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AB-152 Board of State and Community Corrections: recidivism.(2017-2018)

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Date Published: 01/11/2017 08:55 PM
AB152:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 152


Introduced by Assembly Member Gallagher
(Coauthor: Senator Nielsen)

January 11, 2017


An act to amend Section 6027 of the Penal Code, relating to corrections.


LEGISLATIVE COUNSEL'S DIGEST


AB 152, as introduced, Gallagher. Board of State and Community Corrections: recidivism.
Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law also requires the board, in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association, to collect and analyze data regarding local plans implementing the 2011 public safety realignment.
This bill would require the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, to collect and analyze data regarding recidivism rates of all persons who receive a felony sentence punishable by imprisonment in county jail or who are placed on postrelease community supervision. The bill would also require the board to make this data available on the board’s Internet Web site.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6027 of the Penal Code is amended to read:

6027.
 (a) It shall be the duty of the The Board of State and Community Corrections to shall collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions.
(b) Consistent with subdivision (c) of Section 6024, the board shall also:
(1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state.
(2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board.
(3) Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts:
(A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties.
(B) A county sheriff, selected after conferring with the California State Sheriffs’ Association.
(C) A chief probation officer, selected after conferring with the Chief Probation Officers of California.
(D) A district attorney, selected after conferring with the California District Attorneys Association.
(E) A public defender, selected after conferring with the California Public Defenders Association.
(F) The Secretary of the Department of Corrections and Rehabilitation.
(G) A representative from the Administrative Office of the Courts.
(H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system.
(I) A representative from a nonprofit agency providing comprehensive reentry services.
(4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts.
(5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board.
(6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates.
(7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention.
(8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk youth, and maximize the impact of state funds at the local level.
(9) Conduct evaluation studies of the programs and activities assisted by the federal acts.
(10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention.
(11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above.
(12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible.
(13) Commencing on and after July 1, 2018, the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall collect and analyze data regarding recidivism rates of all persons who receive a sentence pursuant to paragraph (2) or (5) of subdivision (h) of Section 1170 or who are placed on postrelease community supervision on or after July 1, 2018. The data shall include, as it becomes available, recidivism rates for these offenders one, two, and three years after their release in the community. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site on a quarterly basis beginning on September 1, 2019. As used in this paragraph, the term “recidivism” means the conviction for a new felony or misdemeanor offense that was committed within three years after release from custody or committed within three years of placement on supervision for a previous criminal conviction.
(c) The board may do either of the following:
(1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state.
(2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants.
(d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.