SB 1013: Mentally ill parolees: housing.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-04-26
(1)Existing law authorizes the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems, and requires the department to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law provides that an inmate or parolee is eligible for participation if he or she has a serious mental disorder, as defined, has been assigned a release date from state prison, and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies. Existing law requires a service provider to comply with specified requirements, including, among others, that the service provider has prior experience working with county or regional mental health programs.
This bill would require a service provider to also demonstrate an existing relationship with a supportive housing provider. The bill would specify that a program participant is not required to receive other services for mentally ill parolees as a condition of eligibility to receive rental assistance through the program. The bill would require a service provider to exercise due diligence in providing any mental health or other contracted services and to notify the department of a participants participation in those services. The bill would require a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined. The bill would also prohibit the department or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the persons parole.
(2)Existing law requires a service provider to identify and locate supportive housing opportunities prior to a program participants release from state prison or as quickly upon release from state prison as possible, or as quickly as possible when a program participant is identified during parole. Existing law requires a service provider to report specified information to the department, including the number of program participants served and the outcomes for program participants, including the number of participants who returned to state prison.
This bill would require a service provider to identify and locate supportive housing opportunities no later than 9 months after the program participant has agreed to participate in the program. The bill would require that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy. The bill would require a service provider to use a portion of the program payments received to provide interim housing, as defined. The bill would also require a service provider to report to the department the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail. The bill would also make technical, nonsubstantive, and clarifying changes.
(1)Existing law authorizes the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems, and requires the department to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law provides that an inmate or parolee is eligible for participation if he or she has a serious mental disorder, as defined, has been assigned a release date from state prison, and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies. Existing law requires a service provider to comply with specified requirements, including, among others, that the service provider has prior experience working with county or regional mental health programs.
This bill would require a service provider to also demonstrate an existing relationship with a supportive housing provider. The bill would specify that a program participant is not required to receive other services for mentally ill parolees as a condition of eligibility to receive rental assistance through the program. The bill would require a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined. The bill would also prohibit the department or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the persons parole.
(2)Existing law requires a service provider to identify and locate supportive housing opportunities prior to a program participants release from state prison or as quickly upon release from state prison as possible, or as quickly as possible when a program participant is identified during parole. Existing law requires a service provider to report specified information to the department, including the number of program participants served and the outcomes for program participants, including the number of participants who returned to state prison.
This bill would require a service provider to identify and locate supportive housing opportunities no later than 9 months after the program participant has agreed to participate in the program. The bill would require that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy. The bill would require a service provider to use a portion of the program payments received to provide interim housing, as defined. The bill would also require a service provider to report to the department the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail. The bill would also make technical, nonsubstantive, and clarifying changes.
(1)Existing law authorizes the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems, and requires the department to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law provides that an inmate or parolee is eligible for participation if he or she has a serious mental disorder, as defined, has been assigned a release date from state prison, and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies. Existing law requires a service provider to comply with specified requirements, including, among others, that the service provider has prior experience working with county or regional mental health programs.
This bill would require a service provider to also demonstrate an existing relationship with a supportive housing provider. The bill would specify that a program participant is not required to receive other services for mentally ill parolees as a condition of eligibility to receive rental assistance through the program. The bill would require a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined. The bill would also prohibit the department or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the persons parole.
(2)Existing law requires a service provider to identify and locate supportive housing opportunities prior to a program participants release from state prison or as quickly upon release from state prison as possible, or as quickly as possible when a program participant is identified during parole. Existing law requires a service provider to report specified information to the department, including the number of program participants served and the outcomes for program participants, including the number of participants who returned to state prison.
This bill would require a service provider to identify and locate supportive housing opportunities no later than 9 months after the program participant has agreed to participate in the program. The bill would require that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy. The bill would require a service provider to use a portion of the program payments received to provide interim housing, as defined. The bill would also require a service provider to report to the department the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail. The bill would also make technical, nonsubstantive, and clarifying changes.
Existing law requires the Secretary of the Department of Corrections and Rehabilitation to establish the Case Management Reentry Pilot Program for specified offenders, primarily eligible parolees, who are likely to benefit from a case management reentry strategy that is designed to address, among other things, homelessness and mental disorders.
This bill would state the intent of the Legislature to enact legislation that would expand mentally ill parolees access to supportive housing.
Existing law requires the Secretary of the Department of Corrections and Rehabilitation to establish the Case Management Reentry Pilot Program for specified offenders, primarily eligible parolees, who are likely to benefit from a case management reentry strategy that is designed to address, among other things, homelessness and mental disorders.
This bill would state the intent of the Legislature to enact legislation that would expand mentally ill parolees access to supportive housing.
The Legislature finds and declares all of the following:
(a)The Legislature passed, and the Governor signed, Senate Bill 1021 in 2012, which included direction to the Department of Corrections and Rehabilitation to create the Supportive Housing Program for Mentally Ill Parolees, pursuant to Section 3073 of the Penal Code. The program was intended to use funds budgeted for the Integrated Services for Mentally Ill Parolees (ISMIP) program to serve the purposes outlined in Senate Bill 1021.
(b)Since 2012, the budget has not referred to the program by name and funds have not been used for their legislatively intended purposes.
(c)It is the intent of the Legislature to strengthen the ISMIP program to ensure that the department promotes the evidence-based evidence-based, wraparound services, including rental subsidies in an amount adequate to allow mentally ill parolees experiencing homelessness or at risk of experiencing homelessness upon release from prison to obtain and maintain housing stability during and after the term of parole, thereby reducing recidivism among parolees with a history of homelessness.
(d)It is the intent of the Legislature that contracts the department enters into under the ISMIP program require contractors to target resources to parolees experiencing homelessness or offenders at risk of homelessness upon release. The contracts shall emphasize housing permanency and stability over food, clothing, and drop-in or day center services and shall require contractors to use a substantial portion of the contracted payment to provide rental assistance to obtain housing that is independent and integrated into the community.
(e)It is the intent of the Legislature that the Department of Corrections and Rehabilitation include the changes made in this act into contracts renewed or entered into for the ISMIP program on and after January 1, 2017.
SEC. 2.Section 2985 of the Penal Code is amended to read:2985.It is the intent of the Legislature in enacting this article to provide evidence-based, comprehensive mental health and supportive services, including housing subsidies, to parolees who suffer from mental illness and are either homeless or at risk of homelessness, in order to successfully reintegrate the parolees into the community, increase public safety, and reduce state costs of recidivism. It is further the intent of the Legislature to supplement existing parole outpatient clinic services by providing services to individuals who suffer from a severe mental illness, as defined in Section 5600.3 of the Welfare and Institutions Code, and who require services that cannot be provided by parole outpatient clinics, including services provided pursuant to Section 5806 of the Welfare and Institutions Code.
