THIRD READING 

Bill No: ACR 91

Author: Jones-Sawyer (D), et al.

Introduced: 5/7/19

Vote: 21

ASSEMBLY FLOOR: Read and adopted, 6/20/19

SUBJECT: Second Chances Month

SOURCE: Californians for Safety and Justice

DIGEST:

This resolution designates June 2019 as Second Chances Month in California, highlighting existing services and events to support reentry from incarceration.

ANALYSIS: This resolution makes the following legislative findings:

1. Mass incarceration and failed criminal justice policies have emphasized incarceration over rehabilitation and prevention for years, resulting in as many as one in four Californians having a criminal record.
2. After completing a jail or prison sentence and prescribed supervision requirements by the court, individuals face difficulties in successfully returning to their communities.
3. Reducing barriers contributes to public safety by reducing recidivism, increasing the economic well-being of entire communities, and allowing individuals the opportunity to seek a better life for themselves and their families and contribute to society in a positive and meaningful way.
4. California’s criminal justice reform efforts are moving from a system focused on punishment, exclusion, economic barriers, and lifetime bans to a system focused on prevention, rehabilitation, upward mobility, reintegration, and economic stability. The reform efforts recognize that these changes create economic and other opportunities for system-impacted individuals.
5. In 2014, California voters passed Proposition 47 at the November 4, 2014, statewide general election, which reduced certain low-level, nonviolent offenses to misdemeanors, and AB 1115 (Jones-Sawyer, Chapter 207, Statutes of 2017) and AB 651 (Bradford, Chapter 787, Statutes of 2013) created a process for an individual to remove felony convictions from their criminal record.
6. California continues to encourage enhanced collaboration between counties and law enforcement agencies, including district attorneys, public defenders, probation departments, and trial judges. The state recognizes that a system for identifying eligible Proposition 47 applicants is essential to enhancing the link between record correction and employment opportunities, creating an accurate and efficient background check process, and increasing access to mental health treatment, substance abuse treatment, health services, supportive housing, and support services for the formerly incarcerated.

This resolution acknowledges and commends Californians for Safety and Justice for its efforts in supporting our system-impacted community; and designates June 2019 as Second Chances Month in California, highlighting existing services and events to support reentry from incarceration, such as access to free RAP sheets, employment support, fair chance hiring, and the Summer of Second Chances to be held during the summer of 2019.

Comments

According to the author, “As Chair of the Assembly Public Safety Committee, I am committed to making sure we are providing every tool and resource available to reduce recidivism and give the formerly incarcerated a second chance. It is unfair to expect them to thrive in society upon their reentry when they are faced with barriers that prevent them from being successful. It is time we move away from a system focused on punishment, exclusion, and lifetime bans and instead towards one that ensures incarcerated individuals are able to successfully reenter society with the skills and training needed to lead productive lives.”

Related/Prior Legislation

ACR 219 (Jones-Sawyer, Resolution Chapter 107, Statutes of 2018) designated June 2018 as Second Chances Month in California, highlighting existing services and events to support reentry.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/1/19)

Californians for Safety and Justice (source)

A New Way of Life

Building Opportunities for Self-Sufficiency

Communities in Schools

Crime Survivors for Safety and Justice

Homeboy Industries

Pillars of the Community

Project Kinship

OPPOSITION: (Verified 7/1/19)

None received

ARGUMENTS IN SUPPORT: According to the sponsor of this resolution, Californians for Safety and Justice, “Evidence has shown that mass incarceration and failed criminal justice policies have emphasized incarceration over rehabilitation and prevention for years, resulting in as many as 1 in 4 Californians possessing a criminal record; and after completing a jail, or prison sentence and prescribed supervision requirements by the Court, individuals still face difficulties to successfully returning to their communities.

“Far too often, individuals who have served their time are treated as second class citizens, barred from housing, employment, and the democratic process.

“Reducing barriers for these citizens contributes to public safety by reducing recidivism and increasing the economic well-being for the entire community and allows individuals to successfully reacclimate back into society.

“Eight million California residents have criminal convictions on their records that hamper their ability to find work and housing, secure public benefits, or even get admitted to college. Millions more have old arrests on their record that never resulted in a conviction but remain as obstacles to employment. Nearly 90% of employers, 80% of landlords, and 60% of colleges screen applicants' criminal records.

“Lack of access to employment and housing are primary factors driving recidivism, criminal records are serious barriers to successful reentry and come at a great cost to California's economy. Nationally, it has been estimated that the U.S.

loses roughly $65 billion per year in terms of gross domestic product due to employment losses among people with convictions.”

