Bill Text: CA SB151 | 2009-2010 | Regular Session | Introduced
Bill Title: Reentry courts: pilot program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB151 Detail]
Download: California-2009-SB151-Introduced.html
BILL NUMBER: SB 151 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Ducheny
FEBRUARY 12, 2009
An act to add and repeal Part 4.7 (commencing with Section 14700)
of the Penal Code, relating to reentry.
LEGISLATIVE COUNSEL'S DIGEST
SB 151, as introduced, Ducheny. Reentry courts: pilot program.
Existing law requires the Department of Corrections and
Rehabilitation to establish certain pilot programs to assist parolees
in the successful reintegration of those parolees into the
community.
This bill would require, until January 1, 2015, the Judicial
Council to establish a pilot program for the operation of up to 10
court-based reentry programs for parolees who would benefit from
community drug treatment or mental health treatment. The program
would include key components used by drug and collaborative courts
using a highly structured model, including close supervision and
monitoring by a judicial officer, dedicated calendars, nonadversarial
proceedings, frequent drug and alcohol testing, and close
collaboration between the respective entities involved to improve
offender outcomes. The bill would require the Judicial Council, in
collaboration with the Department of Corrections and Rehabilitation,
to evaluate the program and report its findings to the Legislature
and the Governor, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 4.7 (commencing with Section 14700) is added to
the Penal Code, to read:
PART 4.7. REENTRY COURT PILOT PROJECT
14700. (a) The Judicial Council shall establish a pilot program
for the operation of up to 10 court-based reentry programs for
parolees who would benefit from community drug treatment or mental
health treatment. The purpose of the program is to promote public
safety, hold parolees accountable, and reduce recidivism. The program
shall include key components of drug and collaborative courts using
a highly structured model, including close supervision and monitoring
by a judicial officer, dedicated calendars, nonadversarial
proceedings, frequent drug and alcohol testing, and close
collaboration between the respective entities involved to improve
offender outcomes.
(b) As used in this section, the following terms apply:
(1) "Department" means the Department of Corrections and
Rehabilitation.
(2) "Parole authority" means the Board of Parole Hearings.
(3) "Program" means the pilot program for reentry courts for
parolees with drug addiction or mental health disorders.
(c) (1) A parolee who is deemed eligible by the department to
participate in this program, and who would otherwise be referred to
the parole authority for a parole violation, shall be referred by his
or her parole officer for participation in the program in lieu of
parole revocation proceedings. The court shall have the discretion to
determine if the parolee will be admitted into the program and, in
making this determination, shall consider, among other factors,
whether the parolee will benefit from the program, the risk the
parolee poses to the community, and the history and nature of the
committing offense.
(2) If the court determines that the parolee will be admitted into
the program, the court shall be responsible for overseeing all
conditions of parole supervision and shall have final and exclusive
authority to determine the appropriate conditions of parole, order
rehabilitation and treatment services to be provided, determine
appropriate incentives, order appropriate sanctions, lift parole
holds, and to hear and determine appropriate responses to alleged
violations.
(d) (1) The Judicial Council shall develop a process for site
selection of up to 10 reentry courts. Applications from trial courts
shall be submitted to the Judicial Council and shall include the
court's proposed reentry program plan, a proposed budget of
reimbursable costs, and any program assurances required by the
Judicial Council.
(2) A reentry court program plan shall include, but not be limited
to, all of the following:
(A) The anticipated number of parolees who will be served by the
program.
(B) The method by which each parolee eligible for the program
shall be referred to the program.
(C) The method by which each parolee is to be individually
assessed as to his or her treatment and rehabilitative needs and the
level of community and court monitoring required through the program.
(D) The criteria for continued participation in, and successful
completion of, the program, as well as the criteria for termination
from the program and return to the parole revocation process.
(E) A description of how the program shall be administered
effectively.
(F) An established method by which to report outcome measures for
program participants.
(G) The development of a program team, as well as a plan for
ongoing training in utilizing the drug court and collaborative court
nonadversarial model.
(3) In making final selections for the reentry courts authorized
by this section, the Judicial Council shall include, but not be
limited to, consideration of which proposed reentry courts would
impact the highest number of parolees, the effectiveness of the
reentry courts in different geographical settings, such as an urban
versus a rural setting, and the use of regional programs serving
multiple counties.
(e) Each reentry court established pursuant to this section may
have, but shall not be limited to, the following characteristics:
(1) An assigned judicial officer.
(2) Close coordination between the judicial officer, department,
counsel, community treatment and rehabilitation programs
participating in the program, and adherence to a team approach in
working with parolees.
(3) Responsibility for overseeing all conditions of parole
supervision.
(f) The Judicial Council, in collaboration with the department,
shall design and perform an evaluation of the program that will
assess its effectiveness in reducing recidivism among parolees and
reducing parole revocations.
(g) The Judicial Council, in collaboration with the department,
shall submit a preliminary report on the program plan to the
Legislature and the Governor on or before March 1, 2010. The Judicial
Council, in collaboration with the department, shall submit a final
report of the findings from its evaluation of the program to the
Legislature and the Governor on or before December 31, 2013.
14701. This part shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