SEC. 3.Section 2985.1 of the Penal Code is amended to read:2985.1.For purposes of this article, the following definitions shall apply:
(a)Bridge rental assistance means rental assistance paid to participating landlords while the service provider and program participant seek permanent rental assistance that allows the program participant to remain in the same housing or, when feasible, allows the program participant to incur the full responsibility of paying rent through employment or benefits entitlement once parole ends.
(b)Department means the Department of Corrections and Rehabilitation.
(c)Fair market rent means the rent, including the cost of utilities other than telephone, as established by the United States Department of Housing and Urban Development, for units of varying sizes, as determined by the number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of a modest nature with suitable amenities.
(d)Homelessness has the same meaning as in Part 91 of Title 24 of the Code of Federal Regulations.
(e)Integrated Services for Mentally Ill Parolees program or ISMIP program means the program of supportive services and housing support provided by this article.
(f)Interim housing means a temporary residence in which a program participant resides, for a period not to exceed nine months, while waiting to move into permanent housing. Interim housing may include housing that is paid for using motel vouchers or housing in which a program participant resides for the purpose of receiving recuperative care.
(g)Likely to become homeless upon release or at risk of homelessness means the individual has a history of homelessness and he or she satisfies both of the following criteria:
(1)The individual has not identified a fixed, regular, and adequate nighttime residence for release.
(2)The individuals only identified nighttime residence for release includes a supervised, publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place not designed for, or not ordinarily used as, regular sleeping accommodations for human beings.
(h)Supportive housing has the same meaning set forth in subdivision (b) of Section 50675.14 of the Health and Safety Code, and that, in addition, is decent, safe, and affordable.
SEC. 4.Section 2985.2 of the Penal Code is amended to read:2985.2.(a)Pursuant to Section 3073, the department shall provide a supportive housing program that provides wraparound services to mentally ill parolees who are either homeless or at risk of homelessness using funding appropriated by the Legislature for the ISMIP program.
(b)A service provider participating in this program shall comply with all of the following:
(1)Provide services and treatment based on evidence-based practices.
(2)Demonstrate that the program reduces recidivism and homelessness among program participants.
(3) Have prior experience working with county or regional mental health programs.
(4)Demonstrate existing relationships with a supportive housing provider.
(c)(1)An inmate or parolee is eligible to participate in this program if all of the following apply:
(A)He or she has a serious mental disorder as defined in Section 5600.3 of the Welfare and Institutions Code and as identified by the department, and he or she has a history of mental health treatment in the prisons mental health services delivery system or in a parole outpatient clinic.
(B)The inmate or parolee voluntarily chooses to participate.
(C)Either of the following applies:
(i)He or she has been assigned a date of release within 60 to 180 days and is likely to become homeless upon release.
(ii)He or she is currently a homeless parolee.
(2)First priority for the program shall be given to the lowest functioning offenders in prison, as identified by the department, who are likely to become homeless upon release.
(d)A service provider shall exercise due diligence in providing any mental health or other contracted services pursuant to Section 2985.3 and shall notify the department of an individuals participation in such services. A parolee is not required to receive other ISMIP services as a condition of eligibility to receive rental assistance pursuant to this article.
SEC. 5.Section 2985.3 of the Penal Code is amended to read:2985.3.(a)A service provider shall offer services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability while the program participant is on parole, to enable the program participant to comply with the terms of parole, and to augment mental health services provided to the program participant. The services shall be offered to a program participant in his or her home, or shall be made as easily accessible to the program participant as possible and shall include, but are not limited to, all of the following:
(1)Case management services.
(2)Parole discharge planning.
(3)Housing location services, and, if needed, move-in cost assistance.
(4)Rental subsidies that are equal to or greater than fair market rent.
(5)Linkage to other services, such as vocational, educational, and employment services, as needed.
(6)Benefit entitlement application and appeal assistance.
(7)Transportation assistance to obtain services and health care needed.
(8)Assistance obtaining appropriate identification.
(b)For a program participant identified prior to release from state prison, upon the service providers receipt of referral and in collaboration with the parole agent and, if appropriate, staff, the intake coordinator or case manager of the service provider shall, when possible:
(1)Receive all prerelease assessments and discharge plans.
(2)Draft a plan for the program participants transition into housing that serves the program participants needs and that demonstrates a clear transition pathway to permanent, independent, and affordable housing. Housing options shall include permanent supportive housing and interim housing, as necessary, while the program participant awaits placement into supportive housing.
(3)Engage the program participant to actively participate in services upon release.
(4)Assist in obtaining identification for the program participant, if necessary.
(5)Assist in applying for any benefits for which the program participant is eligible.
(c)(1)To facilitate the transition of a program participant identified prior to release into the community and a program participant identified during parole into supportive housing, a service provider shall, on an ongoing basis, but not less than quarterly, assess each program participants needs and include in each program participants assessment a plan to foster independence and continued residence in the same permanent housing when his or her parole is complete.
(2)Upon referral to the service provider, the service provider shall work to transition a program participant from the departments rental assistance to other mainstream rental assistance benefits if those benefits are necessary to enable the program participant to remain in stable housing, and shall prioritize transitioning the program participant to these benefits in a manner that allows the program participant to remain housed, when possible, without moving. Mainstream rental assistance benefits may include, but are not limited to, federal Housing Choice Voucher assistance, Department of Housing and Urban Development-Veterans Affairs Supportive Housing vouchers, or other rental assistance programs.
(3)The program participants parole discharge plan and the assessments shall consider the need for, and prioritize linkage to, county mental health services and housing opportunities that are supported by the Mental Health Services Act, the Mental Health Services Act Housing Program, or other funding sources that finance permanent supportive housing for persons with mental illness, so that the program participant may continue to achieve all recovery goals of the program and remain permanently housed when his or her parole is complete.
(4)The department and service providers shall not limit the bridge rental assistance made available to the program participant, except to the term of the program participants parole. The program participant shall be allowed to remain in the same housing after the bridge rental assistance ends, so long as he or she complies with the terms of the lease.
SEC. 6.Section 2985.4 of the Penal Code is amended to read:2985.4.(a)A service provider shall identify and locate supportive housing opportunities for a program participant prior to his or her release from state prison or as quickly upon his or her release from state prison as possible, or as quickly as possible after the program participant is identified during parole, but in no case later than nine months after the program participant agrees to participate in the ISMIP program.
