BILL NUMBER: AB 1920AMENDED BILL TEXT AMENDED IN SENATE JUNE 12, 2014 INTRODUCED BY Assembly Member Campos FEBRUARY 19, 2014 An act to add and repeal Title 15.5 (commencing with Section 97000) of the Government Code, and to amend Section 6027 of the Penal Code, relating to corrections. LEGISLATIVE COUNSEL'S DIGEST AB 1920, as amended, Campos. Board of State and Community Corrections. Existing law establishes 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 to develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services to a broader target population and maximize the impact of state funds at the local level. This bill would specifically require that those services include job training and employment opportunities, and that the target population include at-risk youth. The bill would also enact, only until January 1, 2020, the Social Impact Partnerships Pilot Program, and would require the board to administer the program. The bill would authorize the Chair of the Board of State and Community Corrections, upon the appropriation of sufficient funds by the Legislature, to enter into "social impact partnerships," which would be defined as contracts for services provided to address a defined demographic group's particular needs that are traditionally addressed through state programs. The bill would authorize the chair to identify and submit proposed social impact partnerships to specified members of the Legislature beginning in 2015, and would require the chair to report annually to the Governor and Legislature on the status of each ongoing social impact partnership. The bill would also require the chair to consult with the appropriate state agency or department responsible for administering a state program that would be affected by the proposed social impact partnership. The bill would create the Social Innovation Financing Trust Fund in the State Treasury and require that all funds appropriated by the Legislature for purposes of the program, as specified, be deposited into the fund. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Title 15.5 (commencing with Section 97000) is added to the Government Code , to read: TITLE 15.5. Social Impact Partnerships Pilot Program 97000. For purposes of this title, the following definitions apply: (a) "Board" means the Board of State and Community Corrections. (b) "Chair" means the Chair of the Board of State and Community Corrections. (c) "Social impact partnership," which may also be known and referred to as a "pay for success contract," refers to a contract for services provided to address a defined demographic group's particular needs that are traditionally addressed through state programs, and funding for those programs, and that are entered into in order to improve outcomes and lower costs because payment is made only after measured results are achieved. 97001. (a) There is hereby established the Social Impact Partnerships Pilot Program. (b) The board shall administer the Social Impact Partnerships Pilot Program. (c) (1) The chair may identify and submit proposed social impact partnerships to the chairs of the Senate and Assembly budget committees and the chairs of the relevant subcommittee for consideration with the May Revision of the Governor's Budget each year beginning in 2015. (2) Before submitting a proposed social impact partnership pursuant to paragraph (1), the chair shall consult with the appropriate state agency or department responsible for administering a state program that would be affected by the proposed social impact partnership. (3) At a minimum, each submission shall include all of the following: (A) A description of the proposed social program. (B) A description of the organization's experience in providing the proposed social program. (C) A description of the financial stability of the organization. (D) An identification of each component of the social program to be provided. (E) A description of the manner in which the social services will be provided. (F) A description of the recruitment or selection process, or both, for participants in the social program. (G) The proposed quantifiable results upon which success of the social program will be measured. (H) An itemization of all expenses proposed to be reimbursed under the contract. 97002. (a) Upon appropriation of sufficient funds by the Legislature, the chair shall enter into a contract with the approved applicant. (b) Each contract shall include all of the following: (1) A requirement that the payment be conditioned on the achievement of specific outcomes based upon defined performance targets. (2) An objective process by which an independent evaluator, selected by the chair, will determine whether the performance targets have been achieved. (3) A calculation of the amount and timing of payments that would be earned by the service provider during each year of the agreement if performance targets are achieved as determined by the independent evaluator. (4) A determination by the chair that the contract will result in significant performance improvements and budgetary savings across impacted agencies or departments if the performance targets are achieved. (c) The chair shall not enter into any contract that exceeds the funds appropriated for it by the Legislature. 97003. (a) The Social Innovation Financing Trust Fund is hereby created in the State Treasury. All funds appropriated by the Legislature pursuant to Section 97002 shall be deposited into the Social Innovation Financing Trust Fund. (b) Social impact partnership contracts entered into by the board with approved applicants shall be paid from the Social Innovation Financing Trust Fund. 97004. (a) The board may adopt regulations to implement this title. (b) The board shall adopt a reasonable application fee that is sufficient to cover the expenses incurred by the board in processing the application. 97005. (a) The chair shall report annually to the Governor and Legislature on the status of each ongoing social impact partnership, including, but not limited to, a description of the desired outcome and an overview of the independent evaluator's findings. The report shall also contain an accounting of the Social Innovation Financing Trust Fund. (b) A report made pursuant to this section shall be made in accordance with the requirements of Section 9795. (c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. 97006. This title shall not create a statutory entitlement to services or any contractual obligation on the part of the state. 97007. This title shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.SECTION 1.SEC. 2. Section 6027 of the Penal Code is amended to read: 6027. (a) It shall be the duty of 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, 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. (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.