Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length.

This bill would establish various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. The bill would create a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and would require the department to provide state prisons with forms for program providers to obtain the clearances. The bill would require the department to notify all program provider applicants for clearance of their decision to approve or disapprove within a specified timeframe.

This bill would require the department to designate a standardized approval process for people who were formerly incarcerated and who are applying for these clearances. The bill would also require the department to notify all applicants of their right to appeal a clearance decision and of the process for filing an appeal. The bill would require the department to notify all applicants of their final disposition of appeal within 90 days.

This bill would require the department to submit to the Department of Justice fingerprint images and related information from a program provider applying for an annual clearance, program provider identification card, or statewide program provider clearance, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length.

This bill would establish various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. The bill would create a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and would require the department to provide state prisons with forms for program providers to obtain the clearances. The bill would require the department to notify all program provider applicants for clearance of their decision to approve or disapprove within a specified timeframe.

This bill would require the department to designate a standardized approval process for people who were formerly incarcerated and who are applying for these clearances. The bill would also require the department to notify all applicants of their right to appeal a clearance decision and of the process for filing an appeal. The bill would require the department to notify all applicants of their final disposition of appeal within 90 days.

This bill would require the department to submit to the Department of Justice fingerprint images and related information from a program provider applying for an annual clearance, program provider identification card, or statewide program provider clearance, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length.

This bill would establish various clearance levels for program providers in state prisons, including a short-term clearance, an annual program provider clearance, a program provider identification card, or a statewide program provider identification card, short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. The bill would create a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and would require the department to provide state prisons with forms for program providers to obtain the clearances. The bill would require the department to notify all program provider applicants for clearance of their decision to approve or disapprove within a specified timeframe.

This bill would require the department to designate a standardized approval process for people who were formerly incarcerated and who are applying for these clearances. The bill would also require the department to notify all applicants of their right to appeal a clearance decision and of the process for filing an appeal. The bill would require the department to notify all applicants of their final disposition of appeal within 90 days.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length.

This bill would establish various clearance levels for program providers in state prisons, including a short-term clearance, an annual program provider clearance, a program provider identification card, or a statewide program provider identification card, as defined. The bill would create a procedure for a program provider to receive one of these clearances to gain entry into the state prison and would require the department to provide state prisons with forms for program providers to obtain the clearances. The bill would require the department to notify all program provider applicants for clearance of their decision to approve or disapprove within a specified timeframe.

This bill would require the department to designate a standardized approval process for people who were formerly incarcerated and who are applying for these clearances. The bill would also require the department to notify all applicants of their right to appeal a clearance decision and of the process for filing an appeal. The bill would require the department to notify all applicants of their final disposition of appeal within 90 days.

This bill would require the department to enter into a contract with the Department of Justice in order to receive notifications of subsequent state or federal arrests or dispositions for program providers applying for an annual clearance, a program provider identification card, or a statewide program provider identification card. The bill would require the department to reassess the annual clearance, the program provider identification card, or the statewide program provider identification card upon receiving a notification of a subsequent state or federal arrest or disposition for a program provider with these clearances, and would authorize the department to revoke the clearance if the department deems it warranted. By authorizing the department to receive criminal history information, the knowing dissemination of which is a misdemeanor, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length.

This bill would establish various clearance levels for program providers in state prisons, including a short-term clearance, an annual program provider clearance, a program provider identification card, or a statewide program provider identification card, as defined. The bill would create a procedure for a program provider to receive one of these clearances to gain entry into the state prison and would require the department to provide state prisons with forms for program providers to obtain the clearances. The bill would require the department to notify all program provider applicants for clearance of their decision to approve or disapprove within a specified timeframe.

This bill would require the department to designate a standardized approval process for people who were formerly incarcerated and who are applying for these clearances. The bill would also require the department to notify all applicants of their right to appeal a clearance decision and of the process for filing an appeal. The bill would require the department to notify all applicants of their final disposition of appeal within 90 days.

Existing law specifies that crimes and public offenses include felonies, misdemeanors, and infractions.

This bill would make technical, nonsubstantive changes to that provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 581

Author:(Wendy Carrillo)

As Amended Ver:September 6, 2023

Majority vote

SUMMARY

Establishes clearances for program providers that provide rehabilitative programming at state prisons.

Senate Amendments

1. Change the timeline under which the California Department of Corrections and Rehabilitation (CDCR) must approve or deny a program provider’s application for a short-term clearance to those consistent with the timeframes identified in CDCR’s criminal history security screening form.
2. Provide that, for program providers applying for an annual clearance or a program provider identification card, CDCR shall, if it has not received the applicable information from the DOJ after 30 days, provide an update to the program provider and require CDCR to notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice (DOJ).
3. Eliminate the requirement that program providers applying for an annual clearance, program provider identification card, or a statewide program provider clearance undergo Live Scan fingerprinting and instead mandate a fingerprint-based background check. If the program provider has already provided fingerprints CDCR, an application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the program provider to provide additional fingerprints.
4. Require CDCR to accept applications for a statewide program provider clearance from qualified program providers and, if approved, to provide a program provider identification card if the program provider does not already have a valid identification card.
5. Require program providers to renew their annual clearances and statewide program provider clearances annually.
6. Provide that a program provider identification card is valid for five years, provided the program provider renews their clearance annually.
7. Prohibit CDCR from excluding people who were formerly incarcerated from applying unless the person poses a significant security concern.
8. Make minor technical changes to the definitions.

COMMENTS

As Passed by the Assembly: This bill established clearances for program providers that provide rehabilitative programming at state prisons.

Major Provisions

1. Established four clearances for program providers that provide rehabilitative programing to incarcerated people at state prisons including: 1) a short-term clearance, 2) an annual clearance 3) a program provider identification card and, 4) a statewide program provider identification card.
2. Defined "short-term clearance" as a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
3. Defined "annual clearance" as a clearance allowing a program provider to enter one institution for a full calendar year.
4. Defined "program provider identification card" as a clearance that allows program providers to enter a specified institution without a custody sponsor. A program provider is valid for five years, provided the program provider meets testing and annual training requirements, as specified.
5. Defined "statewide program provider identification card" as a clearance provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status. A statewide program provider identification card is valid for five years, provided the program provider meets testing and annual training requirements, as specified.
6. Required CDCR to designate a standardized approval process for people who were formerly incarcerated and who are applying for any of the four types of clearances.
7. Required CDCR to notify all applicants for clearance of their right to appeal clearance application decisions and of the process for filing an appeal. CDCR shall notify applicants of the final disposition of their appeal within 90 days.
8. Required CDCR to enter into a contract with the DOJ to receive notifications of subsequent state or federal arrests or dispositions for program providers applying for any of the four types of clearances, as specified. Upon receiving notification of a subsequent arrest or disposition for a program provider, CDCR shall reassess the clearance and may revoke the clearance if CDCR deems it warranted.
9. Stated that program providers applying for a clearance shall be subject to the same infections disease testing policies as the department staff.
10. Defined "custody sponsor" as correctional staff at an institution assigned to escort program providers within the institution.
11. Defined "program provider" as an individual affiliated with a nonprofit organization that originates outside CDCR and provides rehabilitative programming to incarcerated people.

