BILL NUMBER: AB 2061 CHAPTERED
BILL TEXT
CHAPTER 100
FILED WITH SECRETARY OF STATE JULY 25, 2016
APPROVED BY GOVERNOR JULY 25, 2016
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY MAY 19, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
INTRODUCED BY Assembly Member Waldron
(Principal coauthors: Assembly Members Brown, Eduardo Garcia, and
Kim)
FEBRUARY 17, 2016
An act to amend Sections 1234, 1234.1, 1234.2, 1234.3, and 1234.4
of the Penal Code, relating to recidivism.
LEGISLATIVE COUNSEL'S DIGEST
AB 2061, Waldron. Supervised Population Workforce Training Grant
Program.
Existing law, until January 1, 2021, establishes the Supervised
Population Workforce Training Grant Program to be administered, as
provided, by the California Workforce Investment Board. Existing law
establishes grant program eligibility criteria for counties and
provides that eligible uses for grant funds include, but are not
limited to, vocational training, stipends for trainees, and
apprenticeship opportunities for the supervised population, which
include individuals on probation, mandatory supervision, and
postrelease community supervision. Existing law requires the board to
develop criteria for the selection of grant recipients, but requires
the board to give preference to certain grant applications,
including an application that proposes participation by one or more
nonprofit community-based organizations that serve the supervised
population. Existing law requires the board, by January 1, 2018, to
submit a report to the Legislature containing specified information,
including an evaluation of the effectiveness of the grant program.
This bill would also require the board to give preference to a
grant application that proposes participation by one or more
employers who have demonstrated interest in employing individuals in
the supervised population. The bill would require the board to
include in its report to the Legislature whether the program provided
training opportunities in areas related to work skills learned while
incarcerated. The bill would update references to the California
Workforce Investment Board to reflect its new name, the California
Workforce Development Board.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In recent decades, the number of Americans who have had
contact with the criminal justice system has increased exponentially.
It is estimated that about one in three adults in the U.S. has a
criminal history record, which often consists of an arrest that did
not lead to conviction, a conviction for which the person was not
sentenced to a term of incarceration, or a conviction for a
nonviolent crime.
(b) On any given day, about 2.3 million people are incarcerated in
the U.S. and, each year, 700,000 people are released from prison and
almost 13 million people are admitted to and released from local
jails.
(c) California's long-term economic growth is dependent on
identifying ways in which those who face barriers to employment, such
as being formerly incarcerated, can become contributing members of
society and achieve financial independence.
SEC. 2. Section 1234 of the Penal Code is amended to read:
1234. For purposes of this chapter, the following terms have the
following meanings:
(a) "California Workforce Development Board" means the California
Workforce Development Board established pursuant to Article 1
(commencing with Section 14010) of Chapter 3 of Division 7 of the
Unemployment Insurance Code.
(b) "Earn and learn" has the same meaning as in Section 14005 of
the Unemployment Insurance Code.
(c) "Grant program" means the Supervised Population Workforce
Training Grant Program.
(d) "Supervised population" means those persons who are on
probation, mandatory supervision, or postrelease community
supervision and are supervised by, or are under the jurisdiction of,
a county.
SEC. 3. Section 1234.1 of the Penal Code is amended to read:
1234.1. (a) This chapter establishes the Supervised Population
Workforce Training Grant Program to be administered by the California
Workforce Development Board.
(b) The grant program shall be developed and implemented in
accordance with the criteria set forth in Section 1234.3. In
developing the program, the California Workforce Development Board
shall consult with public and private stakeholders, including local
workforce development boards, local governments, and nonprofit
community-based organizations that serve the supervised population.
(c) The grant program shall be funded, upon appropriation by the
Legislature. Implementation of this program is contingent upon the
director of the California Workforce Development Board notifying the
Department of Finance that sufficient moneys have been appropriated
for this specific grant program.
(d) The outcomes from the grant program shall be reported pursuant
to Section 1234.4.
SEC. 4. Section 1234.2 of the Penal Code is amended to read:
1234.2. The California Workforce Development Board shall
administer the grant program as follows:
(a) Develop criteria for the selection of grant recipients through
a public application process, including, but not limited to, the
rating and ranking of applications that meet the threshold criteria
set forth in this section.
(b) Design the grant program application process to ensure all of
the following occurs:
(1) Outreach and technical assistance is made available to
eligible applicants, especially to small population and rural
counties.
(2) Grants are awarded on a competitive basis.
(3) Small and rural counties are competitive in applying for
funds.
(4) Applicants are encouraged to develop evidence-based, best
practices for serving the workforce training and education needs of
the supervised population.
(5) The education and training needs of one or both of the
following are addressed:
(A) Individuals with some postsecondary education who can enter
into programs and benefit from services that result in
certifications, and placement on a middle skill career ladder.
