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AB-1688 Rehabilitation programs: recidivism.(2019-2020)

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Date Published: 09/17/2019 04:00 AM
AB1688:v94#DOCUMENT

Enrolled  September 16, 2019
Passed  IN  Senate  September 09, 2019
Passed  IN  Assembly  September 10, 2019
Amended  IN  Senate  August 30, 2019
Amended  IN  Senate  July 11, 2019
Amended  IN  Senate  June 20, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1688


Introduced by Assembly Members Calderon and Jones-Sawyer

February 22, 2019


An act to add Section 2062.5 to the Penal Code, relating to recidivism.


LEGISLATIVE COUNSEL'S DIGEST


AB 1688, Calderon. Rehabilitation programs: recidivism.
Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison system. Existing law establishes various rehabilitation programs for inmates in the state prison, including literacy, education, and vocational training programs. Existing law requires the California Rehabilitation Oversight Board to regularly examine these programs and to annually report to the Governor and the Legislature on specified findings, including the effectiveness of treatment efforts and recommendations with respect to rehabilitation and treatment programs.
This bill would, in response to the State Auditor’s recommendations as contained in the 2019 report titled “Several Poor Administrative Practices Have Hindered Reductions in Recidivism and Denied Inmates Access to In‑Prison Rehabilitation Programs,” require the department to contract with an external researcher to analyze the effectiveness of its rehabilitation programs, as provided, and to submit a report to the Legislature by July 1, 2024. The bill would require the report to contain specified information, including a recidivism analysis that includes the number of sanctions or other adverse actions taken against rehabilitation program vendors in the previous calendar year and data on inmates receiving rehabilitation programs in their areas of expressed need, as well as performance targets, a corrective action plan, and the identification of programs that should be modified or eliminated based on their effectiveness. The bill would, if the external research is unable to provide recidivism analysis on specified data elements, require the department to, independently or by separate contract, provide data or analysis on those elements in a separate report, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2062.5 is added to the Penal Code, to read:

2062.5.
 (a) It is the intent of the Legislature that the Department of Corrections and Rehabilitation and the California Rehabilitation Oversight Board within the Office of the Inspector General provide information to the Legislature to allow it to better assess the performance of the department in establishing all of the following:
(1) Rehabilitative program performance targets, including an analysis of the cost-effectiveness of those programs and an analysis of the programs’ success at reducing recidivism.
(2) Systems to ensure that rehabilitative programs provide a significant benefit to program participants, and that those benefits are commensurate with the Legislature’s investment in rehabilitative programs.
(3) Processes to ensure that inmates who are most in need of rehabilitative programs do in fact receive access to those programs.
(b) In response to the State Auditor’s recommendations contained in the 2019 report titled “Several Poor Administrative Practices Have Hindered Reductions in Recidivism and Denied Inmates Access to In-Prison Rehabilitation Programs,” the department shall contract with an external researcher pursuant to subdivision (c) to analyze the effectiveness of its rehabilitation programs. Upon completion of the report specified in subdivision (c), the department shall submit the report to the Joint Legislative Budget Committee and to the public safety committees of both houses of the Legislature by July 1, 2024.
(c) In order to analyze the effectiveness of the department’s programs, the department shall do all of the following:
(1) (A) By December 1, 2020, draft a scope of work, select and contract with an external researcher to conduct a recidivism analysis of the effectiveness of rehabilitation programs, define the data elements for purposes of the analysis, and create performance targets. The external researcher shall be a nonprofit, nonpartisan organization or research institute that regularly performs independent and objective research and publishes those findings and utilizes widely accepted and valid research methods.
(B) The data elements of the recidivism analysis shall include, but are not limited to, all of the following:
(i) Data on rehabilitation program success, including participant testimony, as discussed in the University of California, Irvine, study on the department’s rehabilitation programs entitled, “CPAP Assessment of CDCR Recidivism-Reduction Programs.”
(ii) The percentage of inmates that were recommended for rehabilitation programs who actually received the rehabilitation services.
(iii) Data on the placement of inmates on rehabilitation program waiting lists after they have been identified as candidates for rehabilitation programs.
(iv) Data on staffing levels for rehabilitation programs and a description of current efforts to reach full staffing.
(v) The number of sanctions or other adverse actions taken against rehabilitation program vendors in the previous calendar year.
(vi) Data on the Prison Industry Authority program participation and a description of efforts to increase participation.
(vii) Data on infrastructure capacity for rehabilitation programs and additional space needed, if any.
(viii) Data on federal recidivism funds applied for by the department in the prior calendar year.
(ix) Data on rehabilitation program completion rates.
(x) Data on inmates receiving rehabilitation programs in their areas of expressed need.
(xi) Data on the success of volunteer programs in rehabilitation and preventing recidivism.
(C) If the external contracted researcher is unable to provide recidivism analysis on one or more of the data elements identified under subparagraph (B), the department shall, independently or by separate contract, provide data or analysis on the outstanding elements in a separate report and, if unsuccessful, document the reasons why it was unable to identify and contract with the external researcher or gather the information independently for analysis of the missing data elements and include this documentation in the interim report pursuant to subparagraph (B) of paragraph (2) and the final report pursuant to paragraph (3).
(D) Contracts awarded pursuant to this section are exempt from the Public Contract Code and the State Administrative Manual, and are not subject to approval by the Department of General Services.
(2) During the 2021 to 2023, inclusive, calendar years:
(A) Ensure that the selected external researcher conducts and completes a recidivism analysis pursuant to the scope of work.
(B) Prepare an interim report on the recidivism analysis, performance targets identified in paragraph (1), data elements specified in subparagraph (B) of paragraph (1), and proposed corrective action plan, and submit the interim report to the entities specified in subdivision (b) by December 1, 2022.
(3) During the 2024 calendar year:
(A) Prepare a comprehensive report on the recidivism analysis, data elements, performance targets, and corrective action plan, and deliver the report to the entities listed in subdivision (b) no later than July 1, 2024.
(B) The report shall, based on the results of the recidivism analysis, include new performance targets and policies, and, to the extent appropriate, identify rehabilitation programs that should be modified or eliminated based on their effectiveness.
(d) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2025, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(e) In addition to the entities listed in subdivision (b), the department shall provide a copy of the report to the California Rehabilitation Oversight Board and present a summary of the report during the board’s next public meeting. The board shall review and discuss the department’s report and consider the information provided in the department’s report when making findings and recommendations pursuant to Section 6141.