According to the Author

"Over the last five years, the legislature has invested significant taxpayer dollars toward community based organization programming. While these programs are being positioned to expand and provide high-need services, program providers continue to cite access issues as a serious barrier in delivering these services to incarcerated people who need and want programs. Addressing access issues is fundamental to ensure the continuity and success of these programs, AB 581 addresses routine access issues to further facilitate the delivery of vital programs."

Arguments in Support

1. According to the Center for Council, "Despite our experience and successful programming, we operate with a small staff and limited resources for operations. The Department of Corrections and Rehabilitation has a complicated, time-consuming, and needlessly costly process for approving clearances for rehabilitative program providers to enter the prisons. Currently, regulations fail to provide a set of guidelines to standardize and simplify the processes that program providers must adhere to in order to gain access to provide their vital programs.

"In-prison program providers operate with limited budgets and resources, which makes it imperative that they allocate funds and time to provide adequate support and services to the individuals they serve as opposed to unnecessary and overly burdensome bureaucratic requirements.

"This bill seeks to solve complications in routine processes that require significant resources, including state staff time and program staff time, multiple and needlessly repetitive Live Scans, and unnecessarily onerous and duplicative tuberculosis testing. These costs quickly add up and put a strain on state budgets and resources and, in turn, program providers’ budgets and resources.

"By investing in programs that aim to improve the lives of incarcerated Californians, the State is demonstrating its commitment to reducing crime and improving public safety in a more comprehensive and effective way. Rehabilitative programs interrupt cycles of incarceration and promote public safety by providing incarcerated people with the skills, knowledge, and support they need to make positive changes in their lives. Unlike other types of in-prison programming, such as vocational training, educational classes, or cognitive-behavioral therapy, community-based in-prison programs employ a more holistic and collaborative approach to rehabilitation, which recognizes that transformation requires a range of services to address the complex needs of incarcerated people.

"If this bill were to achieve its desired effect, community based organizations could deploy their staff much more efficiently and consistently, improving the quality and reliability of their programming. Time and money would be saved for both the State and program providers by minimizing bureaucratic barriers to program delivery and allowing program providers to spend more of their time and energy on helping their program participants.

"Additionally, standardizing the process by which formerly incarcerated program providers can get cleared to enter prisons in order to deliver rehabilitative programming will aid the Department of Corrections and Rehabilitations’ mandate. Formerly incarcerated individuals face significant barriers to reintegration, and in many cases their ability to find employment with community based organizations to deliver rehabilitative programming is dependent on getting cleared to enter prisons. By standardizing the regulations for clearance, this bill will support the reintegration efforts of formerly incarcerated program providers and will allow them to credibly deliver vital programming more effectively."

1. According to the Transformative in-Prison Workgroup (TPW), "While security clearance processes are critical to facilitate entry for rehabilitative program providers into CDCR facilities to interact with and provide programming for incarcerated people, the process is often unnecessarily cumbersome, inefficient, and costly. Further, though formerly incarcerated program providers provide critical, and credible, services to incarcerated individuals, they also face a bewildering array of often inexplicable rules and regulations, mostly institution specific, that hinder rather than support these individuals who willing to go back inside to help others prepare for a successful reentry.

"AB 581 (Carrillo) directly addresses the practice of having different clearance requirements at each institution, with each institution requiring paperwork and forms specific to that institution, by mandating that the CDCR promulgate one set of standardized forms for all institutions. […] And this bill corrects the practice of each prison enforcing different standards for formerly incarcerated program providers, such that the same person may be approved at one prison and denied at another based solely on their formerly incarcerated status, by mandating one system-wide set of standards."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Minor and absorbable costs (General Fund) to CDCR to implement the clearance process required by this bill.
2. Costs of an unknown amount (Special Fund) to the Department of Justice (DOJ) to notify CDCR of subsequent arrests and dispositions for program providers applying for specified clearances. In 2018, DOJ anticipated costs in the hundreds of thousands of dollars for five staff positions to provide similar notifications to the Department of Social Services and several medical boards, which at the time oversaw volunteers and staff at more than 70,000 community care facilities (see AB 2461 (Flora), Chapter 300, Statutes of 2018). This bill would require DOJ to provide notifications for a smaller group of individuals – specified CDCR clearance applicants – so costs to DOJ to complete this bill's duties would likely be lower, perhaps in the tens of thousands of dollars annually.

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur

ASM APPROPRIATIONS: 11-0-5

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez

ASSEMBLY FLOOR: 79-0-1

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Essayli

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Caballero

UPDATED

VERSION: September 6, 2023

CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0002057

 THIRD READING 

Bill No: AB 581

Author: Wendy Carrillo (D)

Amended: 9/6/23 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 4-0, 7/11/23

AYES: Bradford, Ochoa Bogh, Skinner, Wiener

NO VOTE RECORDED: Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 79-0, 5/31/23 - See last page for vote

SUBJECT: Rehabilitative program providers

SOURCE: Transformative In-Prison Workgroup

DIGEST:

This bill establishes clearances for rehabilitative program providers that provide programming at state prisons.

