Today's Law As Amended

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SB-1010 Parolees: Supportive Housing Pilot Program.(2017-2018)



SECTION 1.
 The Legislature finds and declares all of the following:
(a) In the 2014–15, 2015–16, and 2016–17 fiscal years, the undisbursed balance of funds appropriated by the Legislature for the Integrated Services for Mentally Ill Parolees program, the program of supportive services and housing support provided pursuant to Article 5 (commencing with Section 2985) of Chapter 7 of Title 1 of Part 3 of the Penal Code, was $5,293,840, $5,311,403, and $2,771,818, respectively.
(b) The undisbursed balances described in subdivision (a) for the 2015–16 and 2016–17 fiscal years reverted to the General Fund.
(c) For the past few fiscal years, supportive services and housing support for mentally ill parolees have not received all of the funding that the Legislature deemed necessary and intended to provide for those purposes.

SEC. 2.

 Article 5.5 (commencing with Section 2986) is added to Chapter 7 of Title 1 of Part 3 of the Penal Code, to read:

Article  5.5. Supportive Housing Pilot Program
2986.
 For purposes of this article, the following definitions apply:
(a) “Bridge rental assistance” means rental assistance paid to participating landlords that allows the program participant to remain in the same housing after the program participant is no longer on parole.
(b) “Department” means the Department of Corrections and Rehabilitation.
(c) “Fair market rent” means the rent, including the cost of utilities, other than the telephone, as established by the United States 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 Section 91.5 of Subpart A of Part 91 of Subtitle A of Title 24 of the Code of Federal Regulations.
(e) “Services provider” means an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code and that contracts with the relevant participating county to provide services to people experiencing homelessness, funded pursuant to this article, to provide services to participants of the program.
(f) “Housing navigation” means services provided prior to release or in the community that assist program participants with all of the following:
(1) Locating housing with landlords willing to accept rental assistance from the program participants.
(2) Completing housing applications.
(3) Obtaining documentation needed to access housing.
(4) Fund move-in assistance, such as overdue rent and utility payments, security deposits, application fees, and utility payments for participants moving into permanent housing.
(g) “Integrated Services for Mentally Ill Parolees program” or “ISMIP program” means the program of supportive services and housing support provided pursuant to Article 5 (commencing with Section 2985).
(h) “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.
(i) “Likely to become homeless upon release” means an individual who has a history of homelessness and who satisfies both of the following criteria:
(1) The individual has not identified a fixed, regular, and adequate nighttime residence upon release.
(2) The individual’s only identified nighttime residence upon release includes a supervised, publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place that is not designed for, or not ordinarily used as, regular sleeping accommodations for human beings.
(j) “Supportive housing” has the same meaning set forth in subdivision (b) of Section 50675.14 of the Health and Safety Code, and, in addition, is decent, safe, and affordable.
2986.1.
 Pursuant to Section 3073, on or before January 1, 2019, the department shall create the Supportive Housing Pilot Program that shall do all of the following:
(a) Establish a process and timeline for finalizing a memorandum of understanding with one or more counties that elect to participate, in which the participating counties and the department agree to both of the following:
(1) The department shall do all of the following:
(A) Refer eligible parolees to participating counties for mental health treatment, housing navigation services, and supportive housing services.
(B) Pay for the nonfederal share of the costs of mental health treatment while the participant is on parole.
(C) Pay for bridge rental assistance and services in supportive housing during the program participant’s term of parole.
(2) Participating counties shall do both of the following:
(A) Provide community-based mental health treatment within the currently operating county Medi-Cal mental health program if ongoing treatment for the participant is medically necessary.
(B) After the participant is no longer on parole, fund rental assistance and services under the Mental Health Services Act Housing Program, if the participant qualifies for full-service partnership services, or under another source of funding that the county controls.
(b) Establish a process for awarding grants, using existing resources, to participating counties to fund a supportive housing program that provides bridge rental assistance based on rents at or above fair market rent and comprehensive, or “wraparound,” services to mentally ill parolees who are either homeless or at risk of homelessness.
(c) Produce a process for identifying and referring eligible participants to the pilot program. An inmate or parolee is eligible to participate in the pilot program established pursuant to this article if he or she is eligible for the ISMIP program or if all of the following apply:
(1) 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.
(2) The inmate or parolee voluntarily chooses to participate.
(3) Either of the following applies:
(A) He or she has been assigned a date of release within 60 to 180 days and is likely to become homeless upon release.
(B) He or she is currently a homeless parolee.
(d) Create a process for evaluating the pilot program that evaluates outcomes, costs, and recidivism to jail or prison among participants, pursuant to Section 2986.4.
2986.2.
 (a) A services provider working under a contract with participating counties shall offer evidence-based services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability to enable the program participant to comply with the terms of parole, and to ensure the participant is able to access in a timely manner mental health treatment to which he or she is entitled. The services shall be offered to a program participant in his or her home, or shall be made as easily accessible to the program participant as possible. The services shall include all of the following:
(1) Case management services.
(2) Parole discharge planning.
(3) Housing navigation services, including, if needed, move-in cost assistance.
(4) Rental 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, as needed.
(8) Assistance obtaining appropriate identification.
(b) For a program participant identified prior to release from state prison, upon the services provider’s receipt of referral and, in collaboration with the parole agent and, if appropriate, staff, the intake coordinator or case manager of the services 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 that demonstrates a clear transition pathway to 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) The program participant’s parole discharge plan and the assessments shall consider the need for and prioritize linkage 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 when his or her parole is complete.
(d) A program participant shall be allowed to remain in the same housing after the bridge rental assistance ends, as long as he or she complies with the terms of the lease.
2986.3.
 (a) Housing identified for use pursuant to this article shall satisfy the criteria described in subdivision (c) of Section 1504.5 and paragraph (2) of subdivision (b) of Section 50675.14 of the Health and Safety Code, and, in addition, the core components identified in subdivision (b) of Section 8255 of the Welfare and Institutions Code.
(b) A housing program funded pursuant to the pilot program established pursuant to this article may use funds to provide program participants with 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. The housing program may also use funds to provide move-in costs for eligible participants.
2986.4.
 (a) A participating county 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 are living independently, the number who are currently living in permanent housing, the number who have ceased to participate in the program and the reasons why they ceased participating, the number who reoffended, the number who returned to state prison, the number who were arrested while participating in the program, the number receiving mental health treatment, and the number residing in a county jail.
(4) The number of program participants who have successfully completed parole.
(b) (1) On or before June 30, 2021, the department shall seek and contract with an independent evaluator to prepare an analysis of the costs of the supportive housing program in comparison to the outcomes of participants, including reduced recidivism rates by program participants and costs avoided, 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.
(2) Based on outcomes identified in paragraph (1), the department shall determine a timeline for a recommendation to the Legislature regarding extending the program.
(c) The department shall submit 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 no later than January 1, 2023.
2986.5.
 The department shall implement the program created by this article using funding appropriated by the Legislature for the purposes described in this article.