California Assembly Bill AB1294 Latest Draft

 BILL NUMBER: AB 1294AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 25, 2011 AMENDED IN ASSEMBLY MARCH 31, 2011 INTRODUCED BY Assembly Member Furutani FEBRUARY 18, 2011  An act to add and repeal Section 3054.5 of the Penal Code, relating to parole.   An act to add Article 24.7 (commencing with Section 899) to Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, relating to juvenile reentry programs.  LEGISLATIVE COUNSEL'S DIGEST F AB 1294, as amended, Furutani.  Rebuilding Communities and Rebuilding Lives Act of 2011.   Juvenile reentry programs.   Existing law generally regulates juvenile offenders, including provisions pertaining to juveniles under the jurisdiction of county probation departments.   This bill would, to the extent funding is appropriated for its purposes, require that not more than 45 days before a youth is scheduled to be released from a facility or program operated by a county juvenile probation department, that department shall determine whether the youth is eligible for one or more community reentry programs, as specified. The bill would provide that upon a determination of eligibility, the county probation department would, not less than 20 days before release, coordinate an evaluation for enrollment and actual enrollment of the youth into a community reentry program. The bill would establish the minimum level of services to be provided by the community reentry programs.   F By imposing additional burdens on local governments, 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 these statutory provisions.   Existing law, until January 1, 2011, required the Department of Corrections and Rehabilitation to establish a pilot program in Alameda County for parolees returning to Alameda County to conduct needs-based assessments of the individual parolees, as specified.   This bill would require the department, subject to an appropriation of funds, to establish reentry programs for parolees between 16 and 23 years of age to assist in community reintegration upon release, parole, or discharge from detention, as specified. The reentry programs would include construction training, academic services, counseling, and tracking of graduates after completion of the program. The bill would require the department to maintain statistical information related to the reentry programs, as specified. The bill would also provide that these provisions would be Frepealed on January 1, 2015.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: F  SECTION 1.   Article 24.7 (commencing with Section 899) is added to Chapter 2 of Part 1 of Division 2 of the   Welfare and Institutions Code   , to read:   Article 24.7. Juvenile Reentry Programs F 899. (a) To the extent funding is appropriated for the purposes of this article, not more than 45 days before a youth is scheduled to be released from a facility or program operated by a county juvenile probation department, that department shall determine whether the youth is eligible for one or more community reentry programs, as defined in this section. Upon a determination of eligibility, the county probation department shall, not less than 20 days before release, coordinate an evaluation for enrollment and the actual enrollment of the youth into a community reentry program. Enrollment and participation are subject to the approval of each program and the Fyouth. (b) For purposes of this article, an "eligible youth" means a person between 16 and 23 years of age, who is economically disadvantaged, as defined in Section 12511 of Title 42 of the United States Code. (c) For purposes of this article, "community reentry program" is defined as a program operated by a nonprofit organization or a school district that serves youthful offenders, including those identified as gang members, former gang members, or those whose immediate family Fare members of a gang, and at minimum provide all of the following: (1) Integrated education and job training services and activities on an equally divided basis, with 50 percent of the participants' time spent in classroom-based instruction including vocational or technical education, counseling, and leadership development instruction, and 50 percent of the participants' time spent in experiential job training. (A) The education component shall include basic skills instruction, secondary education services, and other activities designed to lead to the attainment of a high school diploma or its equivalent. The curriculum for this component shall include math, language arts, vocational education, technical education, life skills training, social studies related to the cultural and community history of the participants, and leadership skills. (B) Bilingual services shall be available for individuals with limited English proficiency, and an English learning curriculum shall Fbe provided where feasible and appropriate. (C) A program shall have a goal of a minimum teacher-to-student ratio of one teacher for every 18 students. (D) The job training component may involve work experience and skills training apprenticeships related to construction and rehabilitation activities described in paragraph (4). (2) Assistance in attaining postsecondary education and in obtaining financial aid shall be made available to participants prior Fto graduation from the program. (3) Counseling services designed to assist participants in positively participating in society. A program shall have a goal of a minimum counselor-to-participant ratio of one counselor for every 28 participants. Counseling services shall include all of the following, as necessary: (A) Outreach, assessment, and orientation. (B) Individual and peer counseling. (C) Life skills training. (D) Drug and alcohol abuse education and prevention. (E) Referral to appropriate drug rehabilitation, medical, mental health, legal, housing, and other community services and resources. (4) Acquisition, rehabilitation, acquisition and rehabilitation, or construction of housing and related facilities to be used for the purpose of providing home ownership for disadvantaged persons, residential housing for homeless individuals and very low income families, or transitional housing for persons who are homeless, ill, deinstitutionalized, or who have disabilities or special needs. (5) Leadership development training that provides participants with meaningful opportunities to develop leadership skills, including decisionmaking, problem solving, and negotiating. A program shall encourage participants to develop strong peer group ties that support Ftheir mutual pursuit of skills and values. (6) Coordination with appropriate county probation personnel to ensure that each enrolled youth complies with required conditions. (d) The California Emergency Management Agency may make available to each county juvenile probation department a list of programs that may meet the definition of "community reentry program," including prior awardees of relevant grant programs administered by Cal EMA or identified by Cal EMA. Each local juvenile probation department may also develop its own list of eligible community reentry programs.   