Senate Floor Amendments of 9/6/23 make minor changes to some of the definitions in the bill; eliminate the requirement that program providers undergo Live Scan fingerprinting and instead mandate a fingerprint-based background check; change the timeline under which the California Department of Corrections and Rehabilitation (CDCR) must approve or deny a program provider’s application; require a program provider to renew its clearance annually; and simplify provisions related to the Department of Justice and processing background checks for program providers

ANALYSIS:

Existing law:

1. Reaffirms a commitment to reducing recidivism among criminal offenders by reinvesting criminal justice resources to support community-based corrections programs and evidence-based practices. (Pen. Code, § 17.5.)
2. Finds and declares that incarcerated persons should have educational, rehabilitative, and restorative justice programs available so that their behavior may be modified and they are prepared to reenter the community. (Pen. Code, § 1170, subd. (a)(2).)
3. Requires the California Department of Corrections and Rehabilitation (CDCR) to develop and implement a plan to obtain additional rehabilitation and treatment services for incarcerated persons. (Pen. Code, § 2062.)
4. Establishes a program to provide grants to community based organizations that provide rehabilitative services to incarcerated individuals. (Pen. Code, § 5007.3.)
5. Provides that every person previously convicted of a felony and confined in any state prison, without the consent of the warden in charge of any state prison or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state prison are located under the custody of prison officials, officers or employees, comes upon the grounds of any such institution, or lands belonging or adjacent thereto, is guilty of a felony. (Pen. Code, § 4571.)
6. States that every person who, without the permission the warden in charge of any state prison or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state prison are located under the custody of prison officials, officers or employees, communicates with any person detained therein is guilty of a misdemeanor. (Pen. Code, § 4570.)

This bill:

1. Establishes four clearances for program providers that provide rehabilitative programing to incarcerated people in state prisons including: a short-term clearance, an annual clearance, a program provider identification card, and a statewide program provider identification card. Includes mandates and parameters related to each of those clearances.
2. Requires CDCR to designate a standardized approval process for people who were formerly incarcerated and who are applying for any of the four types of clearances.
3. Requires CDCR to notify all applicants for clearance of their right to appeal clearance application decisions and of the process for filing an appeal. Requires CDCR to notify applicants of the final disposition of their appeal within 90 days.
4. Requires CDCR to enter into a contract with the Department of Justice to receive notifications of subsequent state or federal arrests or dispositions for program providers applying for any of the four types of clearances, as specified. Requires CDCR to reassess the clearance upon receiving notification of a subsequent arrest or disposition for a program provider. Authorizes CDCR to revoke the clearance if CDCR deems it warranted.
5. Provides the following definitions:
6. “Annual clearance” refers to a clearance allowing a program provider to enter one institution for a full calendar year.
7. “Custody sponsor” refers to correctional staff at an institution assigned to escort program providers within the institution.
8. “Institution” refers to a California state prison.
9. “Program provider” refers to an individual affiliated with a nonprofit organization that originates outside CDCR and provides rehabilitative programming to incarcerated people.
10. “Program provider identification card” refers to a clearance status that allows program providers to enter a specified institution without a custody sponsor.
11. “Short-term clearance” refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
12. “Statewide program provider identification card” refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status.

Background

1. Existing CDCR Policies on Volunteers
   1. Categories of Volunteers: According to CDCR, there are three statuses for volunteers and program providers: outside guests, provisional volunteers, and regular volunteers. Outside guests are individuals who provide services on a temporary or infrequent basis and include guest speakers associated with community-based organizations, individuals who volunteer their talents for entertainment purposes or participate in an athletic event, and those who have been approved to observe or monitor such events. Provisional volunteers or program providers are individuals who provide escorted service as determined by the facility’s Community Resources Manager, and are subject to performance evaluation review. Regular volunteers or program providers are individuals who provide services on an ongoing basis and have completed a minimum of six months of evaluation as a provisional volunteer at the institution. Services provided by regular volunteers are generally performed under indirect supervision and are subject to performance requirements and evaluations. A volunteer seeking regular volunteer status who provides services at multiple institutions shall complete a six month evaluation period at each institution, unless otherwise approved by the warden at the specific institution. Regular volunteers may be allowed unescorted access to their programming area with the use of volunteer identification cards.

Regular volunteers or program providers can enter facilities without an escort if they hold a Volunteer Identification Card. Volunteers and Program Providers may obtain an unescorted gate clearance and Volunteer Identification Card upon approval and regular service to the incarcerated population. The warden or designee determines Volunteer Identification Card Status. Volunteer mentors are regular volunteers that have been approved by the warden to provide ongoing rehabilitative guidance and support to one or more incarcerated persons. (CDCR, Volunteer and Program Providers <https://www.cdcr.ca.gov/community-partners/volunteer-and-program-providers/ .)

• 1. Process to Become a Volunteer: Individuals interested in volunteering and becoming program service providers need to coordinate with the Community Resources Manager at each institution. All of the following items must be submitted or completed: letter of interest, volunteer and program service provider application, training, Live Scan fingerprinting, and tuberculosis screening.
     

All new applicants that would like to be a volunteer or program provider must submit a letter that provides justification of the services they are providing, how long they have been providing services, where they have been providing services as well as the applicant’s employment, academic status, and participation in the community. The volunteer and program service provider application includes several forms, including a service agreement, tuberculosis certification, and request for volunteer contact with inmates, among others. Regular and provisional volunteers must complete volunteer training modules annually on topics such as communicable disease prevention, the Prison Rape Elimination Act, fire prevention and life safety, and sexual harassment prevention. (CDCR, Becoming a Volunteer or Program Provider <https://www.cdcr.ca.gov/community-partners/volunteer-and-program-providers/becoming-a-volunteer-or-program-service-provider/.)

This bill directs CDCR to standardize the volunteer and program provider approval process in order to simplify the processes that program providers must adhere to in order to provide rehabilitative services in prisons.

1. Clearance for Formerly Incarcerated Persons Who Provide Rehabilitative Programming. According to CDCR, wardens may approve formerly incarcerated persons, parolees, and those on probation to serve as volunteers or program providers. In addition to all of the other existing requirements, CDCR’s website further provides that formerly incarcerated individuals interested in becoming a volunteer or program provider must submit the following, as applicable: if on parole, “written approval from a regional parole administrator”; if under supervised probation, “written approval from chief probation officer”; and, if currently on an informal probation, “written approval from the court or representative of the court.” (CDCR, Volunteer and Program Providers <https://www.cdcr.ca.gov/community-partners/volunteer-and-program-providers/becoming-a-volunteer-or-program-service-provider/ .)

This bill requires CDCR to designate a standardized approval process for formerly incarcerated individuals who are applying for any of the four types of clearances. Also, this bill prohibits CDCR from excluding people who were formerly incarcerated from applying based on the type of institution or local area the person is applying to, unless extraordinary circumstances exists. Additionally, this bill requires the Division of Adult Parole Operations to provide documentation for applicants currently on parole within 14 calendar days of the receipt of the request.

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

SUPPORT: (Verified 9/5/23)

Transformative In-Prison Workgroup (source)

Asian Prisoner Support Committee

Boundless Freedom Project

California Catholic Conference

California Public Defenders Association

Californians for Safety and Justice

Community Legal Services in East Palo Alto

Defy Ventures

Ella Baker Center for Human Rights

GRIP Training Institute

Initiate Justice

Initiate Justice Action

KALW Public Media

Kid Creating Awareness Together

Legal Services for Prisoners With Children

National Prevention Science Coalition to Improve Lives

Prison Yoga Project

Project Rebound, San Francisco State University

Root & Rebound

Sacred Purpose

Santa Cruz Barrios Unidos

Transitions Clinic Network

UnCommon Law

William James Association

Women’s Foundation California

OPPOSITION: (Verified 9/5/23)

None received

ASSEMBLY FLOOR: 79-0, 5/31/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Essayli

Prepared by: Stephanie Jordan / PUB. S. /

9/7/23 10:24:23

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 581 Hearing Date: July 11, 2023

Subject: Rehabilitative program providers

HISTORY

Source: Transformative In-Prison Workgroup

Prior Legislation: None

Support: Asian Prisoner Support Committee; Boundless Freedom Project; California Catholic Conference; California Public Defenders Association; Californians for Safety and Justice; Defy Ventures; Ella Baker Center for Human Rights; GRIP Training Institute; Initiate Justice; Initiate Justice Action; KALW Public Media; Kid C.A.T.; Legal Services for Prisoners With Children; Prison Yoga Project; Root & Rebound; Sacred Justice LLC; UnCommon Law; William James Association; Women’s Foundation California

Opposition: None known

Assembly Floor Vote: 79 - 0

PURPOSE

The purpose of this bill is to establish clearances for rehabilitative program providers that provide programming at state prisons.

Existing law reaffirms a commitment to reducing recidivism among criminal offenders by reinvesting criminal justice resources to support community-based corrections programs and evidence-based practices. (Pen. Code, § 17.5.)

Existing law finds and declares that incarcerated persons should have educational, rehabilitative, and restorative justice programs available so that their behavior may be modified and they are prepared to reenter the community. (Pen. Code, § 1170, subd. (a)(2).)

Existing law requires the California Department of Corrections and Rehabilitation (CDCR) to develop and implement a plan to obtain additional rehabilitation and treatment services for incarcerated persons. (Pen. Code, § 2062.)

Existing law establishes a program to provide grants to community based organizations that provide rehabilitative services to incarcerated individuals. (Pen. Code, § 5007.3.)

Existing law provides that every person previously convicted of a felony and confined in any state prison, without the consent of the warden in charge of any state prison or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state prison are located under the custody of prison officials, officers or employees, comes upon the grounds of any such institution, or lands belonging or adjacent thereto, is guilty of a felony. (Pen. Code, § 4571.)

Existing law states that every person who, without the permission the warden in charge of any state prison or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state prison are located under the custody of prison officials, officers or employees, communicates with any person detained therein is guilty of a misdemeanor. (Pen. Code, § 4570.)

This bill provides the following definitions:

• “Annual clearance” refers to a clearance allowing a program provider to enter one institution for a full calendar year.
• “Custody sponsor” refers to correctional staff at an institution assigned to escort program providers within the institution.
• “Institution” refers to a California state prison.
• “Program provider” refers to an individual affiliated with a nonprofit organization that originates outside CDCR and provides rehabilitative programming to incarcerated people.
• “Program provider identification card” refers to a clearance status that allows program providers to enter a specified institution without a custody sponsor.
• “Short-term clearance” refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
• “Statewide program provider identification card” refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status.

This bill requires CDCR to provide forms to the institution for short-term clearances. Provides the institution can only use the forms provided by CDCR to process the short-term clearance. Provides that the forms should reflect the limited nature of this clearance and prohibits them from being overly burdensome. Prohibits an institution from requiring additional institution-specific “local” forms.

This bill prohibits CDCR from requiring a Live Scan fingerprinting for a program provider applying for a short-term clearance.

This bill prohibits CDCR from limiting the number of short-term clearances a program provider can receive.

This bill requires CDCR to notify all short-term clearance applicants of the decision to approve or disapprove the application within the following timeframes:

• Clearance for 1 to 10 people: five working days or less.
• Clearance for 11 to 20 people: 10 working days or less.
• Clearance for 21 to 30 people: 15 working days or less.
• Clearance for 30 or more people: 20 working days or less.

This bill requires CDCR to provide a standardized clearance packet to the institution for annual clearances. Requires the institution to only use the clearance packet provided by CDCR, composed only of approved forms, which allows program providers to use the same packet for different institutions. Prohibits an institution from requiring additional institution-specific “local” forms.

This bill requires a program provider applying for an annual clearance to complete a standardized clearance packet.

This bill requires a program provider applying for this clearance to be subject to the same infectious disease testing policies as CDCR staff. Requires CDCR to accept specified forms in lieu CDCR forms as documentation of testing.

This bill requires a program provider to submit fingerprints concurrently with the annual clearance application and that the fingerprints be taken and processed via Live Scan. Provides that if the program provider has already provided fingerprints to an institution or CDCR, no additional fingerprinting are required.

This bill provides that an annual clearance may be renewed on an annual basis.

This bill requires a program provider with an annual clearance to have either a program provider identification card or a custody sponsor.

This bill prohibits CDCR from limiting the number of annual clearances a program provider can receive.

This bill requires CDCR to notify all program provider applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application.

This bill requires CDCR to provide a standardized clearance packet to the institution for a program provider identification card. Requires the institution to only use the clearance packet provided by the department, composed only of approved forms, which allows program providers to use the same packet for different institutions. Prohibits an institution from requiring additional institution-specific “local” forms.

This bill provides that a program provider identification card is valid for five years, provided the program provider meets testing and annual training requirements.

This bill authorizes a program provider with a program provider identification card to be able to escort other authorized program providers within the institution for which the program provider identification card is valid.

This bill provides that a program provider applying for a program provider identification card is subject to the same infectious disease testing policies as CDCR staff. Requires CDCR to accept specified forms in lieu of CDCR forms as documentation of testing.

This bill requires a program provider to submit fingerprints concurrently with the clearance application and that the fingerprints be taken and processed via Live Scan. Provides that if the program provider has already provided fingerprints to an institution or the department, no additional fingerprinting is required.

This bill prohibits CDCR from limiting the number of program provider identification cards a program provider can receive.

This bill requires CDCR to notify all program provider card applicants of the decision to approve or disapprove within 30 days of receipt of the application.