(b)Housing identified pursuant to subdivision (a) shall satisfy all of the following:
(1)The housing is located in an apartment building, single-room occupancy buildings, townhouses, or single-family homes, including rent-subsidized apartments leased in the open market or set aside within privately owned buildings.
(2)The housing is not subject to community care licensing requirements or is exempt from licensing under Section 1504.5 of the Health and Safety Code.
(3)A program participant living in supportive housing shall have a lease and be subject to the rights and responsibilities of tenancy.
(c)A service provider shall use a portion of the ISMIP payments received from the department to identify and offer the program participant interim housing while the program participant is waiting to obtain appropriate permanent rental housing and to complete documentation and paperwork needed to move the program participant into the rental housing.
(d)If a service provider operates in a county that utilizes homeless coordinated assessment and entry systems, the service provider shall offer ISMIP program payments and housing assistance to parolees who qualify for the ISMIP program through those systems.
(e)A service provider may use ISMIP program payments to support a housing specialist position to work with lessors, affordable and for-profit housing developers, public housing authorities, and other housing providers to identify and secure affordable rental housing for program participants.
SEC. 7.Section 2985.5 of the Penal Code is amended to read:2985.5.(a)A service provider shall report to the department regarding the intended outcomes of the program, including all of the following:
(1)The number of program participants served.
(2)The types of services that were provided to program participants.
(3)The outcomes for program participants, including the number who are living independently, the number who remain in or moved to permanent housing, the number who ceased to participate in the program, the number who returned to state prison, and the number who were arrested and are residing in county jail.
(4)The number of program participants who successfully completed parole and transitioned to county mental health programs.
(5)The percentage of program participants currently living in permanent housing.
(b)The department shall prepare an analysis of the costs of the supportive housing program in comparison to the cost savings to the state as a result of reduced recidivism rates by program participants using the information provided pursuant to subdivision (a). This analysis shall exclude from consideration any federal funds provided for services while the program participant is on parole in order to ensure that the analysis accurately reflects only the costs to the state for the services provided to program participants.
(c)The department shall annually submit, on or before February 1, the information collected pursuant to subdivision (a) and the analysis prepared pursuant to subdivision (b) to the chairs of the Joint Legislative Budget Committee, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Public Safety, the Senate Committee on Transportation and Housing, and the Assembly Committee on Housing and Community Development.
The Legislature finds and declares all of the following:
(a)The Legislature passed, and the Governor signed, Senate Bill 1021 in 2012, which included direction to the Department of Corrections and Rehabilitation to create the Supportive Housing Program for Mentally Ill Parolees, pursuant to Section 3073 of the Penal Code. The program was intended to use funds budgeted for the Integrated Services for Mentally Ill Parolees (ISMIP) program to serve the purposes outlined in Senate Bill 1021.
(b)Since 2012, the budget has not referred to the program by name and funds have not been used for their legislatively intended purposes.
(c)It is the intent of the Legislature to strengthen the ISMIP program to ensure that the department promotes the evidence-based wrap-around wraparound services, including rental subsidies in an amount adequate to allow mentally ill parolees experiencing homelessness or at risk of experiencing homelessness upon release from prison to obtain and maintain housing stability during and after the term of parole, thereby reducing recidivism among parolees with a history of homelessness.
(d)It is the intent of the Legislature that contracts the department enters into under the ISMIP program require contractors to target resources to parolees experiencing homelessness or offenders a at risk of homelessness upon release. The contracts shall emphasize housing permanency and stability over food, clothing, and drop-in or day center services and shall require contractors to use a substantial portion of the contracted payment to provide rental assistance to obtain housing that is independent and integrated into the community.
(e)It is the intent of the Legislature that the Department of Corrections and Rehabilitation include the changes made in this act into contracts renewed or entered into for the ISMIP program on and after January 1, 2017.
SEC. 2.Section 2985 of the Penal Code is amended to read:2985.It is the intent of the Legislature in enacting this article to provide evidence-based, comprehensive mental health and supportive services, including housing subsidies, to parolees who suffer from mental illness and are either homeless or at risk of homelessness, in order to successfully reintegrate the parolees into the community, increase public safety, and reduce state costs of recidivism. It is further the intent of the Legislature to supplement existing parole outpatient clinic services by providing services to individuals who suffer from a severe mental illness, as defined in Section 5600.3 of the Welfare and Institutions Code, and who require services that cannot be provided by parole outpatient clinics, including services provided pursuant to Section 5806 of the Welfare and Institutions Code.
SEC. 3.Section 2985.1 of the Penal Code is amended to read:2985.1.For purposes of this article, the following definitions shall apply:
(a)Bridge rental assistance means rental assistance paid to participating landlords while the service provider and program participant seek permanent rental assistance that allows the program participant to remain in the same housing or, when feasible, allows the program participant to incur the full responsibility of paying rent through employment or benefits entitlement once parole ends.
(b)Department means the Department of Corrections and Rehabilitation.
(c)Fair market rent means the rent, including the cost of utilities other than telephone, as established by the federal United States Department of Housing and Urban Development, for units of varying sizes, as determined by the number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of a modest nature with suitable amenities.
(d)Homelessness has the same meaning as in Part 91 of Title 24 of the Code of Federal Regulations.
(e)Integrated Services for Mentally Ill Parolees program or ISMIP program means the program of supportive services and housing support provided by this article.
(f)Interim housing means a temporary residence in which a program participant resides, for a period not to exceed nine months, while waiting to move into permanent housing. Interim housing may include housing that is paid for using motel vouchers or housing in which a program participant resides for the purpose of receiving recuperative care.
(g)Likely to become homeless upon release or at risk of homelessness means the individual has a history of homelessness and he or he she satisfies both of the following criteria:
(1)The individual has not identified a fixed, regular, and adequate nighttime residence for release.
(2)The individuals only identified nighttime residence for release includes a supervised, publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place not designed for, or not ordinarily used as, regular sleeping accommodations for human beings.
(h)Supportive housing has the same meaning set forth in subdivision (b) of Section 50675.14 of the Health and Safety Code, and that, in addition, is decent, safe, and affordable.
SEC. 4.Section 2985.2 of the Penal Code is amended to read:2985.2.(a)Pursuant to Section 3073, the department shall provide a supportive housing program that provides wraparound services to mentally ill parolees who are either homeless or at risk of homelessness using funding appropriated by the Legislature for the ISMIP program.
(b)A service provider participating in this program shall comply with all of the following:
(1)Provide services and treatment based on best practices. evidence-based practices.