Prepared by: Melissa Ward / SFA / (916) 651-1520

7/3/19 14:50:18

**** END ****

ASSEMBLY THIRD READING

ATR Bill Id:ACR 91

Author:(Jones-Sawyer)

As Introduced Ver:May 7, 2019

Majority vote

SUMMARY:

Designates June 2019 as Second Chances Month which highlights services and events to support reentry from incarceration.

Major Provisions

1. States that mass incarceration and failed criminal justice policies have emphasized incarceration over rehabilitation and prevention for years, resulting in as many as one in four Californians having a criminal record.
2. States that reducing barriers to reentry contributes to public safety by reducing recidivism, increasing the economic well-being of entire communities, and allowing individuals the opportunity to seek a better life for themselves and their families and contribute to society in a positive and meaningful way.
3. Resolves that the Legislature designate June 2019 as Second Chances Month in California, highlighting existing services and events to support reentry, such as access to free RAP sheets, employment support, fair chance hiring, and the Summer of Second Chances to be held during the summer of 2019.

COMMENTS:

According to the Author:

According to the author, "As Chair of the Assembly Public Safety Committee, I am committed to making sure we are providing every tool and resource available to reduce recidivism and give the formerly incarcerated a second chance. It is unfair to expect them to thrive in society upon their reentry when they are faced with barriers that prevent them from being successful. It is time we move away from a system focused on punishment, exclusion, and lifetime bans and instead towards one that ensures incarcerated individuals are able to successfully reenter society with the skills and training needed to lead productive lives."

Arguments in Support:

According to Californians for Safety and Justice, "Evidence has shown that mass incarceration and failed criminal justice policies have emphasized incarceration over rehabilitation and prevention for years, resulting in as many as 1 in 4 Californians possessing a criminal record; and after completing a jail, or prison sentence and prescribed supervision requirements by the Court, individuals still face difficulties to successfully returning to their communities.

"Far too often, individuals who have served their time are treated as second class citizens, barred from housing, employment, and the democratic process.

"Reducing barriers for these citizens contributes to public safety by reducing recidivism and increasing the economic well-being for the entire community and allows individuals to successfully reacclimate back into society.

"Eight million California residents have criminal convictions on their records that hamper their ability to find work and housing, secure public benefits, or even get admitted to college. Millions more have old arrests on their record that never resulted in a conviction but remain as obstacles to employment. Nearly 90% of employers, 80% of landlords, and 60% of colleges screen applicants' criminal records.

"Lack of access to employment and housing are primary factors driving recidivism, criminal records are serious barriers to successful reentry and come at a great cost to California's economy. Nationally, it has been estimated that the U.S. loses roughly $65 billion per year in terms of gross domestic product due to employment losses among people with convictions."

Arguments in Opposition:

None submitted

FISCAL COMMENTS:

Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

VOTES:

ASM PUBLIC SAFETY: 7-0-1

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Kamlager-Dove, Quirk, Santiago, Wicks

ABS, ABST OR NV: Diep

UPDATED:

VERSION: May 7, 2019

CONSULTANT: Nikki Moore / PUB. S. / (916) 319-3744 FN: 0001060

Date of Hearing: June 11, 2019

Counsel: Nikki Moore

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:ACR 91

Author:() – As Ver:

SUMMARY:

Designates June 2019 as Second Chances Month which highlights services and events to support reentry from incarceration. Specifically, this resolution:

1. States that mass incarceration and failed criminal justice policies have emphasized incarceration over rehabilitation and prevention for years, resulting in as many as one in four Californians having a criminal record.
   
2. States that after completing a jail or prison sentence and prescribed supervision requirements by the court, individuals face difficulties in successfully returning to their communities.
   
3. States that reducing barriers to reentry contributes to public safety by reducing recidivism, increasing the economic well-being of entire communities, and allowing individuals the opportunity to seek a better life for themselves and their families and contribute to society in a positive and meaningful way.
   
4. States that nationally 80 percent of employers perform criminal background checks on prospective employees. However, some agencies that perform background checks report inaccurate information, causing employers to be less likely to hire system-impacted individuals. Sixty percent of formerly incarcerated individuals are unemployed a year after their release. Those who do find jobs are paid 40 percent less than those without criminal records.
   
5. States that California’s criminal justice reform efforts are moving from a system focused on punishment, exclusion, economic barriers, and lifetime bans to a system focused on prevention, rehabilitation, upward mobility, reintegration, and economic stability. The reform efforts recognize that these changes create economic and other opportunities for system-impacted individuals.
   
6. States that in 2014, California voters passed Proposition 47 which reduced certain low-level, nonviolent offenses to misdemeanors.
   
7. States that AB 1115 (Jones-Sawyer), of the 2017–18 Legislative Session, and AB 651 (Bradford), of the 2013–14 Legislative Session, created a process for an individual to remove felony convictions from his or her criminal record. However, many system-impacted individuals are still not aware of this opportunity.
   
8. States that California continues to encourage enhanced collaboration between counties and law enforcement agencies. The state recognizes that a system for identifying eligible Proposition 47 applicants is essential to enhancing the link between record correction and employment opportunities, creating an accurate and efficient background check process, and increasing access to mental health treatment, substance abuse treatment, health services, supportive housing, and support services for the formerly incarcerated.
   
9. Resolves that the Legislature acknowledge and commend Californians for Safety and Justice for its efforts in supporting our system-impacted community.
   
10. Resolves that the Legislature designate June 2019 as Second Chances Month in California, highlighting existing services and events to support reentry, such as access to free RAP sheets, employment support, fair chance hiring, and the Summer of Second Chances to be held during the summer of 2019.
    
11. Resolves that Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution.

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “As Chair of the Assembly Public Safety Committee, I am committed to making sure we are providing every tool and resource available to reduce recidivism and give the formerly incarcerated a second chance. It is unfair to expect them to thrive in society upon their reentry when they are faced with barriers that prevent them from being successful. It is time we move away from a system focused on punishment, exclusion, and lifetime bans and instead towards one that ensures incarcerated individuals are able to successfully reenter society with the skills and training needed to lead productive lives.”
   
2. Background: According to the author, “Failed criminal justice policies, focusing on punishment instead of rehabilitation, have contributed to one in four Californians having a criminal record.

“For many formerly incarcerated individuals, having a criminal record has created barriers to securing housing and employment, as well as preventing them from participating in the democratic process. By reducing these additional challenges and moving towards a mindset of prevention and rehabilitation, these individuals can be given the chance to increase their economic wellbeing and seek better opportunities for themselves. This inherently can contribute to lower recidivism levels and overall better outcomes for the community.

“Currently, as a result of criminal background checks and reported misinformation, system impacted individuals are less likely to be hired and have difficulty in acquiring housing. Around 60% of formerly incarcerated individuals are unemployed a year after their release, with even those who do have jobs earning around 40% less. Furthermore, the Prison Policy Initiative reported that formerly incarcerated people are 10 times more likely to be homeless than the general public.

“Given these statistics, there has recently been a push for criminal justice reform with Californians supporting Proposition 47 to reduce low-level, nonviolent offenses to misdemeanors as well as numerous states across the country also recognizing Second Chances Month annually since 2017.”

1. Argument in Support: According to Californians for Safety and Justice, “Evidence has shown that mass incarceration and failed criminal justice policies have emphasized incarceration over rehabilitation and prevention for years, resulting in as many as 1 in 4 Californians possessing a criminal record; and after completing a jail, or prison sentence and prescribed supervision requirements by the Court, individuals still face difficulties to successfully returning to their communities.
   
   “Far too often, individuals who have served their time are treated as second class citizens, barred from housing, employment, and the democratic process.
   
   “Reducing barriers for these citizens contributes to public safety by reducing recidivism and increasing the economic well-being for the entire community and allows individuals to successfully reacclimate back into society.
   
   “Eight million California residents have criminal convictions on their records that hamper their ability to find work and housing, secure public benefits, or even get admitted to college. Millions more have old arrests on their record that never resulted in a conviction but remain as obstacles to employment. Nearly 90% of employers, 80% of landlords, and 60% of colleges screen applicants’ criminal records.
   
   “Lack of access to employment and housing are primary factors driving recidivism, criminal records are serious barriers to successful reentry and come at a great cost to California’s economy. Nationally, it has been estimated that the U.S. loses roughly $65 billion per year in terms of gross domestic product due to employment losses among people with convictions.”
   
2. Prior Legislation:
   
   1. ACR 219 (Jones-Sawyer), Chapter 107, Statutes of 2018, designates June 2018 as Second Chances Month which highlights services and events to support reentry from incarceration.
      
   2. AB 1115 (Jones-Sawyer), Chapter 207, Statutes of 2017, enables individuals sentenced to state prison for a felony, that if committed after enactment of the 2011 Realignment legislation would have been eligible for county jail sentencing, to obtain expungement relief.
      
   3. AB 651 (Bradford), Chapter 787, Statutes of 2013, authorizes a court, in its discretion and in the interests of justice, to grant expungement relief for a conviction of a petitioner sentenced to county jail pursuant to criminal justice realignment if specified conditions are satisfied.

REGISTERED SUPPORT / OPPOSITION:

Support

A New Way of Life
Building Opportunities for Self-Sufficiency
Californians for Safety and Justice
Communities in Schools
Crime Survivors for Safety and Justice
Homeboy Industries
Pillars of the Community
Project Kinship

Opposition

None

Analysis Prepared by: