BILL NUMBER: AB 926INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Jones-Sawyer FEBRUARY 26, 2015 An act to add Sections 3000.01 and 3000.02 to the Penal Code, relating to parole, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 926, as introduced, Jones-Sawyer. Parole: Safe Communities Grant Program. Existing law governs the length and conditions of parole and establishes the Board of Parole Hearings to carry out various duties relating to parole, including conducting parole consideration hearings, parole rescission hearings, and parole progress hearings for adults and juveniles under the jurisdiction of the Department of Corrections and Rehabilitation, reviewing inmates' requests for reconsideration of the denial of good-time credit and setting of parole length or conditions, and making every order granting and revoking parole and issuing final discharges to any person under the jurisdiction of the department. This bill would require the department to establish rules and regulations for implementing an earned compliance credit program that would reduce the period of parole supervision of eligible persons, as specified, upon compliance with their parole conditions. The bill would provide that for each full calendar month of compliance with the conditions of parole supervision, earned compliance credits equal to the number of days in that month shall be deducted from the eligible parolee's parole discharge date. The bill would also specify the circumstances under which credits would not accrue, including when a parolee has been arrested for a new offense, except as specified. The bill would also require the department to provide annually to the Director of Finance and the Legislative Analyst's Office specified data regarding the program, including the number and percentage of parolees who qualified for the earned compliance credit program and the total amount of credits earned by parolees within the year. The bill would establish the Safe Communities Grant Program to be administered by the Department of Corrections and Rehabilitation in consultation with specified state entities, to allocate moneys to counties, by January 1 of each fiscal year beginning in 2018, to provide support for employment and housing for parolees, as specified. The bill would also establish the continuously appropriated Safe Communities Grant Program Fund within the State Treasury for purposes of the program. The bill would require, on or before July 31, 2017, and on or before July 31 of each fiscal year thereafter, the Director of Finance to calculate the savings accrued to the state from the implementation of the earned compliance credit program and to certify the results of the calculation to the Controller no later than August 1 of each fiscal year. The bill would require the Controller, before August 31, 2017, and before August 31 of each fiscal year thereafter, to transfer that amount from the General Fund to the Safe Communities Grant Program Fund. The bill would also require, every 2 years, beginning in 2019, the Controller to conduct an audit of the Safe Communities Grant Program Fund to ensure the funds are disbursed and expended solely according to the requirements of the bill and to report his or her findings to the Legislature and make them available to the public. The bill would also require that any costs incurred by the Director of Finance and the Controller in connection with the administration of the Safe Communities Grant Program Fund, including the costs of the required calculation and the audit, be deducted from the Safe Communities Grant Program Fund before the funds are disbursed, as specified. By establishing the continuously appropriated Safe Communities Grant Program Fund, and by directing the Controller to transfer funds from the General Fund to that fund, the bill would make an appropriation. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3000.01 is added to the Penal Code, to read: 3000.01. (a) For the purposes of this section, the following terms shall have the following meanings: (1) "Department" refers to the Department of Corrections and Rehabilitation. (2) "Parole authority" refers to the Board of Parole Hearings. (b) The department shall establish rules and regulations for implementing an earned compliance credit program that provides eligible parolees the opportunity to reduce their period of parole supervision upon compliance with their parole conditions. (c) The department shall have the authority to award earned compliance credits to eligible parolees who are in compliance with the terms and conditions of parole supervision and who are not subject to mandatory lifetime parole pursuant to Section 3000.1. (1) For each full calendar month of compliance with the conditions of parole supervision, earned compliance credits equal to the number of days in that month shall be deducted from the eligible parolee's parole discharge date. (2) Earned compliance credits shall accrue for eligible parolees after the first full calendar month of compliance of supervision conditions. (3) Earned compliance credits shall be applied to the parole discharge date within thirty (30) days of the end of the month in which the credits were earned. The department or supervising parole agent shall notify eligible parolees of their respective current parole discharge dates at least every six (6) months. (4) The department or supervising parole agent shall