(2)Demonstrate that the program reduces recidivism and homelessness among program participants.
(3) Have prior experience working with county or regional mental health programs.
(4)Demonstrate existing relationships with a supportive housing provider.
(c)(1)An inmate or parolee is eligible to participate in this program if all of the following apply:
(A)He or she has a serious mental disorder as defined in Section 5600.3 of the Welfare and Institutions Code and as identified by the department, and he or she has a history of mental health treatment in the prisons mental health services delivery system or in a parole outpatient clinic.
(B)The inmate or parolee voluntarily chooses to participate.
(C)Either of the following applies:
(i)He or she has been assigned a date of release within 60 to 180 days and is likely to become homeless upon release.
(ii)He or she is currently a homeless parolee.
(2)First priority for the program shall be given to the lowest functioning offenders in prison, as identified by the department, who are likely to become homeless upon release.
(d)A parolee is not required to receive other ISMIP services as a condition of eligibility to receive rental assistance pursuant to this article.
SEC. 5.Section 2985.3 of the Penal Code is amended to read:2985.3.(a)A service provider shall offer services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability while the program participant is on parole, to enable the program participant to comply with the terms of parole, and to augment mental health services provided to the program participant. The services shall be offered to a program participant in his or her home, or shall be made as easily accessible to the program participant as possible and shall include, but are not limited to, all of the following:
(1)Case management services.
(2)Parole discharge planning.
(3)Housing location services, and, if needed, move-in cost assistance.
(4)Rental subsidies that are equal to or greater than fair market rent.
(5)Linkage to other services, such as vocational, educational, and employment services, as needed.
(6)Benefit entitlement application and appeal assistance.
(7)Transportation assistance to obtain services and health care needed.
(8)Assistance obtaining appropriate identification.
(b)For a program participant identified prior to release from state prison, upon the service providers receipt of referral and in collaboration with the parole agent and, if appropriate, staff, the intake coordinator or case manager of the service provider shall, when possible:
(1)Receive all prerelease assessments and discharge plans.
(2)Draft a plan for the program participants transition into housing that serves the program participants needs and that demonstrates a clear transition pathway to permanent, independent, and affordable housing. Housing options shall include permanent supportive housing and interim housing, as necessary, while the program participant awaits placement into supportive housing.
(3)Engage the program participant to actively participate in services upon release.
(4)Assist in obtaining identification for the program participant, if necessary.
(5)Assist in applying for any benefits for which the program participant is eligible.
(c)(1)To facilitate the transition of a program participant identified prior to release into the community and a program participant identified during parole into supportive housing, a service provider shall, on an ongoing basis, but not less than quarterly, assess each program participants needs and include in each program participants assessment a plan to foster independence and continued residence in the same permanent housing when his or her parole is complete.
(2)Upon referral to the service provider, the service provider shall work to transition a program participant from the departments rental assistance to other mainstream rental assistance benefits if those benefits are necessary to enable the program participant to remain in stable housing, and shall prioritize transitioning the program participant to these benefits in a manner that allows the program participant to remain housed, when possible, without moving. Mainstream rental assistance benefits may include, but are not limited to, federal Housing Choice Voucher assistance, Department of Housing and Urban Development-Veterans Affairs Supportive Housing vouchers, or other rental assistance programs.
(3)The program participants parole discharge plan and the assessments shall consider the need for, and prioritize linkage to, county mental health services and housing opportunities that are supported by the Mental Health Services Act, the Mental Health Services Act Housing Program, or other funding sources that finance permanent supportive housing for persons with mental illness, so that the program participant may continue to achieve all recovery goals of the program and remain permanently housed when his or her parole is complete.
(4)The department and service providers shall not limit the bridge rental assistance made available to the program participant, except to the term of the program participants parole. The program participant shall be allowed to remain in the same housing after the bridge rental assistance ends, so long as he or she complies with the terms of the lease.
SEC. 6.Section 2985.4 of the Penal Code is amended to read:2985.4.(a)A service provider shall identify and locate supportive housing opportunities for a program participant prior to his or her release from state prison or as quickly upon his or her release from state prison as possible, or as quickly as possible after the program participant is identified during parole, but in no case later than nine months after the program participant agrees to participate in the ISMIP program.
(b)Housing identified pursuant to subdivision (a) shall satisfy all of the following:
(1)The housing is located in an apartment building, single-room occupancy buildings, townhouses, or single-family homes, including rent-subsidized apartments leased in the open market or set aside within privately owned buildings.
(2)The housing is not subject to community care licensing requirements or is exempt from licensing under Section 1504.5 of the Health and Safety Code.
(3)A program participant living in supportive housing shall have a lease and be subject to the rights and responsibilities of tenancy.
(c)A service provider shall use a portion of the ISMIP payments received from the department to identify and offer the program participant interim housing while the program participant is waiting to obtain appropriate permanent rental housing and to complete documentation and paperwork needed to move the program participant into the rental housing.
(d)If a service provider operates in a county that utilizes homeless coordinated assessment and entry systems, the service provider shall offer ISMIP program payments and housing assistance to parolees who qualify for the ISMIP program through those systems.
(e)A service provider may use ISMIP program payments to support a housing specialist position to work with lessors, affordable and for-profit housing developers, public housing authorities, and other housing providers to identify and secure affordable rental housing for program participants.
SEC. 7.Section 2985.5 of the Penal Code is amended to read:2985.5.(a)A service provider shall report to the department regarding the intended outcomes of the program, including all of the following:
(1)The number of program participants served.
(2)The types of services that were provided to program participants.
(3)The outcomes for program participants, including the number who are living independently, the number who remain in or moved to permanent housing, the number who ceased to participate in the program, the number who returned to state prison, and the number who were arrested and are residing in county jail.
(4)The number of program participants who successfully completed parole and transitioned to county mental health programs.
(5)The percentage of program participants currently living in permanent housing.
(b)The department shall prepare an analysis of the costs of the supportive housing program in comparison to the cost savings to the state as a result of reduced recidivism rates by program participants using the information provided pursuant to subdivision (a). This analysis shall exclude from consideration any federal funds provided for services while the program participant is on parole in order to ensure that the analysis accurately reflects only the costs to the state for the services provided to program participants.
(c)The department shall annually submit, on or before February 1, the information collected pursuant to subdivision (a) and the analysis prepared pursuant to subdivision (b) to the chairs of the Joint Legislative Budget Committee, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Public Safety, the Senate Committee on Transportation and Housing, and the Assembly Committee on Housing and Community Development.
