Existing law authorizes the Board of Parole Hearings to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole. Existing law requires the board to meet with each inmate before the inmates minimum eligible parole date, as specified, for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. Existing law charges the Department of Corrections and Rehabilitation with administering the state prisons.

This bill would require the department to provide a meaningful opportunity for the successful release of a qualified inmate, as defined, by providing effective trauma focused programming, as defined, by a clinical social worker, psychologist, violence peer counselor, as specified, or other qualified professional to a qualified inmate during the 5 years preceding his or her parole hearing date upon, his or her request. If the state prison does not have one of the aforementioned professionals available to provide trauma focused programming to a qualified inmate, the department shall contract with a nonprofit organization that meets specified requirements to provide this service. The bill provides that, among other purposes, meaningful opportunity means access to therapy to address traumatic experiences that lead to substance abuse, criminal behavior, and violent actions. to implement a 4-year pilot program at 4 state prisons to offer trauma-focused programming, which includes, among other things, programs that provide tools for coping and dealing with trauma and individual therapy, to qualified incarcerated persons during the 5 years preceding his or her parole date. The bill would require the department, by July 1, 2018, to convene a stakeholder group, as specified, and develop trauma-focused programming for use in the pilot program. The bill would authorize the department to contract with a nonprofit organization to provide trauma-focused programming if a state prison participating in the pilot program does not have a clinical social worker, psychologist, or other qualified professional to provide trauma-focused programming. The bill would authorize the board to consider a qualified inmates incarcerated persons participation in and completion of trauma focused trauma-focused programming as a performance milestone for purposes of credit reductions from the inmates incarcerated persons term of confinement. The bill would repeal these provisions on January 1, 2023.

Existing law authorizes the Board of Parole Hearings to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole. Existing law requires the board to meet with each inmate before the inmates minimum eligible parole date, as specified, for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. Existing law charges the Department of Corrections and Rehabilitation with administering the state prisons.

This bill would require the department to provide a meaningful opportunity for the successful release of inmates a qualified inmate, as defined, by providing individual introspective trauma informed therapy, effective trauma focused programming, as defined, for specified inmates at least 1 year prior to an offenders minimum eligible parole date. by a clinical social worker, psychologist, violence peer counselor, as specified, or other qualified professional to a qualified inmate during the 5 years preceding his or her parole hearing date upon, his or her request. If the state prison does not have one of the aforementioned professionals available to provide trauma focused programming to a qualified inmate, the department shall contract with a nonprofit organization that meets specified requirements to provide this service. The bill provides that, among other purposes, meaningful opportunity means access to therapy to address traumatic experiences that lead to substance abuse or abuse, criminal behavior, and violent actions. The bill would authorize the board to consider an offenders informed trauma therapy in granting parole. a qualified inmates participation in and completion of trauma focused programming as a performance milestone for purposes of credit reductions from the inmates term of confinement.

Existing law authorizes the Board of Parole Hearings to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole. Existing law requires the board to meet with each inmate before the inmates minimum eligible parole date, as specified, for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. Existing law charges the Department of Corrections and Rehabilitation with administering the state prisons.

This bill would require the department to provide meaningful opportunity for the successful release of inmates by providing individual introspective trauma informed therapy, as defined, for specified inmates at least 1 year prior to an offenders minimum eligible parole date. The bill provides that, among other purposes, meaningful opportunity means access to therapy to address traumatic experiences that lead to substance abuse or violent actions. The bill would authorize the board to consider an offenders informed trauma therapy in granting parole.

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 620

Author:(Holden) – As Amended Ver:April 20, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Corrections and Rehabilitation (CDCR) to establish a four-year pilot project at four state prisons to provide trauma focused therapy to incarcerated persons who were committed of a crime before the attaining 25 years of age. Specifically, this bill:

1. Requires CDCR to offer programming that provides tools for coping and dealing with trauma and individual therapy to qualified incarcerated persons during the five years preceding a parole date.
2. Requires CDCR to provide the therapy upon request of a qualified inmate.
3. Requires CDCR to convene a stakeholder group to assist in developing the trauma-focused programming that will be offered, the programming must be developed for use in the pilot project by July 1, 2018.
4. Authorizes the Board of Parole Hearings (BPH) to consider a qualified incarcerated person’s participation in and completion of trauma-focused programming as a performance milestone for purposes of credit reductions from the incarcerated person’s term of confinement. 

