BILL NUMBER: AB 1056 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Atkins
FEBRUARY 26, 2015
An act to add Chapter 4 (commencing with Section 34650)
to Part 2 of Division 24 of the Health and Safety Code,
Article 5 (commencing with Section 6046) to Chapter 5 of Title
7 of Part 3 of the Penal Code, relating to housing
assistance. recidivism reduction, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1056, as amended, Atkins. Housing assistance: formerly
incarcerated tenants. Second Chance Program.
(1) Existing federal law, the American Recovery and Reinvestment
Act of 2009, allocated, until September 30, 2011, $1.5 billion to the
federal Department of Housing and Urban Development for the
Homelessness Prevention Fund, to be used for homelessness prevention
and rapid rehousing. Existing law, the California Work Opportunity
and Responsibility to Kids Act, provides housing supports to
individuals if the administering county determines that the
individual or his or her family is experiencing homelessness or
housing instability that would be a barrier to self-sufficiency or
child well-being, and declares that it is the intent of the
Legislature that housing supports utilize evidence-based models,
including those established in the federal Department of Housing and
Urban Development's Homeless Prevention and Rapid Re-Housing Program.
The Housing Authorities Law establishes, in each county and city, a
public body corporate and politic known as the housing authority of
the county or city.
This bill would authorize a housing authority, defined to include
an entity created pursuant to the Housing Authorities Law or a
housing-related entity created by a county, to develop a housing
supports program, as defined. The bill would require a housing
supports program to provide rental assistance for a specified period
to persons who are formerly incarcerated, provide rapid rehousing
services, and conduct an individual needs assessment for each
prospective tenant to determine the level of services provided and
length of assistance. The bill would authorize the housing authority
to finance the program through grants provided by the Board of State
and Community Corrections or the California Housing Finance agency,
existing funding sources except as specified, establishment of a
regional center under specified provisions, and a grant repayment
component of the housing supports program.
The bill would require the Board of State and Community
Corrections to develop a request for proposal process for awarding
grants to housing authorities that establish a housing supports
program. The bill would require the California Housing Finance Agency
to develop a similar request for proposal process for awarding
grants to housing authorities located in small or rural counties, as
defined. The bill would require the request for proposal process for
both agencies to give preference to housing authorities that
demonstrate the ability to attract matching funds or leverage
existing funds and to give consideration to the geographic diversity
of applicant housing authorities.
(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.
This bill would require the board to establish and implement a
program that focuses on community-based solutions for reducing
recidivism. The bill would establish minimum criteria for the program
and would require the board to establish an Executive Steering
Committee, composed of 11 members, as specified, to develop
guidelines for the administration of the program. The bill would
define recidivism, for the purposes of these provisions, as a
conviction of a new felony or misdemeanor committed within three
years of release from custody or committed within three years of
placement on supervision for a previous criminal conviction.
(2) The Safe Neighborhoods and Schools Act establishes within the
State Treasury the Safe Neighborhoods and Schools Fund to receive
moneys transferred from the General Fund in an amount equal to the
savings resulting from the implementation of the act, as specified.
The act requires that 65% of the moneys in the Safe Neighborhoods and
Schools Fund be allocated the Board of State and Community
Corrections to administer a grant program to public agencies aimed at
supporting specified types of programs, including diversion
programs, for people in the criminal justice system with an emphasis
on programs that reduce recidivism, as specified.
This bill would create the Second Chance Fund in the State
Treasury. Treasury for the purpose of funding
the above-described recidivism reduction program. The bill
would require the Board of State and Community Corrections to deposit
an amount equal to 33% of the above-described
moneys it receives from the Safe Neighborhoods and Schools
Fund. Fund into the Second Chance Fund. The bill
would also authorize the Second Chance Fund to receive moneys from
any other federal, state, or local grant, or from any private
donation. The bill would require that 90% of the moneys in
the Second Chance Fund be allocated to the board and 10% to the
California Housing Finance Agency to administer grants for housing
supports programs, as specified. prohibit the board
from using the moneys in the fund to supplant existing programs and
from spending more than 5% per year of the total moneys in the fund
for administrative purposes.