The Legislature finds and declares all of the following:
(a)The Legislature passed, and the Governor signed, Senate Bill 1021 in 2012, which included direction to the Department of Corrections and Rehabilitation to create the Supportive Housing Program for Mentally Ill Parolees, pursuant to Section 3073 of the Penal Code. The program was intended to use funds budgeted for the Integrated Services for Mentally-Ill Parolees (ISMIP) program to serve the purposes outlined in Senate Bill 1021.
(b)Since 2012, the budget has not referred to the program by name and funds have not been used for their legislatively intended purposes.
(c)It is the intent of the Legislature to strengthen the ISMIP program to ensure that the department promotes the evidence-based wrap-around services, including rental subsidies in an amount adequate to allow mentally ill parolees experiencing homelessness or at risk of experiencing homelessness upon release from prison to obtain and maintain housing stability during and after the term of parole, thereby reducing recidivism among parolees with a history of homelessness.
(d)It is the intent of the Legislature that contracts the department enters into under the ISMIP program require contractors to target resources to parolees experiencing homelessness or offenders a risk of homelessness upon release. The contracts shall emphasize housing permanency and stability over food, clothing, and drop-in or day center services and shall require contractors to use a substantial portion of the contracted payment to provide rental assistance to obtain housing that is independent and integrated into the community.
(e)It is the intent of the Legislature that the Department of Corrections and Rehabilitation include the changes made in this act into contracts renewed or entered into for the ISMIP program on and after January 1, 2017.
SEC. 2.Section 2985 of the Penal Code is amended to read:2985.It is the intent of the Legislature in enacting this article to provide evidence-based, comprehensive mental health and supportive services, including housing subsidies, to parolees who suffer from mental illness and are either homeless or at risk of homelessness, in order to successfully reintegrate the parolees into the community, increase public safety, and reduce state costs of recidivism. It is further the intent of the Legislature to supplement existing parole outpatient clinic services by providing services to individuals who suffer from a severe mental illness, as defined in Section 5600.3 of the Welfare and Institutions Code, and who require services that cannot be provided by parole outpatient clinics, including services provided pursuant to Section 5806 of the Welfare and Institutions Code.
SEC. 3.Section 2985.1 of the Penal Code is amended to read:2985.1.For purposes of this article, the following definitions shall apply:
(a)Bridge rental assistance means rental assistance paid to participating landlords while the service provider and program participant seek permanent rental assistance that allows the program participant to remain in the same housing or, when feasible, allows the program participant to incur the full responsibility of paying rent through employment or benefits entitlement once parole ends.
(a)
(b)Department means the Department of Corrections and Rehabilitation.
(c)Fair market rent means the rent, including the cost of utilities other than telephone, as established by the federal Department of Housing and Urban Development, for units of varying sizes, as determined by the number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of a modest nature with suitable amenities.
(d)Homelessness has the same meaning as in Part 91 of Title 24 of the Code of Federal Regulations.
(e)Integrated Services for Mentally Ill Parolees program or ISMIP program means the program of supportive services and housing support provided by this article.
(f)Interim housing means a temporary residence in which a program participant resides, for a period not to exceed nine months, while waiting to move into permanent housing. Interim housing may include housing that is paid for using motel vouchers or housing in which a program participant resides for the purpose of receiving recuperative care.
(g)Likely to become homeless upon release or at risk of homelessness means the individual has a history of homelessness and he or he satisfies both of the following criteria:
(1)The individual has not identified a fixed, regular, and adequate nighttime residence for release.
(2)The individuals only identified nighttime residence for release includes a supervised, publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place not designed for, or not ordinarily used as, regular sleeping accommodations for human beings.
(b)
(h)Supportive housing has the same meaning set forth in subdivision (b) of Section 50675.14 of the Health and Safety Code, and that, in addition, is decent, safe, and affordable.
(c)Transitional housing has the same meaning set forth in subdivision (h) of Section 50675.2 of the Health and Safety Code, and that, in addition, is decent, safe, and affordable.
SEC. 4.Section 2985.2 of the Penal Code is amended to read:2985.2.(a)Pursuant to Section 3073, the Department of Corrections and Rehabilitation department shall provide a supportive housing program that provides wraparound services to mentally ill parolees who are either homeless or at risk of homelessness using funding appropriated by the Legislature for that purpose. the ISMIP program.
(b)Providers A service provider participating in this program shall comply with all of the following:
(1)Provide services and treatment based on best practices.
(2)Demonstrate that the program reduces recidivism and homelessness among program participants.
(3) Have prior experience working with county or regional mental health programs.
(4)Demonstrate existing relationships with a supportive housing provider.
(c)(1)An inmate or parolee is eligible for participation to participate in this program if all of the following are applicable: apply:
(A)He or she has a serious mental disorder as defined in Section 5600.3 of the Welfare and Institutions Code and as identified by the department, and he or she has a history of mental health treatment in the prisons mental health services delivery system or in a parole outpatient clinic.
(B)The inmate or parolee voluntarily chooses to participate.
(C)Either of the following applies:
(i)He or she has been assigned a date of release within 60 to 180 days and is likely to become homeless upon release.
(ii)He or she is currently a homeless parolee.
(2)First priority for the program shall be given to the lowest functioning offenders in prison, as identified by the department, who are likely to become homeless upon release.
(3)For purposes of this subdivision, a person is likely to become homeless upon release if he or she has a history of homelessness as that term is used in Section 11302(a) of Title 42 of the United States Code and if he or she satisfies both of the following criteria:
(A)He or she has not identified a fixed, regular, and adequate nighttime residence for release.
(B)His or her only identified nighttime residence for release includes a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place not designed for, or is not ordinarily used as, a regular sleeping accommodation for human beings.
(d)A parolee is not required to receive other ISMIP services as a condition of eligibility to receive rental assistance pursuant to this article.
SEC. 5.Section 2985.3 of the Penal Code is amended to read:2985.3.(a)Each A service provider shall offer services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability while participants are the program participant is on parole, to enable the parolee program participant to comply with the terms of parole, and to augment mental health treatment services provided to other parolees. the program participant. The services shall be offered to participants in their a program participant in his or her home, or shall be made as easily accessible to participants the program participant as possible and shall include, but are not limited to, all of the following:
(1)Case management services.
(2)Parole discharge planning.
(3)Housing location services, and, if needed, move-in cost assistance.
(4)Rental subsidies. subsidies that are equal to or greater than fair market rent.
(5)Linkage to other services, such as vocational, educational, and employment services, as needed.
(6)Benefit entitlement application and appeal assistance.
(7)Transportation assistance to obtain services and health care needed.