This bill provides that a statewide program provider identification card is valid for five years, provided the program provider meets testing and annual training requirements.

This bill provides that a program provider applying for a statewide program provider identification card is subject to the same infectious disease testing policies as CDCR staff. Specifies the forms that must be accepted in in lieu of CDCR forms as documentation of testing.

This bill requires a program provider to submit fingerprints concurrently with the clearance application and that the fingerprints to be taken and processed via Live Scan. Provides that if the program provider has already provided fingerprints to an institution or the department, no additional fingerprinting are required.

This bill provides that a program provider with a statewide program provider identification card is able to escort other authorized program providers within each institution for which the statewide program provider identification card is valid.

This bill authorizes a program provider with a statewide program provider identification card to provide programs without a custody sponsor.

This bill provides that a program provider may immediately request a program provider identification card if it has been providing programming for a minimum of six months at more than three institutions, when approved to provide programs at any additional institutions.

This bill requires CDCR to notify all statewide program provider card applicants of the decision to approve or disapprove the application within 30 days of receipt of the application.

This bill requires CDCR to designate a standardized approval process for people who were formerly incarcerated and who are applying for all clearances covered by the provisions of this bill.

This bill prohibits CDCR from excluding people who were formerly incarcerated from applying based on the type of institution or local area the person is applying to, unless extraordinary circumstances exist, such as verified or credible evidence by a warden that the person who was formerly incarcerated has introduced contraband into the institution.

This bill requires the Division of Adult Parole Operations to provide documentation for applicants who were formerly incarcerated and are currently on parole, and who require documentation from the division to be provided any type of clearance, within 14 calendar days of the receipt of the request.

This bill requires an institution to write and explain in a memorandum the reasons for denying a formerly incarcerated person’s program provider application for clearance.

This bill provides that denial of applications for clearance are grounds for an appeal, and requires an appeal of denial of application for clearance to be resolved within 90 days.

This bill requires CDCR to notify all program provider applicants for clearance of their right to appeal clearance decisions and of the process for filing an appeal. Requires CDCR to notify all program provider applicants for clearance of the final disposition of their appeal within 90 days.

This bill requires CDCR to enter into a contract with the Department of Justice (DOJ) in order to receive notifications of subsequent state or federal arrests or dispositions for program providers applying for an annual clearance, a program provider identification card, or a statewide program provider identification card.

This bill requires CDCR to immediately notify DOJ when a program provider who is applying for or who has been approved for an annual clearance, a program provider identification card, or a statewide program provider identification card notifies CDCR that the program provider wishes to terminate the application, the annual clearance, the program provider identification card, or the statewide program provider identification card, or if the annual clearance, the program provider identification card, or the statewide program provider identification card is revoked or is not renewed, in order to terminate state or federal subsequent notifications for that program provider.

This bill requires DOJ to terminate state or federal subsequent notifications on any program provider upon the receipt of a notice from CDCR.

This bill requires CDCR, upon receiving notification of a subsequent state or federal arrest or disposition for a program provider with an annual clearance, a program provider identification card, or a statewide program provider identification card, to reassess these clearances, and may revoke the annual clearance, the program provider identification card, or the statewide program provider identification card if the department deems it warranted.

This bill requires CDCR to immediately notify DOJ if it receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the department, or for a program provider for whom the annual clearance, the program provider identification card, or the statewide program provider identification card has been terminated, not renewed, or revoked. Prohibits CDCR from recording or otherwise retaining any information received as a result of the subsequent notice.

COMMENTS

1. Need For This Bill

According to the author:

Over the last five years, the legislature has invested significant taxpayer dollars toward community based organization programming. While these programs are being positioned to expand and provide high-need services, program providers continue to cite access issues as a serious barrier in delivering these services to incarcerated people who need and want programs. Addressing access issues is fundamental to ensure the continuity and success of these programs, AB 581 addresses routine access issues to further facilitate the delivery of vital programs. This bill seeks to optimize State funding by eliminating wasteful practices that detract from program providers’ limited resources.

1. Existing CDCR Policies on Volunteers

Categories of Volunteers

According to CDCR, there are three statuses for volunteers and program providers: outside guests, provisional volunteers, and regular volunteers. Outside guests are individuals who provide services on a temporary or infrequent basis and include guest speakers associated with community-based organizations, individuals who volunteer their talents for entertainment purposes or participate in an athletic event, and those who have been approved to observe or monitor such events. Provisional volunteers or program providers are individuals who provide escorted service as determined by the facility’s Community Resources Manager, and are subject to performance evaluation review. Regular volunteers or program providers are individuals who provide services on an ongoing basis and have completed a minimum of six months of evaluation as a provisional volunteer at the institution. Services provided by regular volunteers are generally performed under indirect supervision and are subject to performance requirements and evaluations. A volunteer seeking regular volunteer status who provides services at multiple institutions shall complete a six month evaluation period at each institution, unless otherwise approved by the warden at the specific institution. Regular volunteers may be allowed unescorted access to their programming area with the use of volunteer identification cards.

Regular volunteers or program providers can enter facilities without an escort if they hold a Volunteer Identification Card. Volunteers and Program Providers may obtain an unescorted gate clearance and Volunteer Identification Card upon approval and regular service to the incarcerated population. The warden or designee determines Volunteer Identification Card Status. Volunteer mentors are regular volunteers that have been approved by the warden to provide ongoing rehabilitative guidance and support to one or more incarcerated persons. (CDCR, Volunteer and Program Providers <https://www.cdcr.ca.gov/community-partners/volunteer-and-program-providers/>.)

Process to Become a Volunteer

Individuals interested in volunteering and becoming program service providers need to coordinate with the Community Resources Manager (CRM) at each institution. All of the following items must be submitted or completed: letter of interest, volunteer and program service provider application, training, Live Scan fingerprinting, and tuberculosis screening.

All new applicants that would like to be a volunteer or program provider must submit a letter that provides justification of the services they are providing, how long they have been providing services, where they have been providing services as well as the applicant’s employment, academic status, and participation in the community. The volunteer and program service provider application includes several forms, including a service agreement, tuberculosis certification, and request for volunteer contact with inmates, among others. Regular and provisional volunteers must complete volunteer training modules annually on topics such as communicable disease prevention, the Prison Rape Elimination Act, fire prevention and life safety, and sexual harassment prevention. (CDCR, Becoming a Volunteer or Program Provider <https://www.cdcr.ca.gov/community-partners/volunteer-and-program-providers/becoming-a-volunteer-or-program-service-provider/>.)