SEC. 2.   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.   SECTION 1.   Section 3054.5 is added to the Penal FCode, to read: 3054.5. (a) This section shall be known as the Rebuilding Communities and Rebuilding Lives Act of 2011. (1) The Department of Corrections and Rehabilitation, to the extent funds are appropriated for the purpose of this section, shall establish a reentry program specifically targeting offenders who will be between 16 and 23 years of age upon their release, parole, or discharge from a facility or program operated by the department or a county. The department, through the Division of Juvenile Facilities, shall preenroll eligible youths into eligible community programs, as defined in this section. The department, through the Division of Juvenile Facilities, additionally shall work with counties to facilitate the preenrollment of eligible youth from county detention facilities into eligible community programs, as defined in this section. Priority shall be given to programs that have existed for at least one year prior to the effective date of this section and to those eligible community programs that have operated at any time in the previous three years. (2) Beginning January 1, 2012, the department shall identify each youth who meets the eligibility requirements of this section and is scheduled to be released, paroled, or discharged from a facility or program operated by the Division of Juvenile Facilities no later than December 31, 2012. No less than 45 days prior to the scheduled release, parole, or discharge date of an eligible youth, the department, in coordination with the Director of Employment Development and the appropriate eligible community program, shall enroll a youth in any eligible program located in a city no more than 60 miles from his or her last known address, or intended release city. Participation of an eligible youth in any eligible community program shall commence no later than 72 hours after release, parole, or discharge from a facility operated by the department. Enrollment and participation are subject to the approval of each program. (b) For purposes of this section, an "eligible community program" means, at a minimum, a program that provides all of the following: (1) Integrated education and job training services and activities on an equally divided basis, with 50 percent of participants' time spent in classroom-based instruction, counseling, and leadership development instruction, and 50 percent of participants' time spent in experiential job training. (A) The education component described in this paragraph shall include basic skills instruction, secondary education services, and other activities designed to lead to the attainment of a high school diploma or its equivalent. The curriculum for this component shall include math, language arts, vocational education, life skills training, social studies related to the cultural and community history of the participants, and leadership skills. (B) Bilingual services shall be available for individuals with limited English proficiency, and an English learning curriculum shall Fbe provided where feasible and appropriate. (C) A program shall have a goal of a minimum teacher-to-student ratio of one teacher for every 18 students. (D) The job training component described in paragraph (1) shall involve work experience and skills training apprenticeships related to construction and rehabilitation activities described in paragraph (4). (2) Assistance in attaining postsecondary education and in obtaining financial aid shall be made available to participants prior Fto graduation from the program. (3) Counseling services designed to assist participants in positively participating in society, including all of the following, as necessary: (A) Outreach, assessment, and orientation. (B) Individual and peer counseling. (C) Life skills training. (D) Drug and alcohol abuse education and prevention. (E) Referral to appropriate drug rehabilitation, medical, mental health, legal, housing, and other community services and resources. A program shall have a goal of a minimum counselor-to-participant ratio of one counselor for every 28 participants. (4) Acquisition, rehabilitation, acquisition and rehabilitation, or construction of housing and related facilities to be used for the purpose of providing home ownership for disadvantaged persons, residential housing for homeless individuals and very low income families, or transitional housing for persons who are homeless, ill, deinstitutionalized, or who have disabilities or special needs. (5) Leadership development training that provides participants with meaningful opportunities to develop leadership skills, including decisionmaking, problem solving, and negotiating. A program shall encourage participants to develop strong peer group ties that support Ftheir mutual pursuit of skills and values. (c) Each eligible community program shall work cooperatively with local probation and parole offices to ensure appropriate oversight of any eligible youth who enrolls and participates in the program for the duration of the eligible youth's participation and term of probation or parole. Eligible community programs shall meet the requirements described in Article 4 (commencing with Section 9800) of Chapter 2 of Part 1 of Division 3 of the Unemployment Insurance Code. (d) For purposes of this section, an "eligible youth" means a person between 16 and 23 years of age, who is economically disadvantaged, as defined in Section 12511 of Title 42 of the United States Code, and who is under the custody and control of the Department of Corrections and Rehabilitation or a county on or after January 1, 2012, and whose release, parole, or departure date is scheduled for any date prior to January 1, 2015. (e) No more than 200 eligible youths shall be enrolled pursuant to this section. Priority for enrollment shall be given to eligible youths who the department has determined are gang affiliated, or who have an immediate family member who has been identified as gang affiliated. (f) The department shall maintain statistical information on the success of this program, including, but not limited to, the number of eligible youths served and the rate of return to prison for those eligible youths who enroll and participate in an eligible community program. This information shall be provided to the Legislature upon request. (g) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.