The bill would require the board to administer these provisions,
and moneys in the fund would be continuously appropriated to the
board for expenditure for these purposes. By creating a continuously
appropriated fund, this bill would make an appropriation.
(3) The Safe Neighborhoods and Schools Act provides that its
provisions may be amended by a statute, passed by a 2/3 vote of each
house of the Legislature and signed by the Governor, that is
consistent with and furthers the intent of the act.
This bill would declare that its provisions further the intent of
the Safe Neighborhoods and Schools Act.
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. Chapter 4 (commencing with Section
34650) is added to Part 2 of Division 24 of the Health and Safety
Code, to read:
CHAPTER 4. SECOND CHANCE PROGRAM
34650. For the purposes of this chapter, the following
definitions shall apply:
(a) "Housing authority" means a public corporation established
pursuant to Chapter 1 (commencing with Section 34200) or a
housing-related entity established by a county.
(b) "Rural or small county" means a county with a population of
not more than 750,000.
(c) "Housing supports program" means a program for providing
housing-related assistance to individuals that utilizes
evidence-based models, including those established in the federal
Department of Housing and Urban Development's Homeless Prevention and
Rapid Re-Housing Program. A housing supports program may include,
but shall not be limited to, both of the following:
(1) Financial assistance, including rental assistance, security
deposits, utility payments, moving cost assistance, and motel and
hotel vouchers.
(2) Housing stabilization and relocation, including outreach and
engagement, landlord recruitment, case management, housing search and
placement, legal services, and credit repair.
34651. (a) (1) A housing authority may develop a housing supports
program. A housing authority implementing a housing supports program
established pursuant to this section shall, at minimum, do all of
the following:
(A) Provide rental assistance, for a period of not less than three
months and not more than 24 months, to persons who are formerly
incarcerated.
(B) Provide rapid rehousing services, including housing location
services.
(C) Conduct an individual needs assessment for each prospective
tenant to determine the level of services provided and the length of
assistance.
(2) A housing authority may include a grant-repayment component in
its housing supports program requiring a tenant to repay a portion
of the aid received over time.
(b) A housing authority may finance a housing supports program by
any of the following means:
(1) Grants from the Board of State and Community Corrections, as
specified in Section 34652, or the California Housing Finance Agency,
as specified in Section 34653.
(2) Existing funding sources, except that the housing authority
shall not utilize moneys received pursuant to the federal Housing
Choice Voucher Program set forth in Section 8 of the United States
Housing Act of 1937 (42 U.S.C. Sec. 1437f) unless the tenant
receiving housing supports would otherwise qualify for assistance
under that program.
(3) Establishing, operating, and maintaining a regional center
pursuant to the United States Citizenship and Immigration Services'
EB-5 Investment Program, contained in Section 203(b)(5) of the
Immigration and Nationality Act (8 U.S.C. Sec. 1153(b)(5)) and
Section 204.6 of Title 8 of the Code of Federal Regulations, in
accordance with the requirements of the California Foreign Investment
Program (Chapter 4.2 (commencing with Section 6315) of Division 7 of
Title 1 of the Government Code). If the housing authority
establishes a regional center pursuant to this paragraph, it shall
utilize not less than 50 percent of the moneys received pursuant to
the EB-5 Investment Program for the purposes of administering a
housing supports program.
(4) A grant repayment component of the housing supports program,
as specified in paragraph (2) of subdivision (a).
34652. The Board of State and Community Corrections shall develop
a request for proposal process for awarding grants to housing
authorities that establish a housing supports program pursuant to
this chapter. In awarding grants, the board shall do both of the
following:
(a) Give preference to housing authorities that demonstrate the
ability to attract matching funds or leverage existing funds.
(b) Give consideration to the geographic diversity of the housing
authorities applying for grants.
34653. The California Housing Finance Agency shall develop a
request for proposal process for awarding grants to housing
authorities that establish a housing supports program pursuant to
this chapter and are located in a rural or small county. In awarding
grants, the board shall do both of the following:
(a) Give preference to housing authorities that demonstrate the
ability to attract matching funds or leverage existing funds.
(b) Give consideration to the geographic diversity of the housing
authorities applying for grants.