This bill directs CDCR to standardize the volunteer and program provider approval process in order to simplify the processes that program providers must adhere to in order to provide rehabilitative services in prisons.

1. Clearance for Formerly Incarcerated Persons Who Provide Rehabilitative Programming

According to CDCR, wardens may approve formerly incarcerated persons, parolees, and those on probation to serve as volunteers or program providers. In addition to all of the other existing requirements, CDCR’s website further provides that formerly incarcerated individuals interested in becoming a volunteer or program provider must submit the following, as applicable: if on parole, “written approval from a regional parole administrator”; if under supervised probation, “written approval from chief probation officer”; and, if currently on an informal probation, “written approval from the court or representative of the court.” (CDCR, Volunteer and Program Providers <https://www.cdcr.ca.gov/community-partners/volunteer-and-program-providers/becoming-a-volunteer-or-program-service-provider/>.)

This bill requires CDCR to designate a standardized approval process for formerly incarcerated individuals who are applying for any of the four types of clearances. This bill also prohibits CDCR from excluding people who were formerly incarcerated from applying based on the type of institution or local area the person is applying to, unless extraordinary circumstances exists. This bill additionally requires the Division of Adult Parole Operations to provide documentation for applicants currently on parole within 14 calendar days of the receipt of the request.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 581

Author:(Wendy Carrillo)

As Amended Ver:May 18, 2023

Majority vote

SUMMARY

Establishes clearances for program providers that provide rehabilitative programming at state prisons.

Major Provisions

1. Establishes four clearances for program providers that provide rehabilitative programing to incarcerated people at state prisons including: a) a short-term clearance, b) an annual clearance, c) a program provider identification card and, d) a statewide program provider identification card.
2. Defines "short-term clearance" as a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
3. Defines "annual clearance" as a clearance allowing a program provider to enter one institution for a full calendar year.
4. Defines "program provider identification card" as a clearance that allows program providers to enter a specified institution without a custody sponsor. A program provider is valid for five years, provided the program provider meets testing and annual training requirements, as specified.
5. Defines "statewide program provider identification card" as a clearance provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status. A statewide program provider identification card is valid for five years, provided the program provider meets testing and annual training requirements, as specified.
6. Requires CDCR to designate a standardized approval process for people who were formerly incarcerated and who are applying for any of the four types of clearances.
7. Requires CDCR to notify all applicants for clearance of their right to appeal clearance application decisions and of the process for filing an appeal. CDCR shall notify applicants of the final disposition of their appeal within 90 days.
8. Requires CDCR to enter into a contract with the Department of Justice to receive notifications of subsequent state or federal arrests or dispositions for program providers applying for any of the four types of clearances, as specified. Upon receiving notification of a subsequent arrest or disposition for a program provider, CDCR shall reassess the clearance and may revoke the clearance if CDCR deems it warranted.
9. Defines "custody sponsor" as correctional staff at an institution assigned to escort program providers within the institution.
10. Defines "program provider" as an individual affiliated with a nonprofit organization that originates outside CDCR and provides rehabilitative programming to incarcerated people.

COMMENTS

According to the Author

"Over the last five years, the legislature has invested significant taxpayer dollars toward community based organization programming. While these programs are being positioned to expand and provide high-need services, program providers continue to cite access issues as a serious barrier in delivering these services to incarcerated people who need and want programs. Addressing access issues is fundamental to ensure the continuity and success of these programs, AB 581 addresses routine access issues to further facilitate the delivery of vital programs."

Arguments in Support

1. According to the Center for Council, "Despite our experience and successful programming, we operate with a small staff and limited resources for operations. The Department of Corrections and Rehabilitation has a complicated, time-consuming, and needlessly costly process for approving clearances for rehabilitative program providers to enter the prisons. Currently, regulations fail to provide a set of guidelines to standardize and simplify the processes that program providers must adhere to in order to gain access to provide their vital programs.

"In-prison program providers operate with limited budgets and resources, which makes it imperative that they allocate funds and time to provide adequate support and services to the individuals they serve as opposed to unnecessary and overly burdensome bureaucratic requirements.

"This bill seeks to solve complications in routine processes that require significant resources, including state staff time and program staff time, multiple and needlessly repetitive Live Scans, and unnecessarily onerous and duplicative tuberculosis testing. These costs quickly add up and put a strain on state budgets and resources and, in turn, program providers' budgets and resources.

"By investing in programs that aim to improve the lives of incarcerated Californians, the State is demonstrating its commitment to reducing crime and improving public safety in a more comprehensive and effective way. Rehabilitative programs interrupt cycles of incarceration and promote public safety by providing incarcerated people with the skills, knowledge, and support they need to make positive changes in their lives. Unlike other types of in-prison programming, such as vocational training, educational classes, or cognitive-behavioral therapy, community-based in-prison programs employ a more holistic and collaborative approach to rehabilitation, which recognizes that transformation requires a range of services to address the complex needs of incarcerated people.

"If this bill were to achieve its desired effect, community based organizations could deploy their staff much more efficiently and consistently, improving the quality and reliability of their programming. Time and money would be saved for both the State and program providers by minimizing bureaucratic barriers to program delivery and allowing program providers to spend more of their time and energy on helping their program participants.

"Additionally, standardizing the process by which formerly incarcerated program providers can get cleared to enter prisons in order to deliver rehabilitative programming will aid the Department of Corrections and Rehabilitations' mandate. Formerly incarcerated individuals face significant barriers to reintegration, and in many cases their ability to find employment with community based organizations to deliver rehabilitative programming is dependent on getting cleared to enter prisons. By standardizing the regulations for clearance, this bill will support the reintegration efforts of formerly incarcerated program providers and will allow them to credibly deliver vital programming more effectively."

1. According to the Transformative in-Prison Workgroup (TPW), "While security clearance processes are critical to facilitate entry for rehabilitative program providers into CDCR facilities to interact with and provide programming for incarcerated people, the process is often unnecessarily cumbersome, inefficient, and costly. Further, though formerly incarcerated program providers provide critical, and credible, services to incarcerated individuals, they also face a bewildering array of often inexplicable rules and regulations, mostly institution specific, that hinder rather than support these individuals who willing to go back inside to help others prepare for a successful reentry.