(8)Assistance obtaining appropriate identification.
(b)For participants a program participant identified prior to release from state prison, upon the service providers receipt of referral and, and in collaboration with the parole agent and, if appropriate, staff, the intake coordinator or case manager of the service provider shall, when possible:
(1)Receive all prerelease assessments and discharge plans.
(2)Draft a plan for the program participants transition into housing that serves the program participants needs and is affordable, such as permanent supportive housing, or a transitional housing program that includes support services and demonstrates a clear transition pathway to permanent housing. that demonstrates a clear transition pathway to permanent, independent, and affordable housing. Housing options shall include permanent supportive housing and interim housing, as necessary, while the program participant awaits placement into supportive housing.
(3)Engage the program participant to actively participate in services upon release.
(4)Assist in obtaining identification for the program participant, if necessary.
(5)Assist in applying for any benefits for which the program participant is eligible.
(c)(1)To facilitate the transition of participants a program participant identified prior to release into the community and participants a program participant identified during parole into supportive housing, each a service provider shall, on an ongoing basis, but not less than quarterly, assess each program participants needs and include in each program participants assessment a plan to foster independence and a continued residence in the same permanent housing once when his or her parole is complete.
(2)Upon referral to the service provider, the service provider shall work to transition participants a program participant from the departments rental assistance to other mainstream rental assistance benefits if those benefits are necessary to enable the program participant to remain in stable housing, and shall prioritize transitioning participants the program participant to these benefits in a manner that allows participants the program participant to remain housed, when possible, without moving. Mainstream rental assistance benefits may include, but are not limited to, federal Housing Choice Voucher assistance, Department of Housing and Urban Development-Veterans Affairs Supportive Housing vouchers, or other rental assistance programs.
(3)The program participants parole discharge plan and the assessments shall consider the need for for, and prioritize linkage to to, county mental health services and housing opportunities that are supported by the Mental Health Services Act, the Mental Health Services Act Housing Program, or other funding sources that finance permanent supportive housing for persons with mental illness, so that the program participant may continue to achieve all recovery goals of the program and remain permanently housed once the term of parole ends. when his or her parole is complete.
(4)The department and service providers shall not limit the bridge rental assistance made available to the program participant, except to the term of the program participants parole. The program participant shall be allowed to remain in the same housing after the bridge rental assistance ends, so long as he or she complies with the terms of the lease.
SEC. 6.Section 2985.4 of the Penal Code is amended to read:2985.4.(a)Providers A service provider shall identify and locate supportive housing and transitional housing opportunities for participants a program participant prior to his or her release from state prison or as quickly upon his or her release from state prison as possible, or as quickly as possible when participants are after the program participant is identified during parole. parole, but in no case later than nine months after the program participant agrees to participate in the ISMIP program.
(b)Housing identified pursuant to subdivision (a) shall satisfy both all of the following:
(1)The housing is located in an apartment building, single-room occupancy buildings, townhouses, or single-family homes, including rent-subsidized apartments leased in the open market or set aside within privately owned buildings.
(2)The housing is not subject to community care licensing requirements or is exempt from licensing under Section 1504.5 of the Health and Safety Code.
(3)A program participant living in supportive housing shall have a lease and be subject to the rights and responsibilities of tenancy.
(c)A service provider shall use a portion of the ISMIP payments received from the department to identify and offer the program participant interim housing while the program participant is waiting to obtain appropriate permanent rental housing and to complete documentation and paperwork needed to move the program participant into the rental housing.
(d)If a service provider operates in a county that utilizes homeless coordinated assessment and entry systems, the service provider shall offer ISMIP program payments and housing assistance to parolees who qualify for the ISMIP program through those systems.
(e)A service provider may use ISMIP program payments to support a housing specialist position to work with lessors, affordable and for-profit housing developers, public housing authorities, and other housing providers to identify and secure affordable rental housing for program participants.
SEC. 7.Section 2985.5 of the Penal Code is amended to read:2985.5.(a)Each A service provider shall report to the department regarding the intended outcomes of the program, including all of the following:
(1)The number of program participants served.
(2)The types of services that were provided to program participants.
(3)The outcomes for program participants, including the number who graduated to independent living, are living independently, the number who remain in or moved to permanent housing, the number who ceased to participate in the program, and the number who returned to state prison. prison, and the number who were arrested and are residing in county jail.
(4)The number of program participants who successfully completed parole and transitioned to county mental health programs.
(5)The percentage of program participants currently living in permanent housing.
(b)The department shall prepare an analysis of the costs of the supportive housing program in comparison to the cost savings to the state as a result of reduced recidivism rates by program participants using the information provided pursuant to subdivision (a). This analysis shall exclude from consideration any federal funds provided for services while the program participant is on parole in order to ensure that the analysis accurately reflects only the costs to the state for the services provided to program participants.
(c)The department shall annually submit, on or before February 1, the information collected pursuant to subdivision (a) and the analysis prepared pursuant to subdivision (b) to the chairs of the Joint Legislative Budget Committee, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Public Safety, the Senate Committee on Transportation and Housing, and the Assembly Committee on Housing and Community Development.
SECTION 1.It is the intent of the Legislature to enact legislation that would expand mentally ill parolees access to supportive housing.
It is the intent of the Legislature to enact legislation that would expand mentally ill parolees access to supportive housing.
|
Date
|
Status
|
|---|---|
| Feb 11, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Feb 12, 2016 | From printer. May be acted upon on or after March 13. |
| Feb 25, 2016 | Referred to Com. on RLS. |
| Mar 17, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 31, 2016 | Re-referred to Com. on PUB. S. |
| Apr 7, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Apr 7, 2016 | Set for hearing April 19. |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3612.) (April 19). |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (April 19). |
| Apr 26, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 29, 2016 | Set for hearing May 9. |
| May 9, 2016 | May 9 hearing: Placed on APPR. suspense file. |
| May 20, 2016 | Set for hearing May 27. |
| May 27, 2016 | May 27 hearing: Held in committee and under submission. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 9, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 19, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1013 (Beall) - Mentally ill parolees: housing
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1013 would require service providers in the Integrated Services for Mentally Ill Parolees (ISMIP) program to provide participants with appropriate permanent supportive housing and interim housing, as necessary, and specifies that these services shall be provided using funding appropriated by the Legislature for the ISMIP program. This bill states the intent of the Legislature that the Department of Corrections and Rehabilitation (CDCR) incorporate the changes made by this bill into contracts renewed or entered into for the ISMIP program on and after January 1, 2017.
