in their   a program participant
in his or her  home, or  shall  be made as easily
accessible to  participants   the program
participant  as possible and shall include, but are not limited
to, all of the following:
   (1) Case management services.
   (2) Parole discharge planning.
   (3) Housing location services, and, if needed, move-in cost
assistance.
   (4) Rental  subsidies.   subsidies that are
equal to or greater than fair market rent. 
   (5) Linkage to other services, such as vocational, educational,
and employment services, as needed.
   (6) Benefit entitlement application and appeal assistance.
   (7) Transportation assistance to obtain services and health care
needed.
   (8) Assistance obtaining appropriate identification.
   (b) For  participants   a program participant
 identified prior to release from state prison, upon the 
service  provider's receipt of referral  and, 
 and  in collaboration with the parole agent and, if
appropriate, staff, the intake coordinator or case manager of the
 service  provider shall, when possible:
   (1) Receive all prerelease assessments and discharge plans.
   (2) Draft a plan for the  program  participant's
transition into housing that serves the  program 
participant's needs and  is affordable, such as permanent
supportive housing, or a transitional housing program that includes
support services and demonstrates a clear transition pathway to
permanent housing.   that demonstrates a clear
transition pathway to permanent, independent, and affordable housing.
Housing options shall include permanent supportive housing and
interim housing, as necessary, while the program participant awaits
placement into supportive housing. 
   (3) Engage the  program  participant to actively
participate in services upon release.
   (4) Assist in obtaining identification for the  program 
participant, if necessary.
   (5) Assist in applying for any benefits for which the  program
 participant is eligible.
   (c) (1) To facilitate the transition of  participants
  a program participant  identified prior to
release into the community and  participants   a
program participant  identified during parole into supportive
housing,  each   a service  provider shall,
on an ongoing basis,  but  not less than quarterly, assess
each  program  participant's needs and include in each 
program  participant's assessment a plan to foster independence
and  a   continued  residence in  the
same  permanent housing  once   when his or
her  parole is complete.
   (2) Upon referral to the  service  provider, the 
service  provider shall work to transition  participants
  a program participant  from the department's
rental assistance to other mainstream rental assistance benefits if
those benefits are necessary to enable the  program 
participant to remain in stable housing, and shall prioritize
transitioning  participants   the program
participant  to these benefits in a manner that allows 
participants   the program participant  to remain
housed, when possible, without moving. Mainstream rental assistance
benefits may include, but are not limited to, federal Housing Choice
Voucher assistance, Department of Housing and Urban
Development-Veterans Affairs Supportive Housing vouchers, or other
rental assistance programs.
   (3) The  program  participant's parole discharge plan and
the assessments shall consider the need  for  
for,  and prioritize linkage  to  to, 
county mental health services and housing opportunities that are
supported by the Mental Health Services Act, the Mental Health
Services Act Housing Program, or other funding sources that finance
permanent supportive housing for persons with mental illness, so that
the  program  participant may continue to achieve all
recovery goals of the program and remain permanently housed 
once the term of parole ends.   when his or her parole
is complete.  
   (4) The department and service providers shall not limit the
bridge rental assistance made available to the program participant,
except to the term of the program participant's parole. The program
participant shall be allowed to remain in the same housing after the
bridge rental assistance ends, so long as he or she complies with the
terms of the lease. 
   SEC. 6.    Section 2985.4 of the   Penal
Code   is amended to read: 
   2985.4.  (a)  Providers   A service provider
 shall identify and locate supportive housing  and
transitional housing  opportunities for 
participants   a program participant  prior to 
his or her  release from state prison or as quickly upon 
his or her  release from state prison as possible, or as quickly
as possible  when participants are   after the
program participant is  identified during  parole.
  parole, but in no case later than nine months after
the program participant agrees to participate in the ISMIP program.

   (b) Housing identified pursuant to subdivision (a) shall satisfy
 both   all  of the following:
   (1) The housing is located in an apartment building, single-room
occupancy buildings, townhouses, or single-family homes, including
rent-subsidized apartments leased in the open market or set aside
within privately owned buildings.
   (2) The housing is not subject to community care licensing
requirements or is exempt from licensing under Section 1504.5 of the
Health and Safety Code. 
   (3) A program participant living in supportive housing shall have
a lease and be subject to the rights and responsibilities of tenancy.
 
   (c) A service provider shall use a portion of the ISMIP payments
received from the department to identify and offer the program
participant interim housing while the program participant is waiting
to obtain appropriate permanent rental housing and to complete
documentation and paperwork needed to move the program participant
into the rental housing.  
   (d) If a service provider operates in a county that utilizes
homeless coordinated assessment and entry systems, the service
provider shall offer ISMIP program payments and housing assistance to
parolees who qualify for the ISMIP program through those systems.
 
   (e) A service provider may use ISMIP program payments to support a
housing specialist position to work with lessors, affordable and
for-profit housing developers, public housing authorities, and other
housing providers to identify and secure affordable rental housing
for program participants. 
   SEC. 7.    Section 2985.5 of the   Penal
Code   is amended to read: 
   2985.5.  (a)  Each   A service  provider
shall report to the department regarding the intended outcomes of
the program, including all of the following:
   (1) The number of  program  participants served.
   (2) The types of services that were provided to program
participants.
   (3) The outcomes for  program  participants, including
the number who  graduated to independent living, 
 are living independently,  the number who remain in or
moved to permanent housing, the number who ceased to participate in
the program,  and  the number who returned to state
 prison.   prison, and the number who were
arrested and are residing in county jail. 
   (4) The number of  program  participants who successfully
completed parole and transitioned to county mental health programs.

   (5) The percentage of program participants currently living in
permanent housing. 
   (b) The department shall prepare an analysis of the costs of the
supportive housing program in comparison to the cost savings to the
state as a result of reduced recidivism rates by  program 
participants using the information provided pursuant to subdivision
(a). This analysis shall exclude from consideration any federal funds
provided for services while the  program  participant is on
parole in order to ensure that the analysis accurately reflects only
the costs to the state for the services provided to  program
 participants.
   (c) The department shall annually submit, on or before February 1,
the information collected pursuant to subdivision (a) and the
analysis prepared pursuant to subdivision (b) to the chairs of the
Joint Legislative Budget Committee, the Senate Committee on Budget
and Fiscal Review, the Assembly Committee on Budget, the Senate and
Assembly Committees on Public Safety, the Senate Committee on
Transportation and Housing, and the Assembly Committee on Housing and
Community Development. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would expand mentally ill parolees' access
to supportive housing.