"AB 581 (Carrillo) directly addresses the practice of having different clearance requirements at each institution, with each institution requiring paperwork and forms specific to that institution, by mandating that the CDCR promulgate one set of standardized forms for all institutions. […] And this bill corrects the practice of each prison enforcing different standards for formerly incarcerated program providers, such that the same person may be approved at one prison and denied at another based solely on their formerly incarcerated status, by mandating one system-wide set of standards."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Minor and absorbable costs (General Fund) to CDCR to implement the clearance process required by this bill.
2. Costs of an unknown amount (Special Fund) to the Department of Justice (DOJ) to notify CDCR of subsequent arrests and dispositions for program providers applying for specified clearances. In 2018, DOJ anticipated costs in the hundreds of thousands of dollars for five staff positions to provide similar notifications to the Department of Social Services and several medical boards, which at the time oversaw volunteers and staff at more than 70,000 community care facilities (see AB 2461 (Flora) Chapter 300, Statutes of 2018). This bill would require DOJ to provide notifications for a smaller group of individuals – specified CDCR clearance applicants – so costs to DOJ to complete this bill's duties would likely be lower, perhaps in the tens of thousands of dollars annually.

VOTES

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur

ASM APPROPRIATIONS: 11-0-5

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez

UPDATED

VERSION: May 18, 2023

CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0000911

Date of Hearing: May 3, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 581

Author:(Wendy Carrillo) – As Amended Ver:March 16, 2023

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

SUMMARY:

This bill creates standard security clearance levels and procedures for people who provide rehabilitative programing in California Department of Corrections and Rehabilitation (CDCR) facilities.

FISCAL EFFECT:

Costs in the hundreds of thousands of dollars annually (General Fund) to CDCR. CDCR anticipates needing additional staffing within its Division of Rehabilitative Programs to establish and oversee the new clearance process, with a fiscal impact of roughly $550,000 annually.

COMMENTS:

1. Author’s Statement. According to the author:

Over the last five years, the legislature has invested significant taxpayer dollars toward community based organization programming. While these programs are being positioned to expand and provide high-need services, program providers continue to cite access issues as a serious barrier in delivering these services to incarcerated people who need and want programs. Addressing access issues is fundamental to ensure the continuity and success of these programs, AB 581 addresses routine access issues to further facilitate the delivery of vital programs

1. Background. Existing law requires CDCR to make rehabilitative programming available to people incarcerated in state prisons. It is a felony for someone with a prior felony conviction to enter a CDCR facility without the consent of the warden. There are currently no statutes or regulations that govern who can come into CDCR facilities to provide rehabilitative programing; instead, policies vary by institution. As a result, one person who provides rehabilitative programs at three different prisons may need to obtain three different LiveScan background checks and go through three different processes to obtain permission to enter the facilities.

This bill establishes standard security clearance levels for individual program providers who are employed with nonprofits and provide rehabilitative programming within CDCR. Specifically, the bill creates standard processes for short-term clearances, annual clearances, and five-year clearances. The bill requires CDCR to provide institutions with standard forms to be used for each clearance level, and requires that institutions do not deviate from the forms and procedures specified by CDCR. Additionally, the bill requires CDCR to designate a standard approval process for providing clearance to people who were formerly incarcerated. CDCR will incur in implementing an overseeing these clearance policies at each facility. Once the clearance program is up and running, there may be modest cost savings to CDCR as well – by establishing standard clearance procedures, prison staff will no longer duplicate their efforts by clearing program providers for each individual prison.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: April 18, 2023

Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Establishes clearances for program providers that provide rehabilitative programming at state prisons. Specifically, this bill:

1. Establishes four clearances for program providers that provide rehabilitative programing to incarcerated people at state prisons including: (1) a short-term clearance, (2) an annual clearance (3) a program provider identification card and, (4) a statewide program provider identification card.
   
2. Defines “Short-term clearance” as a clearance that allows a program provider to enter an institution for three or fewer days per specific event, and provides all of the following in relation to short-term clearances:
   1. The California Department of Corrections and Rehabilitation (CDCR) shall provide the forms to institutions for short-term clearances;
      
   2. Institutions shall only use the forms provided by CDCR to process short-term clearances;
      
   3. Institutions shall not require additional institution-specific local forms for short-term clearances;
      
   4. CDCR shall not require a tuberculosis test or Live Scan fingerprinting for a program provider applying for a short-term clearance;
      
   5. CDCR shall not limit the number of short-term clearances a program provider can receive; and,
      
   6. CDCR is required to notify all short-term clearance applicants of the decision to approve or deny the application within specified timeframes.
      
3. Defines “Annual clearance” as a clearance allowing a program provider to enter one institution for a full calendar year and provides the following in relation to annual clearances:
   
   1. CDCR shall provide standardized clearance packets to institutions for annual clearances;
      
   2. Institutions shall only use the standardized clearance packet provided by CDCR for annual clearances;
      
   3. Institutions shall not require additional institution-specific local forms for annual clearances;
      
   4. A program provider applying for an annual clearance is subject to the same infectious disease testing policies as CDCR staff;
      
   5. Program providers must submit fingerprints concurrently with the annual clearance application. The fingerprinting shall be taken and processed via Live Scan;
      
   6. If program provider has already provided fingerprints to an institution or CDCR, no additional fingerprinting is required;
      
   7. An annual clearance may be renewed on an annual basis;
      
   8. A program provider with an annual clearance shall have either a program provider identification card, as defined, or a custody sponsor, as defined;
      
   9. CDCR cannot limit the number of annual clearances a program provider can receive; and,
      
   10. CDCR must notify all program provider applicants for annual clearance of the decision to approve or deny the application within 30 days of receipt of the application.
       
4. Defines “Program provider identification card” as a clearance that allows program providers to enter a specified institution without a custody sponsor, and provides the following in relation to program provider identification cards:
   
   1. CDCR must provide a standardized clearance packet to institutions for program provider identification cards;
      
   2. Institutions can only use the clearance packet provided by CDCR for program provider identification cards;
      
   3. Institutions cannot require additional institution-specific local forms for program provider identification cards;
      
   4. Program provider identification cards are valid for five years, provided the program provider meets testing and annual training requirements;
      
   5. A program provider with a program provider identification can escort other authorized program providers within the institution for which the program provider identification card is valid;
      
   6. A program provider applying for a program provider identification card shall be subject to the same infectious disease testing policies as CDCR staff;
      
   7. Program providers applying for a program provider identification card must submit fingerprints concurrently with the application. The fingerprinting shall be taken and processed via Live Scan;
   8. If the program provider has already provided fingerprints to an institution or the department, no additional fingerprinting shall be required;
      
   9. CDCR cannot limit the number of program provider identification cards a program provider can receive; and,
      
   10. CDCR must notify all program provider card applicants of the decision to approve or deny the application within 30 days.
       
