Today's Law As Amended

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AB-180 Institutional and community corrections: Smart Justice Student Program.(2019-2020)



SECTION 1.
 The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature to strengthen partnerships between California’s public postsecondary institutions, the state prison, private and philanthropic organizations, and service providers to serve individuals who are pursuing postsecondary education and are currently incarcerated, exiting incarceration, or on community supervision.
(b) Partnerships between academic institutions, service providers, community supervision agencies, and correctional facilities serve as an effective tool for improving outcomes for individuals who have been involved in the justice system. Research shows that the selection and design of programs that serve these individuals should be done with care in order to ensure successful outcomes. Among other criteria, selected projects should meet the following requirements:
(1) Address social needs that are unmet, high priority, and large-scale.
(2) Address target populations that are well-defined and can be measured with scientific rigor.
(3) Result in outcomes that are credible and readily available by cost-effective means.
(4) Propose interventions that are highly likely to achieve targeted impact goals.
(5) Be carried out by proven service providers that are prepared to scale with quality.
(6) Include safeguards to protect the well-being of the populations served.
(7) Be cost-effective programs that can demonstrate financial savings for government.

SEC. 2.

 The heading of Title 15.8 (commencing with Section 97008) of the Government Code is amended to read:

TITLE 15.8. Smart Justice Student Program

SEC. 3.

 Section 97008 of the Government Code is amended to read:

97008.
 For purposes of this title, the following definitions apply:
(a) “Board” means the Board of State and Community Corrections.
(b) “Justice-involved” means currently incarcerated in the state prison, formerly incarcerated in a county, state, or federal correctional institution, or currently on supervised probation, parole, post-release community supervision, or mandatory supervision in the state.
(b) (c)  “Social innovation financing contract,” which may also be known and referred to as a “pay for success contract,” refers to a contractual agreement between government, private investors, and service providers pursuant to which private investors agree to provide financing to service providers to achieve social outcomes agreed upon in advance and the government agency agrees to pay a return on the investment to the investors if successful programmatic outcomes are achieved by the service provider. “Postsecondary education” means career technical education, vocational training, college coursework leading to an associate or bachelors degree, and any other educational program that is delivered to an individual who has already obtained a high school diploma or general equivalency degree. 

SEC. 4.

 Section 97009 of the Government Code is amended to read:

97009.

(a)It is the intent of the Legislature that as part of the package to reduce recidivism in California, the concept of “pay for success” or social innovation financing should be included to take advantage of available philanthropic and private investment.

(b)

97009.
 (a) It is the intent of the Legislature that as part of the package to reduce recidivism in California, the concept of “pay for success” or social innovation financing should be included to take advantage of available philanthropic and private investment.
(b) (a)  The Legislature hereby declares that a variety of approaches have been shown to be successful in reducing recidivism, including addressing homelessness, substance use disorder and unemployment among specific demographic groups. the availability of high-quality postsecondary programs in prison and in the community. 
(b) Any activities funded pursuant to this title shall not replace any existing duties performed by state-funded personnel.

SEC. 5.

 Section 97010 of the Government Code is amended to read:

97010.
 (a) There is hereby established the Social Innovation Financing Smart Justice Student  Program.
(b) The board shall administer the Social Innovation Financing Smart Justice Student  Program.
(c) (1) The board shall solicit proposals for social innovation financing from county boards of supervisors and shall select three counties to receive grant funding. postsecondary education programs provided by any campus of the University of California, the California State University, or the California Community Colleges to receive funding for providing direct service to justice-involved students, using partnerships with relevant entities. The institutions may subcontract with service providers to meet the nonacademic needs of these students. 
(2) Before awarding a grant pursuant to paragraph (1), the board shall evaluate the quality of the proposal for which the grant is to be awarded.
(3) At a minimum, each application for a grant shall include all of the following:
(A) A description of the proposed social  program.
(B) A description of the organization’s experience in providing the proposed social  program.
(C) A description of the financial stability of the organization.
(D) An identification of each component of the social  program to be provided.
(E) A description of the manner in which the social  program will be provided.
(F) A description of the recruitment or selection process, or both, for participants in the social  program.
(G) The proposed quantifiable results and performance thresholds upon which success of the social  program will be measured.
(H) An itemization of all expenses proposed to be reimbursed under the contract.
(I) The amount of matching funds provided by the county. academic institution or private or philanthropic partner providing funding. 
(J) A description of how the final payments for successful programmatic outcomes will be calculated and structured in the contract.
(K) (J)  A description of all parties to the proposed contract, including prospective investors and philanthropic foundations.