notify the parole authority of the impending discharge within sixty (60) days prior to the date of final discharge. If the time served on parole combined with the earned compliance credits satisfies the terms of parole, the parole authority shall order the final discharge of the parolee. (5) For the purposes of this section, a parolee is deemed to be in compliance with the conditions of parole supervision if there was no violation of the conditions of parole supervision. (d) The following persons shall be eligible to participate in the earned compliance credit program: (1) A person sentenced pursuant to Section 1170 and subsequently paroled pursuant to Section 3000 or 3000.08. (2) A person serving a California sentence for an eligible offense in any jurisdiction pursuant to the Interstate Compact for Adult Offender Supervision. (e) Earned compliance credits shall not accrue in any calendar month in which any of the following circumstances apply: (1) The parolee has absconded from parole supervision. (2) A parole violation report has been submitted by the supervising parole agent. Credits shall not accrue for months between the submission of the report and the final action by the parole authority. If the parole violation is not sustained, the parolee shall be deemed compliant and shall have the lost credits restored, beginning on the first day of the month in which the report was submitted. (3) The parolee has been arrested for a new offense. Credits shall not accrue for months between the arrest and the final outcome of the arrest. If the charges are dropped, dismissed, or the parolee is otherwise absolved, the parolee shall be deemed compliant and shall have the lost credits restored, beginning on the first day of the month in which the arrest occurred. (4) The parolee is serving a term of incarceration for a parole violation or new conviction. (f) The department shall provide annually to the Director of Finance and the Legislative Analyst's Office the following data: (1) The number and percentage of parolees who qualified for the earned compliance credit program. (2) The total amount of credits earned by parolees within the year. (3) The average amount of credits earned by parolees within the year. SEC. 2. Section 3000.02 is added to the Penal Code, to read: 3000.02. (a) The Safe Communities Grant Program Fund is hereby created within the State Treasury and, notwithstanding Section 13340 of the Government Code, is continuously appropriated without regard to fiscal year for carrying out the purposes of this section. (b) On or before July 31, 2017, and on or before July 31 of each fiscal year thereafter, the Director of Finance shall calculate the savings accrued to the state from the implementation of the earned compliance credit program created by Section 3000.01. In making the calculation required by this section, the Director of Finance shall use actual data or best available estimates where actual data is not available. The Director of Finance shall certify the results of the calculation to the Controller no later than August 1 of each fiscal year. (c) Before August 31, 2017, and before August 31 of each fiscal year thereafter, the Controller shall transfer from the General Fund to the Safe Communities Grant Program Fund the total amount calculated pursuant to subdivision (b). (d) There is hereby established the Safe Communities Grant Program which shall be administered by the Department of Corrections and Rehabilitation in consultation with the California Workforce Investment Board, the Employment Development Department, and the Department of Housing and Community Development. In developing the Safe Communities Grant Program, the Department of Corrections and Rehabilitation shall hold a minimum of two public hearings whereby public and private stakeholders, community-based organizations that provide reentry services to state parolees, and other interested parties can provide public comment or submit written public comment on the development and administration of the Safe Communities Grant Program. (e) By January 1 of each fiscal year beginning in 2018, the Department of Corrections and Rehabilitation shall allocate moneys deposited in the Safe Communities Grant Program to counties to support the following purposes: (1) Employment support, including, but not limited to, on-the-job training programs, transitional jobs, and apprenticeships, for persons sentenced pursuant to Section 1170 and subsequently paroled pursuant to Section 3000 or 3000.08. (2) Housing support, including, but not limited to, transitional and supportive housing, for persons sentenced pursuant to Section 1170 and subsequently paroled pursuant to Section 3000 or 3008.08. (f) (1) Every two years, beginning in 2019, the Controller shall conduct an audit of the Safe Communities Grant Program Fund to ensure the funds are disbursed and expended solely according to this section and shall report his or her findings to the Legislature and make them available to the public. (2) A report required to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (g) Any costs incurred by the Director of Finance and the Controller in connection with the administration of the Safe Communities Grant Program Fund, including the costs of the calculation required by subdivision (b) and the audit required by subdivision (f), shall be deducted from the fund before moneys are disbursed pursuant to subdivision (d).