34654. (a) The Second Chance Fund is hereby created in the State
Treasury. The Board of State and Community Corrections shall be the
entity responsible for administering this section. Moneys in the fund
are hereby continuously appropriated without regard to fiscal year
for the purposes of this chapter.
(b) (1) The Board of State and Community Corrections shall deposit
an amount equal to 33 percent of the moneys disbursed to it pursuant
to paragraph (3) of subdivision (a) of Section 7599.2 of the
Government Code into the Second Chance Fund.
(2) The Second Chance Fund may receive moneys from any other
federal, state, or local grant, or from any private donation or
grant, for the purposes of this chapter.
(c) Moneys in the Second Chance Fund shall be disbursed as
follows:
(1) Ninety percent to the Board of State and Community Corrections
for the purposes of administering the grant program described in
Section 34652.
(2) Ten percent to the California Housing Finance Agency for the
purpose administering the grant program described in Section 34653.
SECTION 1. The Legislature finds and declares all
of the following:
(a) California voters approved Proposition 47, known as the Safe
Neighborhoods and Schools Act of 2014. The measure was enacted to
ensure that prison spending is focused on violent and serious
offenses, to maximize alternatives for non-violent and non-serious
crime, and to invest the resulting savings into prevention and
support programs.
(b) Research has shown that people in the criminal justice system
disproportionately suffer from mental health issues and substance use
disorders. Nationally, over half of all people in prisons or jails
have experienced a mental health issue within the last year, and over
half of women and 44 percent of men in jail have a drug or alcohol
dependency.
(c) People in the criminal justice system and formerly
incarcerated individuals have difficulty securing housing and
employment following their incarceration. These challenges are
compounded for people living with mental health issues or substance
use disorders.
(d) Offering people in the criminal justice system and formerly
incarcerated individuals meaningful access to mental health services,
substance use treatment services, housing-related job assistance,
job skills training, and other community-based wrap-around social
services has been shown to decrease the likelihood of future contact
with law enforcement and the criminal justice system.
(e) Prioritizing the state savings realized by the implementation
of the Safe Neighborhoods and Schools Act of 2014 for projects that
combine mental health services, substance use treatment services,
housing-related job assistance, job skills training, and other
community-based wrap-around social services will help the state
meaningfully reduce recidivism.
(f) By prioritizing projects that offer comprehensive
interventions, the Legislature intends for public agencies,
non-profits, and other community-based providers of services to
people in the criminal justice system and formerly incarcerated
individuals to leverage additional federal, state, and local funds
for social investment resources.
(g) The Legislature intends to promote the use of restorative
justice principles in addressing recidivism.
SEC. 2. Article 5 (commencing with Section 6046)
is added to Chapter 5 of Title 7 of Part 3 of the Penal
Code , to read:
Article 5. Second Chance Program
6046. (a) The purpose of this article is to build safer
communities by investing in community-based programs, services, and
initiatives for formerly incarcerated individuals in need of mental
health and substance use treatment services.
(b) The program established pursuant to this article shall be
restricted to supporting mental health treatment, substance use
treatment, and diversion programs for persons in the criminal justice
system, with an emphasis on programs that reduce recidivism of
persons convicted of less serious crimes, such as those covered by
the Safe Neighborhoods and Schools Act of 2014, and those who have
substance use and mental health problems.
(c) The Board of State and Community Corrections shall administer
a program established pursuant to this article.
6046.1. For the purposes of this article, the following
definitions shall apply:
(a) "Board" means the Board of State and Community Corrections.
(b) "Committee" means an Executive Steering Committee of the
board.
(c) "Fund" means the Second Chance Fund established pursuant to
Section 6046.2.
(d) "Recidivism" means a conviction of a new felony or misdemeanor
committed within three years of release from custody or committed
within three years of placement on supervision for a previous
criminal conviction.
6046.2. (a) The Second Chance Fund is hereby created in the State
Treasury. The board shall be responsible for administering the fund.
Moneys in the fund are hereby continuously appropriated without
regard to fiscal year for the purposes of this article.
(b) (1) The Board of State and Community Corrections shall deposit
the moneys disbursed to it pursuant to paragraph (3) of subdivision
(a) of Section 7599.2 of the Government Code into the Second Chance
Fund.
(2) The Second Chance Fund may receive moneys from any other
federal, state, or local grant, or from any private donation or
grant, for the purposes of this article.