FISCAL EFFECT:

CDCR costs (GF) in the $4.9 million range to establish trauma focused programming in four institutions, which includes $1 million for eight clinical social workers per year for each of the four years and $900,000 for program development and administrative costs. As of March 31, 2017, there were almost 41,000 offenders in the institutions who were convicted of a controlling offense prior to age 25. A pilot project at four institutions will result in several thousand inmates eligible for the therapy. This bill authorizes CDCR to contract with a third party, the assumption is that the costs would not be much different.

COMMENTS:

1. Background. Current law authorizes the BPH to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole, and requires the BPH board to meet with each inmate before the inmate’s minimum eligible parole date for the purposes of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility.
2. Trauma Informed Therapy: Trauma informed therapy is a form of therapy that focuses on an individual’s previous traumatic experiences and how those experiences influence behavior. Therefore, negative behaviors are treated as coping mechanisms for previous trauma as opposed to symptoms of mental illness and character flaws. This form of therapy generally focuses on the impact of trauma and understanding potential paths for recovery; recognizing the signs and symptoms of trauma in clients, families, staff, and others involved with the system; responding by fully integrating knowledge about trauma into policies, procedures, and practices; and seeking to actively resist re-traumatization. Access to trauma informed therapy could, therefore, be potentially beneficial in decreasing disturbances by inmates and increasing successful parole hearings
3. Purpose. The author believes that trauma-focused treatment at an optimal time before parole hearings will give inmates approaching their parole hearing date the tools they need to articulate their trauma before the parole board. Also, this will improve the quality of time parole attorneys have with incarcerated people because when they understand their trauma before the meeting, the lawyer can focus more time on the parole process.
4. Support. In support, the Western Center on Law and Poverty points out that knowing what we now know about trauma and its impact on people and communities, we should be establishing interventions across the board for state and county administered programs.
5. Prior Legislation. AB 2129 (Jones-Sawyer), of the 2013-2014 Legislative Session, would have required the Department of Corrections and Rehabilitation to develop a voluntary reentry program that included access to cognitive behavior therapy. AB 2129 was held on Suspense in this Committee.
   

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: March 21, 2017

Consultant: Adam Smith

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:March 16, 2017

SUMMARY:

Requires the Department of Corrections and Rehabilitation (CDCR) to provide trauma focused therapy to qualified inmates. Specifically, this bill:

1. States the Legislature’s intent to create an effective trauma focused program reflecting specific values.
   
2. Requires CDCR to provide meaningful opportunity for successful release of inmates by offering information about and access to effective trauma focused programming, as specified.
   
3. States that the effective trauma focused programming shall be peer reviewed and represent best practices for that program.
4. Provides that a clinical diagnosis is not required for access to mental health services, as specified.
5. Requires the CDCR to contract with a nonprofit organization, as specified, to provide trauma focused programming if a prison does not have the appropriate staff.
6. Defines “meaningful opportunity” as the availability of all of the following, if needed, to the offender:
   1. Access to trauma-focused parole assistance during the 5 years preceding the qualified inmate’s parole hearing date;
   2. Access to trauma therapy that seeks to address responses to trauma that are often related to substance abuse, criminal behavior, and violent actions; and
   3. Access to activities, information, and tools that can be practiced by a qualified inmate in an individual or community setting as a form of continued care.
      
7. Defines “trauma focused program” as programming that includes all of the following:
   
   1. Access to and information about trauma-specific therapy;
      
   2. Therapy that increases understanding of how and why trauma affects the qualified inmate and ways to minimize the impact;
      
   3. Mental health care that provides tools for coping with trauma;
      
   4. Screening and assessment tools to identify qualified inmates experiencing trauma; and
      
   5. Utilization of peer review best practices and an expanded focus on trauma informed and trauma specific behavioral health support.
      
8. Defines “trauma” as “emotional distress caused by a damaging event or repetitive events that exceeds the individual’s ability to cope with, or integrate emotions from, the experience causing the emotional distress, and which leads to destructive symptoms and behavior.”
   
9. Defines “qualified inmate” as “an inmate who was convicted of a controlling offense committed before he or she attained 25 years of age and who is at a moderate to high risk of trauma.”
   
10. Provides that the Board of Parole Hearings may consider the qualified inmate’s participation in and completion of trauma focused programming for purposes of credit reductions.

EXISTING LAW:

1. Charges the CDCR with administering the state prisons. (Pen. Code, §§ 5002-5003.)
   
2. Authorizes The Board of Parole Hearings (BPH) to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole. (Pen. Code, § 3052.)
   
3. Requires the BPH board to meet with each inmate before the inmate’s minimum eligible parole date, as specified, for the purposes of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility. (Pen. Code, § 3041, subd. (a)(1).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "The National Institute of Corrections has found that 90% of youth in residential juvenile justice facilities report of experiencing at least one trauma. In 2013, the suicide rate among state prisoners was 40% above the national average. LA Weekly wrote that ‘inmates who request mental health care, but do not go far as to say they want to kill themselves often have to wait a week or two before seeing a professional.’ Data suggest that many more offenders have trauma histories, even if they are not diagnosed with PTSD.

“AB 620 is the solution because it will increase access to trauma specific services that provide individual or group interventions that help individuals cope with the aftermath of trauma, decreasing symptoms of trauma related disorders, and increasing knowledge about trauma. AB 620 will make sure all incarcerated people have access to programming that can help them identify, understand, and minimize their trauma symptoms, because currently similar programming is rare in California’s prison system. By encouraging CDCR to contract with non-profit organizations they will be able to provide innovative trauma treatments that will be sustained at prisons. Non-profits implementing these programs will reduce the stigma behind mental health, maintain a trauma informed culture, and increase trust between incarcerated people and state programs. Providing trauma focused treatment at an optimal time before parole hearings will give people approaching their parole hearing date the tools they need to articulate their trauma before the parole board. This will improve the quality of time parole attorneys have with incarcerated people because when they understand their trauma before the meeting, the lawyer can focus more time on the parole process.”

1. Trauma Informed Therapy: Trauma informed therapy is a form of therapy that focuses on an individual’s previous traumatic experiences and how those experiences influence behavior. Therefore, negative behaviors are treated as coping mechanisms for previous trauma as opposed to symptoms of mental illness and character flaws. This form of therapy generally focuses on the “ impact of trauma and understanding potential paths for recovery; recognizing the signs and symptoms of trauma in clients, families, staff, and others involved with the system; responding by fully integrating knowledge about trauma into policies, procedures, and practices; and seeking to actively resist re-traumatization." (Substance Abuse and Mental Health Services, Essential Components of Trauma-Informed Judicial Practice (2013) pp. 1-2.)

Given that inmates may be regularly exposed to re-traumatizing events while incarcerated, trauma informed therapy may play an important role in preparing inmates for parole. Inmates may be resistant to treatments that do not address underlying trauma and may even appear disruptive or difficult, which would decrease chances of a successful parole hearing. Access to trauma informed therapy would therefore be potentially beneficial in decreasing disturbances by inmates and increasing successful parole hearings.

1. Argument in Support: According to the Western Center on Law and Poverty, “Existing law prescribes a path for inmates to get to the parole board, but does not adequately prepare inmates to articulate their successful rehabilitation to the parole board. The less equipped inmates are to understand and regulate their trauma symptoms, the less effective their public defender will be during parole hearings.

“Knowing what we now know about trauma and its impact on people and communities, we should be establishing interventions across the board for state and county administered programs. AB 620 will prepare inmates for parole hearings by the means of trauma intervention that creates safer prisons, more prospects of rehabilitation for youth who have been found guilty of a crime, and reduce recidivism. This bill creates an opportunity to expand access to trauma-focused programming that increases accountability. This bill looks to sustain non-profit services as a cost-efficient and effective way to provide restorative justice through the parole process. This is a step toward justice for the state of California and those who reside in it.”

1. Prior Legislation: AB 2129 (Jones-Sawyer), of the 2013-2014 Legislative Session, would have required the Department of Corrections and Rehabilitation to develop a voluntary reentry program that included access to cognitive behavior therapy. AB 2129 failed passage in Assembly Committee on Appropriations.
   

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Boys and Men of Color

California Access Coalition

California Attorneys for Criminal Justice

California Public Defenders Association

Californians for Safety and Justice

Center for Living and Learning

Initiate Justice

National Center for Youth Law

Southeast Asia Resource Action Center

Western Center on Law and Poverty

1 private individual

Opposition

None

Analysis Prepared by: