Bill Text: CA SB950 | 2023-2024 | Regular Session | Amended
Bill Title: Reentry from incarceration: programs and benefits.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-05-10 - Set for hearing May 16. [SB950 Detail]
Download: California-2023-SB950-Amended.html
|
Amended
IN
Senate
March 13, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 950
| Introduced by Senator Skinner (Principal coauthor: Senator Umberg) (Coauthors: Senators Durazo, McGuire, Roth, Rubio, and Wiener) |
January 18, 2024 |
An act to amend Section 1202a of the Penal Code, relating to criminal procedure. add Sections 5067 and 6258.5 to, and to add and repeal Section 6028.15 of, the Penal Code, relating to reentry.
LEGISLATIVE COUNSEL'S DIGEST
SB 950, as amended, Skinner.
Criminal procedure: judgment and sentencing. Reentry from incarceration: programs and benefits.
Existing federal law establishes various disability benefits programs, including the Supplemental Security Income (SSI) program, under which cash assistance is provided to qualified low-income aged, blind, and disabled persons. Existing federal law requires the federal Commissioner of Social Security to develop a system under which an individual can apply for SSI benefits prior to the discharge or release of the individual from a public institution.
Existing law also provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
This bill would require the Secretary of the Department of Corrections and Rehabilitation (CDCR) to establish and maintain a statewide memoranda of understanding with the federal Social Security Administration to allow a person incarcerated in a correctional institution to apply for and receive a replacement social security card and to allow the administration to process SSI claims under the prerelease program.
Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, as specified. Under existing law, the board administers several grant programs, including a mentally ill offender crime reduction grant program, a medication-assisted treatment grant program, and a violence intervention and prevention grant program. Existing
law authorizes CDCR to contract for the establishment and operation of community correctional reentry centers to provide an enhancement program to increase the likelihood of a successful parole and to assist inmates with educational and employment training, among other objectives.
This bill would require the board to work in collaboration with drug and alcohol recovery experts and reentry advocates, among others, to develop recommendations for expanding existing grant programs to better serve people with special needs with permanent supportive housing options. The bill would require CDCR to work with the California Department of Aging, among others, to develop a report exploring alternatives to incarceration for individuals who are advanced in age or disabled and who would otherwise qualify for a community correctional reentry center. The bill would also require CDCR to convene a working group of certain vendors holding community-based reentry contracts to develop a
plan for establishing statewide in-reach efforts available under specified Medi-Cal programs. The bill would require the board and CDCR to make these recommendations and reports to the Legislature on or before March 31, 2025.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law generally prohibits a resident of a correctional institution from receiving supplemental nutrition assistance benefits. Existing law requires the State Department of Social Services, if the department deems it necessary to maximize CalFresh enrollment outcomes or employment placement success rates for individuals reentering the community from the state prison or a county jail, to request from the United States Department of Agriculture’s
Food and Nutrition Service a waiver of that prohibition to allow for preenrollment of applicants prior to their release.
This bill would require CDCR to ensure that all eligible residents of a community correctional reentry center are enrolled in the Medi-Cal program within 30 days of entry at the center and would require CDCR, in partnership with the State Department of Health Care Services, to maximize Medi-Cal benefits received by those residents, including homelessness prevention services, among others. The bill would require CDCR, in partnership with the State Department of Social Services, to maximize CalFresh benefits for residents of a community correctional reentry center, such as employment and training services for which matching federal funding is available. To the extent that the requirement that the department maximizes the pre-enrollment of eligible people into the CalFresh Program prior to their discharge from a state prison or a county jail results
in an increase in enrollments, the bill would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires, if an individual is sentenced to imprisonment in the state prison, the judgment to direct that the defendant be delivered into the custody of the Director of Corrections at the state prison or institution designated by the director as the place for the reception of persons convicted of felonies, except as specified.
This bill would make technical, nonsubstantive changes to that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to improve the public health of communities receiving people reentering the community from jail or prison, the likelihood of drug and alcohol addiction recovery, and overall success of people reentering their communities.SEC. 2.
Section 5067 is added to the Penal Code, to read:5067.