SEC. 6.

 Section 97011 of the Government Code is amended to read:

97011.
 (a) Upon appropriation of funds by the Legislature for deposit in the Recidivism Reduction Fund for the purposes of this title, the board shall award a grant in an amount of not less than five one  hundred twenty-five  thousand dollars ($500,000) ($125,000)  and not more than two million dollars ($2,000,000) five hundred thousand dollars ($500,000)  to each county  academic institution  selected pursuant to Section 97010 for the purposes of entering into a pay for success or social innovation financing contract.  serving justice-involved students.  The total amount of the grants awarded pursuant to this section shall not exceed five million dollars ($5,000,000).  twenty-five million dollars ($25,000,000). For purposes of this section, each campus of the University of California, the California State University, or a community college district is a separate academic institution.  Any unused state moneys shall revert to the General Fund.
(b) Each county  contract described in subdivision (a) shall include all both  of the following:
(1) A requirement that the payment be conditioned on the achievement of specific outcomes based upon defined performance targets. each grant recipient provide matching funds of at least 50 percent of the amount awarded to fund its program. Matching funds may come from the grant recipient’s annual budget or from gifts by private or philanthropic entities. 
(2) An objective process by which an independent evaluator, selected by the county, will determine whether the performance targets have been achieved.  grantee, will evaluate program outcomes.  This process shall include defined performance metrics and a monitoring plan.
(3) A calculation of the amount and timing of payments that would be earned by the service provider during each year of the agreement if performance targets are achieved as determined by the independent evaluator.
(4) A determination by the county that the contract will result in significant performance improvements, such as a reduction in rearrests or an increase in the number of jail days avoided, and budgetary savings if the performance targets are achieved.
(5) A requirement that an amount equal to a minimum of 100 percent of the Social Innovation Financing Program grant awarded to the county be matched by other county, federal, private, or philanthropic, funds. The board may adopt regulations allowing in-kind contributions in lieu of monetary contributions for this purpose.
(c) Up to 10 percent of the grant funds awarded pursuant to this title may be used by the counties  grant recipient  for administrative expenses related to the development of the pay for success or social innovation financing contract.  procuring matching funds.  The remainder of the grant shall be contributed toward final payments to investors for successful programmatic outcomes achieved, as stipulated in the contract. used for the delivery of services to students. 
(d) If, after receiving a grant pursuant to this title, a county does not enter into a contract for which the grant was awarded, the county shall return all moneys awarded by the board pursuant to this title, to the state.

SEC. 7.

 Section 97012 of the Government Code is amended to read:

97012.
 The board is encouraged to  shall  form an executive steering committee with members from relevant state agencies and departments with expertise in public health, homelessness and housing, workforce development, economic development, and effective rehabilitative treatment for adult and juvenile offenders in the evaluation of the social innovation financing program, including, but not limited to, the Governor’s Office of Business and Economic Development, the Department of Housing and Community Development,  the Office of the President of the University of California, the Office of the Chancellor of the California State University, the California Community Colleges Chancellor’s Office,  the California Workforce Investment Board, and the Office of Health Equity,  Development Board, a formerly incarcerated college student or a formerly incarcerated college graduate who represents the nonprofit sector, and, if feasible, a representative from the Governor’s office,  to make recommendations to the board regarding the efficacy and viability of proposals.

SEC. 8.

 Section 97013 of the Government Code is amended to read:

97013.
 (a) Each county grantee  receiving an award shall report annually to the board on the status of its ongoing social innovation financing program.  program implementation.  The report shall also contain an accounting of the moneys awarded.
(b) The board shall compile the county  reports and submit a summary report to the Governor and Legislature annually.
(c) A report made pursuant to this section shall be made in accordance with the requirements of Section 9795.
(d)  This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.

SEC. 9.

 Section 97015 of the Government Code is amended to read:

97015.
  This title shall remain in effect only until January 1, 2022, 2025,  and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. repealed.