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SB-369 Prisoners: California Reentry Commission.(2019-2020)

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Date Published: 06/25/2020 09:00 PM

Amended  IN  Assembly  June 25, 2020
Amended  IN  Assembly  June 24, 2019
Amended  IN  Senate  April 25, 2019
Amended  IN  Senate  March 27, 2019


Senate Bill
No. 369

Introduced by Senator Senators Hertzberg and Bradford
(Principal coauthors: Assembly Members Bonta, Kalra, Waldron, and Weber)
(Coauthors: Senators Mitchell, Umberg, and Wiener)
(Coauthors: Assembly Members Kamlager, Medina, Reyes, Luz Rivas, Mark Stone, and Ting)

February 20, 2019

An act to amend Section 44094 of the Health and Safety Code, relating to vehicles. An act to add Title 9 (commencing with Section 14070) to Part 4 of the Penal Code, relating to prisoners.


SB 369, as amended, Hertzberg. Vehicle repair assistance program: safe parking program participants. Prisoners: California Reentry Commission.
Existing law requires the Department of Corrections and Rehabilitation to establish parole reentry and assessment programs for inmates in state prison, in order to assess the inmate prior to release and to assist with the inmate’s reentry into the community while on parole. Existing law establishes the California Reentry and Enrichment Grant Program to provide grants to community-based programs that provide rehabilitative services to incarcerated individuals.
This bill would establish the California Reentry Commission in the California Health and Human Services Agency. The bill would specify the members of the commission and require the commission to meet once per month. The bill would require the commission to prepare and develop a new health and safety agenda for those returning home from prison or jail, establish a grant program to provide grants to reentry service providers, conduct a review of reentry barriers, review current state criminal justice policies, and report to the Legislature on the impact of COVID-19 on the reentry population, among other duties.

Existing law establishes a motor vehicle inspection and maintenance (smog check) program, administered by the Department of Consumer Affairs, that requires inspection of motor vehicles upon initial registration and biennially upon renewal of registration, as well as under certain other circumstances, except as specified. Existing law establishes a repair assistance program, administered by Bureau of Automotive Repair within the Department of Consumer Affairs, available to a person who owns a motor vehicle that has failed a smog check inspection and who meets specified criteria, including that the vehicle is currently registered with the Department of Motor Vehicles.

This bill would prohibit the department from requiring that vehicles owned by safe parking program participants comply with the registration requirements described above as a condition of participating in the repair assistance program, provided that the person present a valid California driver’s license and verification of participation in a safe parking program for at least 30 days, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


 (a) The Legislature finds and declares all of the following:
(1) In order to protect the health and safety of local communities and individuals reentering local communities from state prison and local jails, it is necessary to establish the California Reentry Commission.
(2) As California begins a phased return to normal operations and grapples with immense budget impacts of the COVID-19 pandemic, it is more important than ever that the state focus on protecting vulnerable populations, coordinate across departments, and utilize data-driven approaches.
(3) Currently, at least 28 states have reentry commissions, coalitions, councils, or task forces established through legislation by state governments. These commissions were implemented to provide coordinated leadership to ensure successful reentry and enhance public safety.
(4) Reentry commissions utilize evidence-based models that begin at the initial point of contact with the criminal legal system, and include, but are not limited to, health services, education, substance use treatment, job training, mentorship, employment, and stable housing.
(b) It is the intent of the Legislature in establishing the commission to do all of the following:
(1) Leverage state leadership and resources to facilitate successful transition and reintegration of people returning home from prison and jails to various neighborhoods and communities all across the state.
(2) Assist policymakers, community leaders, charitable organizations, reentry service providers, and community-based organizations in identifying reentry challenges in the state and work to target resources and solutions toward sound, comprehensive, and cost-effective solutions.
(3) Coordinate leadership through collaborative partnerships with government entities, faith and community-based organizations, and key community stakeholders.
(4) Leverage federal, state, and philanthropic resources aimed at enhancing the state’s capacity to target and create cost-effective, evidence-based long-term reentry solutions.

SEC. 2.

 Title 9 (commencing with Section 14070) is added to Part 4 of the Penal Code, to read:

TITLE 9. The California Reentry Commission

 (a) There is in the California Health and Human Services Agency the California Reentry Commission, hereafter referred to in this title as the commission, to serve the state in an advisory role.
(b) To ensure the administration is responsive to all potential reentry needs, the commission shall be composed of the following members, as follows:
(1) The Secretary of the Department of Corrections and Rehabilitation.
(2) The Director of the California Department of Aging.
(3) The Director of Motor Vehicles.
(4) The Director of Health Care Services.
(5) The Director of Developmental Services.
(6) The Director of the Department of Child Support Services.
(7) The Superintendent of Public Instruction.
(8) The State Public Health Officer.
(9) The Director of Social Services.
(10) The Director of the Division of Juvenile Justice.
(11) The Director Forestry and Fire Protection.
(12) The Director of Fair Employment and Housing.
(13) The Chancellor of the California State University.
(14) The Executive Director of the California Workforce Development Board.
(15) The Director of the Governor’s Office of Business and Economic Development.
(16) The President of the Medical Board of California.
(17) The Secretary of Veterans Affairs.
(18) A representative from the Governor’s Office.
(19) Two members, to be appointed by the Governor, who are formerly incarcerated individuals.
(20) One Member of the Assembly to be appointed by the Speaker of the Assembly.
(21) One Member of the Senate to be appointed by the President pro Tempore of the Senate.
(22) Two members, to be appointed by the Governor, from community-based organizations that provide reentry services.

 The commission shall meet once per month. The commission shall invite subject matter experts to speak to the commission on critical health, safety, and emerging reentry solutions. Meetings shall be held around the state, including areas most impacted by reentry.

 The commission shall prepare and develop all of the following:
(a) A new health and safety agenda for those returning home from prison and jails.
(b) Coordinate with the Department of Corrections and Rehabilitation and the Board of State and Community Corrections to develop a grant program to provide grants to reentry service providers for wrap-around service for persons who have recently been released.
(c) Conduct a critical review of over 43,000 reentry barriers and 1,500 documented barriers to reentry in the state.
(d) Review current state criminal justice policies relating to the efficacy of long-term sentences and second strike offense policies.
(e) A clearinghouse of online reentry resources.
(f) A reentry guidebook.
(g) (1) A report to the Legislature no later than July 1, 2021, on the impact of COVID-19 on the reentry population.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on July 1, 2025, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 44094 of the Health and Safety Code is amended to read:

(a)Participation in the high polluter repair or removal program specified in this article and Article 10 (commencing with Section 44100) shall be voluntary and shall be available to the owners of high polluters that are registered in an area that is subject to an inspection and maintenance program, have been registered for at least 24 months in the district where the credits are to be applied and, are presently operational, and meet other criteria, as determined by the department.

(b)The program shall provide for both of the following:

(1)As to the repair of a high polluter, payment to the owner of up to 80 percent of the total cost of repair, as determined by the department, but the payment shall not exceed four hundred fifty dollars ($450).

(2)As to the removal of a high polluter, the program shall be subject to Article 10 (commencing with Section 44100).

(c)Except as provided in Section 44062.3, the department may specify the amount of money that may be paid to an owner of a high-polluting motor vehicle who voluntarily retires the vehicle. The amount paid by the department shall be based on the cost-effectiveness and the air quality benefit of retiring the vehicle, as determined by the department.

(d)The department may authorize participation in the program based on a reasonable estimate of the future revenues that will be available to the program.

(e)(1)Notwithstanding any other law, the department shall not require, as a condition of participating in the program specified in this article, a vehicle owned by a person who has been enrolled in a safe parking program for at least 30 days to be currently registered with the Department of Motor Vehicles with a valid and unexpired registration sticker.

(2)A person enrolled in a safe parking program, upon applying to participate in the program specified in this article, shall provide a valid California driver’s license and a certificate from the operator of the safe parking program verifying the person’s participation in the safe parking program for 30 days or more.

(3)For purposes of this subdivision, an operator of a safe parking program shall be limited to a city, county, city and county, joint powers authority formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, nonprofit organization, or continuum of care formed pursuant to Sections 11381 to 11388, inclusive, of Title 42 of the United States Code.