Fiscal Impact:
- ISMIP program: Major future increase in ISMIP program expenditures, potentially increasing by up to $6.4 million (General Fund) annually assuming the program operates at capacity to provide supportive and interim housing for parolees at fair market rent and to provide support for a housing specialist position for each existing provider. To the extent the program operates at 50 percent of program capacity, the estimated additional program costs would be covered within existing funds budgeted for the ISMIP program. To the extent utilization rates are significantly higher or lower, total program costs and the impact of this measure would adjust accordingly.
ISMIP program | Funding |
2016-17 Budget Act | $13.3 million |
Projected annual expenditures | $8.3 million |
Projected unspent funds | $5.0 million |
SB 1013 projection | $3.6 million - $6.4 million |
Net impact | ±$1.4 million |
To the extent ISMIP program expenditures exceed the annual allocated amount in future years, in the absence of an increase to ISMIP program funding provided for in the annual Budget Act , program costs could potentially be shifted away from the provision of existing treatment and crisis care services to meet the mandated provider requirements.
- CDCR administration: Potentially moderate one-time costs (General Fund) for additional administrative workload related to the revision of provider contracts to reflect the requirements in this bill.
Background:
Existing law authorizes the CDCR to obtain day treatment, and contract for crisis care for parolees with mental health problems. Existing law provides that day treatment and crisis care services should be designed to reduce parolee recidivism. Existing law requires CDCR to work with counties to obtain day treatment and crisis care services for parolees with the goal of extending the services upon completion of the offender’s period of parole, if needed. (Penal Code (PC) § 3073.)
Pursuant to the provisions of SB 1021 (Committee on Budget and Fiscal Review) Chapter 41/2012, the public safety trailer bill, CDCR established the Supportive Housing Program for Mentally Ill Parolees to provide wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. (PC § 2985 et seq.)
Under the program, an inmate or parolee is eligible for participation if he or she has a serious mental disorder, as specified, has been assigned a release date from state prison, and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsides. Additionally, existing law requires providers to report specified information to the CDCR, including the number of participants served and the outcomes for participants. CDCR, in turn, is required to prepare an analysis of the information and annually submit a report to the Legislature.
Proposed Law:
This bill would amend existing provisions of the Supportive Housing Program for Mentally Ill Parolees, as follows:
- Clarifies that CDCR shall provide a supportive housing program that provides wraparound services to mentally ill parolees who are homeless, in addition to those who are at risk of homelessness.
- Specifies housing supports shall be provided using funds appropriated by the Legislature for the ISMIP program, instead of funding appropriated specifically for the purpose of the supportive housing program.
- Requires a service provider in the program for mentally ill parolees to demonstrate an existing relationship with a supportive housing provider.
- Requires a service provider to exercise due diligence in providing any mental health or other contracted services, as provided, and requires the provider to notify the CDCR of an individual’s participation in such services.
- Specifies that a parolee participant is not required to receive other ISMIP services as a condition of eligibility to receive rental assistance through the program.
- Requires a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined.
- Prohibits the CDCR or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the person’s parole.
- Requires a service provider to identify and locate supportive housing opportunities no later than nine months after the program participant has agreed to participate in the program.
- Requires that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy.
- Requires a service provider to use a portion of the ISMIP program payments received from CDCR to provide interim housing, as defined.
- Authorizes a service provider to use ISMIP program payments to support a housing specialist position to work with lessors, affordable and for-profit housing developers, public housing authorities, and other housing providers to identify and secure affordable rental housing for program participants.
- In addition to the information already reported to the CDCR, requires a service provider to report to the CDCR the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail.
- Includes uncodified legislative findings and declarations, including but not limited to, stating legislative intent that the CDCR include the changes made in this act into contracts renewed or entered into for the ISMIP program on and after January 1, 2017.
Prior Legislation:
SB 1021 (Committee on Budget and Fiscal Review) Chapter 41/2012, among its numerous provisions, created the Supportive Housing Program for Mentally Ill Parolees, to provide wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 1013 Hearing Date: April 19, 2016
Author: | Beall | ||
Version: | April 7, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | JM | ||
Subject: Mentally Ill Parolees: Housing
HISTORY
Source: Coalition for Supportive Housing
Prior Legislation: SB 1021 (Comm. on Budget) – Ch. 41, Stats. 2012
Support: California Attorneys for Criminal Justice; California Catholic Conference; Disability Rights California; County Behavioral Health Directors
Opposition: None known
PURPOSE
The purpose of this bill is to require service providers in the Integrated Services for Mentally Ill Parolees (ISMIP) program to provide parolee participants with adequate housing and related assistance, including a path to permanent housing and independent living, as part of the Supportive Housing Program for Mentally Ill Prisoners.
Existing law authorizes California Department of Corrections and Rehabilitation (CDCR) to obtain day treatment, and contract for crisis care for parolees with mental health problems. “Day treatment and crisis care services should be designed to reduce parolee recidivism.” CDCR shall work with counties to extend mental health services to former parolees who need such services. (Pen. Code § 3073.)
Existing law defines a “serious mental disorder” as a “disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. (Welf. & Inst. Code § 5600.3, subd. (b).)
Existing law provides that in the Integrated Supportive Housing Program for Mentally Ill Parolees CDCR shall, with designated funds, provide supportive housing services for parolees with serious mental parolee disorders who are at risk of becoming homeless. (Pen. Code § 2985-2985.5.)
Existing law provides that an eligible inmate or parolee shall have a serious mental disorder, as defined, and a history of mental health treatment in the prison system. He or she must either be a homeless parolee or an inmate pending release who is likely to be homeless upon release and voluntarily participate. (Pen. Code § 2985.2, subd. (b).)
Existing law requires a service provider offer services for parolees to maintain health and housing stability and comply with parole conditions; and providers shall augment services to other parolees. Services for parolees must include:
- Case management;
- Parole discharge planning;
- Housing location and, if necessary, move-in cost assistance;
- Rental subsidies;
- Linkage to vocational education and employment services;
- Transportation assistance to obtain services and healthcare;
- Assistance in obtaining identification; and
- Assistance in entitlement applications and appeals (Pen. Code § 2985.3)
Existing law requires that for eligible inmates pending release, the provider shall collaborate with a participant’s parole agent and case manager or intake coordinator, as specified, to do the following:
- Receive prelease assessments and discharge plan.
- Draft plan for housing to meet the parolee’s needs and resources, including support services and path to permanent housing.
- Engage the parolee to actively participate in services.
Assist him or her to obtain identification and benefits. (Pen. Code § 2985.3, subd. (b).)
Existing law requires the service provider to do the following to facilitate the parolees transition into the community to do the following:
- At least quarterly, assess a participant’s needs and include in the assessment a plan for permanent housing after parole.
- Transition participants from CDCR rental assistance into mainstream rental assistance, such as specified federal programs, if necessary for the parolee to remain in stable housing.
- Include in the parole discharge plan the need for linkage to county mental health services and housing services supported by specified legislation and other funding sources for permanent housing for permanent housing for the mentally ill. (Pen. Code § 2985.3, subd. (c).
Existing law requires providers to identify and locate supportive housing and transitional housing for participants before release or as soon as possible upon release. (Pen. Code § 2985.4.)
Existing law requires providers to report to CDCR as follows:
- Number of participants served and types of services provided.
- Outcomes, including those who graduated to independent living, remain in permanent housing left the program and returned to prison. (Pen. Code § 2985.5, subd. (a).)
Existing law directs CDCR to analyze costs in comparison to savings in reduced recidivism from the supportive housing program, excluding federal funds. CDCR shall report this material annually. (Pen. Code § 2985.5, subd. (c).)
This bill includes the following statements of legislative intent:
- Strengthen the ISMIP program to ensure that CDCR promotes evidence-based wraparound services, including adequate rental subsidies for mentally ill parolees to obtain and keep stable housing, thereby decreasing recidivism.
- Provide that CDCR contracts in the ISMIP program require providers to target resources to parolees who are homeless or at risk of becoming homeless. Contracts shall emphasize housing needs over other services, including day center services. Providers shall use a substantial proportion of contract funds for housing support and services.
This bill would require a service provider in the program for mentally ill parolees to demonstrate an existing relationship with a supportive housing provider.
This bill would specify that a parolee participant is not required to receive other services as a condition of eligibility to receive rental assistance through the program.
This bill would require a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined.
This bill would also prohibit the department or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the person’s parole.
This bill would require a service provider to identify and locate supportive housing opportunities no later than 9 months after the program participant has agreed to participate in the program. The bill would require that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy.
This bill would require a service provider to use a portion of the program payments received to provide interim housing, as defined.
This bill would also require a service provider to report to the department the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
- 143% of design bed capacity by June 30, 2014;
- 141.5% of design bed capacity by February 28, 2015; and,
- 137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
- Whether a proposal erodes a measure which has contributed to reducing the prison population;
- Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
- Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
- Whether a proposal corrects a constitutional problem or legislative drafting error; and
- Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
Established in the 2009-10 budget, ISMIP was intended to support holistic, intensive case management—including food, clothing, shelter, and treatment—for a population that faces high risk of recidivism. Mentally ill parolees often struggle to manage their conditions and meet the terms of their parole when they lack stable housing and easy access to services. One of the goals stated in the language authorizing ISMIP was to fund housing for these parolees, and to support the integration of services with housing when possible.
In spite of these goals, only eight percent of ISMIP program funds are currently being spent on housing program participants. That relatively low proportion indicates that providers are either not prioritizing this need or not targeting homeless parolees specifically.
CDCR’s implementation of ISMIP thus far has focused more on funding day treatment. Day treatment provides services at a center that parolees must travel to visit, which increases the difficulty of accessing necessary services for people whose mental illness and limited resources may preclude them from easily using public transportation. These services can also be expensive – perhaps as much as $10,000 per person per year more than similar treatment and service provision programs implemented under Proposition 63. Additionally, providers may be using ISMIP funds to pay for services that are now eligible for federal reimbursement.
SB 1013 clarifies in statute that ISMIP should continue to provide the full suite of necessary services to mentally ill parolees, including housing services; leverage other fund sources for services when possible; and utilize evidence-based approaches to treatment.
2. Mental Illness among California Prisoners and Parolees – Research on the
Importance of Stable Housing
A 2007 article in the Journal of Contemporary Health Law and Policy[1] detailed the pervasive and difficult issues concerning mentally ill inmates and parolees in California. Since the article was published, the California Prison Healthcare Correctional Healthcare Services has overseen the expenditure of hundreds of millions of dollars to comply with federal court orders to reform the prison healthcare system, including serious problems with mental health treatment.
Thousands of people with mental illness are currently serving terms in California prisons. These individuals receive inadequate medical and psychiatric care, serve longer terms than the average inmate, and are released without adequate preparation and support for their return to society. As a result, mentally ill offenders are more likely than general-population offenders to violate parole and return to prison.
The article recommended wraparound services for mentally ill parolees upon release from prison. The ISMIP and this bill appear to implement or require these recommendations:
If intake diagnoses prisoners' mental illnesses and the prison sentence treats them, release should prepare prisoners to treat their condition outside prison and, one hopes, avoid further incarceration. Recidivism can be reduced if re-entry is planned, if intervention is frontloaded, and if parole officers embrace the harm reduction principle (a public-health-oriented rather than criminal-justice-oriented approach to dealing with parole infractions). Investments in release programs should ultimately generate a virtuous cycle; when prisoner recidivism decreases, more resources are freed for treatment within the prison system and within non-penal mental health institutions.
The most effective post-release programs follow the integrated services model, concentrating on the period immediately following release and coordinating multiple services such as mental health, parole, therapeutic treatment for drug and alcohol addiction, housing, and employment."' For example, prisoners about to be released should have an adequate supply of medication (at least seventy-two hours' worth), some form of housing, and contacts with a coordinated team of correctional and social services staff.
Such efforts will aid the recently-released prisoners as they enter parole, seek permanent housing, pursue job training and employment, enroll in drug and alcohol abuse counseling, and receive restored government benefits such as Temporary Aid to Needy Families, Medi-Cal, Medicaid, Social Security, and State and Social Security Disability Insurance
The article then specifically addressed positive outcomes that resulted from providing the mentally ill, including former inmates, with stable housing. The article described the programs implemented through AB 2034 (Steinberg) Ch. 518 Stats. 2000. That bill continued an earlier pilot project to provide grants to counties and cities for mental health treatment of the homeless and those at risk of becoming homeless or incarcerated. Stable housing was shown to substantially reduce recidivism:
Over three years, participants in AB 2034 pilot programs reduced days spent in incarceration by 72.1% and the number of incarcerations by 45.9%.187 Participants' ability to secure housing was a foundation for successful treatment. What has become apparent to most providers and stakeholders is the therapeutic significance of having a stable place to live, and the foundation this provides for individuals' ability and desire to make progress in other aspects of their lives. (Internal quotation marks and citations have been omitted in the material quoted from the article.)
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http://scholarship.law.edu/cgi/viewcontent.cgi?article=1106&context=jchlp ↑
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