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SB-1013 Persons with convictions: Board of State and Community Corrections: California Workforce Development Board: local workforce development boards. (2019-2020)

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Date Published: 02/14/2020 09:00 PM
SB1013:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1013


Introduced by Senator Monning

February 14, 2020


An act to amend Section 6025 of the Penal Code and to amend Sections 14012 and 14202 of the Unemployment Insurance Code, relating to persons with felony convictions.


LEGISLATIVE COUNSEL'S DIGEST


SB 1013, as introduced, Monning. Persons with convictions: Board of State and Community Corrections: California Workforce Development Board: local workforce development boards.
(1) Existing law establishes the Board of State and Community Corrections as an entity independent of the Department of Corrections and Rehabilitation, and authorizes the board to carry out various powers and duties relating to providing advice and leadership on criminal justice issues. Existing law prescribes the membership of the board and the terms of those members.
This bill would add 2 seats to the board to be held by members of the public, appointed by the Governor and subject to Senate confirmation, who have been previously convicted of a felony.
(2) The federal Workforce Innovation and Opportunity Act provides for workforce investment activities, including activities in which the states may participate. Existing law establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. Existing law requires the board to be comprised of members appointed by the Governor who are responsible for, among other things, assisting the Governor in the development of the state workforce investment plan (State Plan). Existing law authorizes the board to include, among others, representatives of business who are appointed from a group of individuals nominated by state business organizations and business trade associations.
This bill would add 2 seats of the board to be held by 2 members who have previously been convicted of a felony.
(3) Existing law requires the local chief elected officials in a local workforce development area to form a local workforce development board to, among other things, plan and oversee the workforce development system and develop and submit to the Governor a comprehensive 4-year local workforce investment plan that is consistent with the State Plan, as specified. Existing law requires that the membership of a local workforce development board be appointed by the local chief elected official using criteria established by the Governor and the California Workforce Development Board that requires specified representatives, including representatives from local businesses.
This bill would require the membership of each local workforce development board to include at least one representative who has previously been convicted of a felony.
By expanding the membership of local workforce investment boards beyond that required of federal law and imposing new duties on a local official to appoint that additional member, this bill would impose 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 6025 of the Penal Code is amended to read:

6025.
 (a) Commencing July 1, 2012, the Board of State and Community Corrections shall be composed of 12 members, as follows:
(1) The Chair of the Board of State and Community Corrections, who shall be the Secretary of the Department of Corrections and Rehabilitation.
(2) The Director of the Division of Adult Parole Operations for the Department of Corrections and Rehabilitation.
(3) A county sheriff in charge of a local detention facility which has a Corrections Standards Authority rated capacity of 200 or less inmates, appointed by the Governor, subject to Senate confirmation.
(4) A county sheriff in charge of a local detention facility which has a Corrections Standards Authority rated capacity of over 200 inmates, appointed by the Governor, subject to Senate confirmation.
(5) A county supervisor or county administrative officer. This member shall be appointed by the Governor, subject to Senate confirmation.
(6) A chief probation officer from a county with a population over 200,000, appointed by the Governor, subject to Senate confirmation.
(7) A chief probation officer from a county with a population under 200,000, appointed by the Governor, subject to Senate confirmation.
(8) A judge appointed by the Judicial Council of California.
(9) A chief of police, appointed by the Governor, subject to Senate confirmation.
(10) A community provider of rehabilitative treatment or services for adult offenders, appointed by the Speaker of the Assembly.
(11) A community provider or advocate with expertise in effective programs, policies, and treatment of at-promise youth and juvenile offenders, appointed by the Senate Committee on Rules.
(12) A public member, appointed by the Governor, subject to Senate confirmation.
(b) Commencing July 1, 2013, the Board of State and Community Corrections shall be composed of 13 members, as follows:
(1) The Chair of the Board of State and Community Corrections, who shall be appointed by the Governor, subject to Senate confirmation.
(2) The Secretary of the Department of Corrections and Rehabilitation.
(3) The Director of the Division of Adult Parole Operations for the Department of Corrections and Rehabilitation.
(4) The individuals listed in paragraphs (3) to (12), inclusive, of subdivision (a), who shall serve or continue to serve terms as provided in subdivision (d). (e).
(c) Commencing July 1, 2021, the Board of State and Community Corrections shall be composed of 15 members, as follows:
(1) The individuals described in subdivision (b), who shall continue to serve terms as provided in subdivision (e).
(2) Two additional members of the public, appointed by the Governor and subject to Senate confirmation, who have previously been convicted of a felony.

(c)

(d) The Chair of the Board of State and Community Corrections shall serve full time.

(d)

(e) The terms of the members appointed by the Governor pursuant to subdivision (a) shall expire as follows: three on July 1, 2014, and four on July 1, 2015, as specified by the Governor. The term of the members appointed by the Governor pursuant to paragraph (2) of subdivision (c) shall expire on July 1, 2024. The term of the member appointed by the Senate Committee on Rules shall expire on July 1, 2014. The term of the member appointed by the Speaker of the Assembly shall expire on July 1, 2015. The term of the member appointed by the Judicial Council shall expire on July 1, 2015. Successor members shall hold office for terms of three years, each term to commence on the expiration date of the predecessor. Any appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Members are eligible for reappointment.

(e)

(f) The board shall select a vice chairperson from among its members, who shall be either a chief probation officer or a sheriff. Seven members of the board shall constitute a quorum.

(f)

(g) When the board is hearing charges against any member, the individual concerned shall not sit as a member of the board for the period of hearing of charges and the determination of recommendations to the Governor.

(g)

(h) If any appointed member is not in attendance for three meetings in any calendar year, the board shall inform the appointing authority, which may remove that member and make a new appointment, as provided in this section, for the remainder of the term.

SEC. 2.

 Section 14012 of the Unemployment Insurance Code is amended to read:

14012.
 The board shall be appointed by the Governor to assist in the development of the State Plan and to carry out other functions, as described in Section 14103. The board shall be comprised of the Governor and representatives from the following categories:
(a) Two members of each house of the Legislature, appointed by the appropriate presiding officer of each house.
(b) Two members of the public who have previously been convicted of a felony.

(b)

(c) A majority of board members shall be representatives of business who:
(1) Are owners of businesses, chief executives or operating officers of businesses, and other business executives or employers with optimum policymaking or hiring authority, who, in addition, may be members of a local board described in Section 3122(b)(2)(A)(i) of Title 29 of the United States Code.
(2) Represent businesses, including small businesses, or organizations representing businesses that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the state.
(3) Are appointed from a group of individuals nominated by state business organizations and business trade associations.

(c)

(d) (1) Not less than 20 percent of board members shall be representatives of the workforce within the state, including representatives of labor organizations nominated by state labor federations, who shall not be less than 15 percent of the board membership and who shall include at least one representative that is a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, such a representative of an apprenticeship program in the state.
(2) Representatives appointed pursuant to this subdivision may include:
(A) Representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans, organizations that provide or support competitive, integrated employment for individuals with disabilities, and organizations that serve transgender and gender nonconforming individuals.
(B) Representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth.

(d)

(e) The balance of board members:
(1) Shall include representatives of government that are lead state officials with primary responsibility for the core programs and shall include chief elected officials, collectively representing cities, counties, and cities and counties where appropriate.
(2) May include other representatives and officials as the Governor may designate, like any of the following:
(A) State agency officials from agencies that are one-stop partners, not specified in paragraph (1), including additional one-stop partners whose programs are covered by the State Plan, if any.
(B) State agency officials responsible for economic development or juvenile justice programs in the state.
(C) Individuals who represent an Indian tribe or tribal organization, as those terms are defined in Section 3221(b) of Title 29 of the United States Code.
(D) State agency officials responsible for education programs in the state, including chief executive officers, or their designees, of institutions of higher education, including, but not limited to, the California Community College system, the California State University system, the University of California system, and their respective individual campuses.

(e)

(f) Other requirements of board membership shall include:
(1) The Governor shall select a chairperson for the board from among the representatives described in subdivision (b). (c).
(2) The members of the board shall represent diverse geographic areas of the state, including urban, rural, and suburban areas.

SEC. 3.

 Section 14202 of the Unemployment Insurance Code is amended to read:

14202.
 The Governor, in partnership with the board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local boards. Such criteria shall require that, at a minimum, all of the following:
(a) A majority of the members of each local board shall be representatives of business in the local area, who:
(1) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority.
(2) Represent businesses, including small businesses, or organizations representing businesses described in this subdivision, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area.
(3) Are appointed from among individuals nominated by local business organizations and business trade associations.
(b) Not less than 20 percent of the members of each local board shall be representatives of the workforce within the local area, who:
(1) Shall include representatives of labor organizations, for a local area in which employees are represented by labor organizations, who have been nominated by local labor federations and these representatives shall amount to not less than 15 percent of local board membership, and be subject to the following:
(A) For a local area in which no employees are represented by such organizations, other representatives of employees shall be appointed to the board but any local board that appoints representatives of employees that are not nominated by local labor federations shall demonstrate that no employees are represented by such organizations in the local area.
(B) Shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of a state-approved apprenticeship program in the area, if such a program exists.
(2) May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities.
(3) May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth.
(c) Each local board shall include representatives of entities administering education and training activities in the local area, who:
(1) Shall include a representative of eligible providers administering adult education and literacy activities under Title II of the Workforce Innovation and Opportunity Act.
(2) Shall include a representative of institutions of higher education providing workforce investment activities, including community colleges.
(3) May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment.
(d) Each local board shall include representatives of governmental and economic and community development entities serving the local area, who:
(1) Shall include a representative of economic and community development entities.
(2) Shall include an appropriate representative from the state employment service office under the Wagner-Peyser Act (29 U.S.C. Sec. 49 et seq.) serving the local area.
(3) Shall include an appropriate representative of the programs carried out under Title I of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.), other than Section 112 or Part C of that Title (29 U.S.C. Sec. 732, 741), serving the local area.
(4) May include representatives of philanthropic organizations serving the local area.
(e) Each local board shall include at least one representative who has previously been convicted of a felony

(e)

(f) Each local board may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate.

SEC. 4.

 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.