(B) Individuals who require basic education as well as training in
order to obtain entry level jobs where there are opportunities for
career advancement.
SEC. 5. Section 1234.3 of the Penal Code is amended to read:
1234.3. (a) The grant program shall be competitively awarded
through at least two rounds of funding, with the first phase of
funding being awarded on or before May 1, 2015.
(b) Each county is eligible to apply, and a single application may
include multiple counties applying jointly. Each application shall
include a partnership agreement between the county or counties and
one or more local workforce development boards that outline the
actions each party agrees to undertake as part of the project
proposed in the application.
(c) At a minimum, each project proposed in the application shall
include a provision for an education and training assessment for each
individual of the supervised population who participates in the
project. The assessment may be undertaken by the applicant or by
another entity. A prior assessment of an individual may be used if,
in the determination of the California Workforce Development Board,
its results are accurate. The California Workforce Development Board
may delegate the responsibility for determining the sufficiency of a
prior assessment to one or more local workforce development boards.
(d) Eligible uses of grant funds include, but are not limited to,
vocational training, stipends for trainees, and earn and learn
opportunities for the supervised population. Supportive services and
job readiness activities shall serve as bridge activities that lead
to enrollment in long-term training programs.
(e) Preference shall be awarded to applications for the following:
(1) An application that proposes matching funds, including, but
not limited to, moneys committed by local workforce development
boards, local governments, and private foundation funds.
(2) An application submitted by a county that currently
administers or participates in a workforce training program for the
supervised population.
(3) An application that proposes participation by one or more
nonprofit community-based organizations that serve the supervised
population.
(4) An application that proposes participation by one or more
employers who have demonstrated interest in employing individuals in
the supervised population, including, but not limited to, earn and
learn opportunities and intent to hire letters for successfully
completing the program.
(f) An application shall meet the following requirements:
(1) Set a specific purpose for the use of the grant funds, as well
as provide the baseline criteria and metrics by which the overall
success of the grant project can be evaluated.
(2) Define the specific subset of the supervised population, among
the eligible supervised population that the grant money will serve.
(3) Define the industry sector or sectors in which the targeted
supervised population will be trained, including the current and
projected workforce within the region for those jobs, the range of
wage rates, and the training and education requirements within those
industry sectors.
(4) Define the general methodology and training methods proposed
to be used and explain the manner in which the progress of the
targeted supervised population will be monitored during the grant
period.
(g) As a condition of receiving funds, a grant recipient shall
agree to provide information to the California Workforce Development
Board in sufficient detail to allow the California Workforce
Development Board to meet the reporting requirements in Section
1234.4.
SEC. 6. Section 1234.4 of the Penal Code is amended to read:
1234.4. (a) On at least an annual basis, and upon completion of
the grant period, grant recipients shall report to the California
Workforce Development Board regarding their use of the funds and
workforce training program outcomes.
(b) By January 1, 2018, the California Workforce Development Board
shall submit a report to the Legislature using the reports from the
grant recipients. The report shall contain all the following
information:
(1) The overall success of the grant program, based on the goals
and metrics set in the awarded grants.
(2) An evaluation of the effectiveness of the grant program based
on the goals and metrics set in the awarded grants.
(3) A recommendation on the long-term viability of local workforce
development boards and county collaborations on workforce training
programs for the supervised population.
(4) A recommendation on the long-term viability of county
workforce training programs for the supervised population.
(5) In considering the overall success and effectiveness of the
grant program, the report shall include a discussion of all of the
following:
(A) The education and workforce readiness of the supervised
population at the time individual participants entered the program
and how this impacted the types of services needed and offered.
(B) Whether the programs aligned with the workforce needs of
high-demand sectors of the state and regional economies.
(C) Whether there was an active job market for the skills being
developed where the member of the supervised population was likely to
be released.
(D) Whether the program increased the number of members of the
supervised population that obtained a marketable and industry or
apprenticeship board-recognized certification, credential, or degree.
(E) Whether the program increased the numbers of the supervised
population that successfully complete a job readiness basic skill
bridge program and enroll in a long-term training program.
(F) Whether there were formal or informal networks in the field
that support finding employment upon release from custody.
(G) Whether the program led to employment in occupations with a
livable wage.
(H) Whether the program provided training opportunities in areas
related to work skills learned while incarcerated, including, but not
limited to, while working with the Prison Industry Authority.
(I) Whether the metrics used to evaluate the individual grants
were sufficiently aligned with the objectives of the program.
(c) (1) The requirement for submitting a report imposed under
subdivision (b) is inoperative on January 1, 2021, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (b) shall be
submitted in compliance with Section 9795 of the Government Code.