(a) The Secretary of the Department of Corrections and Rehabilitation shall establish and maintain both of the following memoranda of understanding with the federal Social Security Administration:(1) A statewide memorandum of understanding that would allow a person incarcerated in a correctional facility subject to this code to apply for and receive a replacement social security card. The memorandum shall also be required to comply with the Privacy Act of 1974, as amended (5 U.S.C. Sec. 552a), Section 1106 of the federal Social Security Act (42 U.S.C. Sec. 1306), and the federal Social Security Administration’s disclosure regulations and guidance promulgated thereunder.
(2) A
statewide memorandum of understanding that would allow the federal Social Security Administration to process Supplemental Security Income claims under the prerelease program established by Section 1631(m) of the federal Social Security Act (42 U.S.C. Sec. 1383(m)) and the regulations promulgated thereunder.
(b) A memorandum of understanding established pursuant to subdivision (a) shall not supplant any prior related agreement a correctional facility has entered into with the federal Social Security Administration.
SEC. 3.
Section 6028.15 is added to the Penal Code, to read:6028.15.
(a) The Board of State and Community Corrections shall work in collaboration with drug and alcohol recovery experts, reentry advocates, formerly incarcerated people, advocates for people who are advanced in age or have disabilities, providers of permanent supportive housing, and all relevant county agencies and departments, to develop recommendations for expanding existing grant programs to better serve people with special needs with permanent supportive housing options. The board shall report those recommendations to the Legislature on or before March 31, 2025.(b) The Department of Corrections and Rehabilitation shall work in collaboration with the California Department of Aging, the State Department of Social Services, probation workers
and their representatives, probation chiefs or their designee reentry advocates, advocates for people who are advanced in age or have disabilities, and providers of permanent supportive housing to develop a report exploring alternatives to incarceration for individuals who are advanced in age or disabled and who would otherwise qualify for community correctional reentry centers. This report shall include an assessment or plan for the department to develop or implement the potential creation of higher or specific modality community correctional reentry centers for individuals advanced in age or those with disabilities. The report shall include, at a minimum, the department’s plan to ensure that individuals advanced in age or who have disabilities leave with a reentry plan according to their needs. The department shall report those recommendations to the Legislature on or before March 31, 2025.
(c) The Department of Corrections and Rehabilitation
shall convene a working group of department nonprofit vendors holding community-based reentry contracts to develop a plan for establishing statewide in-reach efforts available under CalAIM. This plan shall include a determination of process to help effectuate the ability for reentry providers to engage individuals who are incarcerated during the period authorized under justice involved in-reach efforts, and include a plan on determining rates for these services. The department shall report those recommendations to the Legislature on or before March 31, 2025.
(d) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on March 31, 2029.
SEC. 4.
Section 6258.5 is added to the Penal Code, to read:6258.5.
(a) To the extent possible under federal law, guidance, and waivers, the Department of Corrections and Rehabilitation shall ensure that all eligible residents of a community correctional reentry center established pursuant to this chapter are enrolled in Medi-Cal within 30 days of entering the facility.(b) In partnership with the State Department of Health Care Services, the department shall maximize Medi-Cal benefits received by residents of and individuals being released from community correctional reentry centers, including, but not limited to, health care services, homelessness prevention services, and other services known to prevent recidivism.
(c) In partnership with the
State Department of Social Services, the department shall maximize CalFresh benefits and services that are received by residents of and individuals being released from community correctional reentry facilities, which shall include, but not be limited to, employment and training program services for which matching federal funding is available.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.If the judgment is for imprisonment in the state prison the judgment shall direct that the defendant be delivered into the custody of the Secretary of the Department of Corrections and Rehabilitation at the state prison or institution designated by the secretary as the place for the reception of persons convicted of felonies, except where the judgment is for death in which case the
defendant shall be taken to the warden of the California State Prison at San Quentin.
Unless a different place or places are so designated by the secretary, the judgment shall direct that the defendant be delivered into the custody of the secretary at the California State Prison at San Quentin. The secretary shall designate a
place or places for the reception of persons convicted of felonies by order, which order or orders shall be served by registered mail, return receipt requested, upon each judge of each superior court in the state. The
secretary may change the place or places of commitment by the issuance of a new order. Nothing contained in this section affects any provision of Section 3400.