(c) The board shall not use moneys in the fund to supplant funding
to existing programs, but may use moneys in the fund to expand the
capacity of an existing program.
(d) The board shall not spend more than 5 percent annually of the
moneys in the fund for administrative costs.
6046.3. (a) The board shall establish and implement a program to
carry out the purposes of this article that focuses on
community-based solutions for reducing recidivism. The program shall,
at minimum, do all of the following:
(1) Restrict eligibility to projects designed to serve people who
have been arrested, charged with, or convicted of criminal offense
and have a history of mental health or substance use problems.
(2) Restrict eligibility to projects that offer mental health
services, substance use disorder treatment services, misdemeanor
diversion programs, or some combination thereof.
(3) Prioritize projects that advance principles of restorative
justice while demonstrating a capacity to reduce recidivism.
(4) Prioritize projects that leverage other federal, state, and
local funds or other social investments, including, but not limited
to, the following sources of funding:
(A) The Drug Medi-Cal Treatment Program (22 Cal. Code Regs.
51341.1, 51490.1, and 51516.1).
(B) The Mental Health Services Act, enacted by Proposition 63 at
the November 2, 2004, general election, as amended.
(C) Funds provided for in connection with the implementation of
Chapter 15 of the Statutes of 2011.
(D) The Community Corrections Performance Incentives Act (Stats.
2009, Ch. 608; Chapter 3 (commencing with Section 1228) of Title 8 of
Part 2).
(E) The tax credits established pursuant to Sections 12209,
17053.57, and 23657 of the Revenue and Taxation Code.
(F) The federal Department of Housing and Urban Development
Emergency Solutions Grant program (42 U.S.C. Sec. 11371 et seq.).
(G) The federal Department of Veterans Affairs Supportive Services
for Veteran Families program (38 U.S.C. Sec. 2044).
(H) Social Innovation Funds established by the Corporation for
National and Community Service pursuant to Section 12653k of Title 42
of the United States Code.
(I) The Edward Byrne Memorial Justice Assistance Grant Program (42
U.S.C. Sec. 3750 et seq.).
(5) Ensure program guidelines and terms provide threshold or
scoring criteria, or both, that strongly prioritize project
applications that ensure provision of the following:
(A) Mental health services, substance use disorder treatment
services, misdemeanor diversion programs, or some combination
thereof.
(B) Housing-related assistance that utilizes evidence-based
models, including, but not limited to, those recommended by the
federal Department of Housing and Urban Development. Housing-related
assistance may include, but is not limited to, the following:
(i) Financial assistance, including security deposits, utility
payments, moving-cost assistance, and up to 24 months of rental
assistance.
(ii) Housing stabilization assistance, including case management,
relocation assistance, outreach and engagement, landlord recruitment,
housing navigation and placement, and credit repair.
(C) Other community-based wrap-around services, including, but not
limited to, job skills training, case management, and civil legal
services.
(6) Promote proposals that place an emphasis on servicing persons
arrested for, charged with, or convicted of a less serious offense,
but with minimal restrictions related to their prior criminal
history.
(7) Promote public and private partnerships.
(8) Promote proposals that include community-based philanthropic
and non-profit organizations.
(9) Promote interagency and regional collaborations.
(10) Consider geographic diversity.
(b) The board shall establish a committee to assist in developing
guidelines for administration of the program established pursuant to
subdivision (a) consistent with this article. The committee shall
consist of 11 members and shall be composed as follows:
(1) A formerly incarcerated individual who has received or is
receiving mental health or substance use disorder treatment.
(2) A mental health expert.
(3) A substance use disorders expert.
(4) A housing programs expert.
(5) A homelessness prevention expert.
(6) Two community-based social service providers with experience
in providing services to formerly incarcerated individuals and
reducing recidivism.
(7) A public safety expert.
(8) An academic expert with a history of research and expertise on
the best practices for reducing recidivism.
(9) A member of the board.
(10) An additional expert, to be selected by the board.
SEC. 2. SEC. 3. The Legislature
finds and declares that this act furthers the intent of the Safe
Neighborhoods and Schools Act enacted by Proposition 47 at the
November 4, 2014, general election.