5. Defines “Statewide program provider identification card” as a clearance provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status, and provides the following in relation to statewide program provider identification cards:
   
   1. A statewide program provider identification card is valid for five years, provided the program provider meets testing and annual training requirements;
      
   2. A program provider applying for a statewide program provider identification card shall be subject to the same infectious disease testing policies as CDCR staff;
      
   3. A program provider applying for a statewide program provider identification card must submit fingerprints concurrently with the application. The fingerprinting shall be taken and processed via Live Scan. If the program provider has already provided fingerprints to an institution or CDCR, no additional fingerprinting shall be required;
      
   4. A program provider with a statewide program provider identification card can escort other authorized program providers within each institution for which the statewide program provider identification card is valid;
      
   5. A program provider with a statewide program provider identification card can provide programs at facilities without a custody sponsor; and,
      
   6. CDCR must notify all statewide program provider card applicants of the decision to approve or deny the application within 30 days.
      
6. Requires CDCR to designate a standardized approval process for people who were formerly incarcerated and who are applying for any of the four types of clearances, and provides the following in relation to formerly incarcerated program providers:
   
   1. CDCR shall not exclude people who were formerly incarcerated from applying based on the type of institution or local area the person is applying to, unless extraordinary circumstances exist, such as verified or credible evidence by a warden that the person who was formerly incarcerated has introduced contraband into the institution;
      
   2. For applicants who were formerly incarcerated and who are currently under supervision by the Division of Adult Parole Operations and who require documentation from the division to be provided any type of clearance, the division shall provide the documentation within 14 calendar days of the receipt of the request; and,
      
   3. Institutions must explain in a memorandum the reasons for denying a formerly incarcerated person’s program provider application for clearance, which shall be provided to the applicant by email.
      
7. Requires CDCR to notify all applicants for clearance of their right to appeal clearance application decisions and of the process for filing an appeal. CDCR shall notify applicants of the final disposition of their appeal within 90 days.
   
8. Defines “Custody sponsor” as correctional staff at an institution assigned to escort program providers within the institution.
   
9. Defines “Institution” as a California state prison.
   
10. Defines “Program provider” as an individual affiliated with a nonprofit organization that originates outside CDCR and provides rehabilitative programming to incarcerated people.
    
11. States legislative findings and declarations.

EXISTING LAW:

1. Reaffirms a commitment to reducing recidivism among criminal offenders by reinvesting criminal justice resources to support community-based corrections programs and evidence-based practices. (Pen. Code, § 17.5.)
   
2. Finds and declares that incarcerated persons should have educational, rehabilitative, and restorative justice programs available so that their behavior may be modified and they are prepared to reenter the community. (Pen. Code, § 1170, subd. (a)(2).)
   
3. Requires CDCR to develop and implement a plan to obtain additional rehabilitation and treatment services for incarcerated persons. (Pen. Code, § 2062.)
   
4. Establishes a program to provide grants to community based organizations that provide rehabilitative services to incarcerated individuals. (Pen. Code, § 5007.3.)
   
5. Provides that every person previously convicted of a felony and confined in any state prison, without the consent of the warden in charge of any state prison or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state prison are located under the custody of prison officials, officers or employees, comes upon the grounds of any such institution, or lands belonging or adjacent thereto, is guilty of a felony. (Pen. Code, § 4571.)
6. States that every person who, without the permission the warden in charge of any state prison or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state prison are located under the custody of prison officials, officers or employees, communicates with any person detained therein is guilty of a misdemeanor. (Pen. Code, § 4570.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Over the last five years, the legislature has invested significant taxpayer dollars toward community based organization programming. While these programs are being positioned to expand and provide high-need services, program providers continue to cite access issues as a serious barrier in delivering these services to incarcerated people who need and want programs. Addressing access issues is fundamental to ensure the continuity and success of these programs, AB 581 addresses routine access issues to further facilitate the delivery of vital programs.”
   
2. CDCR’s Existing Policies on Volunteers: According to CDCR, the statuses for volunteers and program providers include:
   

• Outside Guests: Outside guests are individuals who provide services on a temporary or infrequent basis. For example, an outside guest may include guest speakers associated with community-based organizations, individuals who volunteer their talents for entertainment purposes or participate in an athletic event, and those who have been approved to observe or monitor such events.
  
• Provisional Volunteers: Provisional volunteers or program providers are individuals who provide escorted service as determined by the facility’s Community Resources Manager. Provisional volunteers are subject to performance evaluation review.
  
• Regular Volunteers: Regular volunteers or program providers are individuals who provide services on an ongoing basis as provisional volunteers at the institution and have completed a minimum of six months of evaluation as a provisional volunteer at the institution. Services provided by regular volunteers are generally performed under indirect supervision and are subject to performance requirements and evaluations. A volunteer seeking regular volunteer status who provides services at multiple institutions shall complete a six month evaluation period at each institution, unless otherwise approved by the warden at the specific institution. Regular volunteers may be allowed unescorted access to their programming area with the use of volunteer identification cards.
  
• Volunteer Identification Card: Regular volunteers or program providers can enter facilities without an escort if they hold a Volunteer Identification Card. Volunteers and Program Providers may obtain an unescorted gate clearance and Volunteer Identification Card upon approval and regular service to the inmate population. The warden or designee determines Volunteer Identification Card Status.
  
• Volunteer Mentors: Volunteer mentors are regular volunteers that have been approved by the warden to provide ongoing rehabilitative guidance and support to one or more incarcerated persons.

(CDCR, Volunteer and Program Providers <https://www.cdcr.ca.gov/community-partners/volunteer-and-program-providers/becoming-a-volunteer-or-program-service-provider/ > [April 12, 2023].)

According to CDCR, individuals interested in volunteering and becoming program service providers need to coordinate with the Community Resources Manager (CRM) at each institution. All of the following items must be submitted to the CRM:

• Letter of Interest: All new applicants that would like to be a volunteer or program provider must submit a letter that provides justification of the services they are providing, how long they have been providing services, and where they have been providing services. Additionally, this letter should include the applicant’s employment, academic status, and participation in the community.
  
• Volunteer and Program Service Provider Application: The application includes the following documents:
  
  • CDCR Form 966 Volunteer Application and Service Agreement
  • CDCR Form 181 Primary Rules and Regulations
  • CDCR Form 894 Emergency Notification Information
  • STD 910 Essential Functions Health Questionnaire
  • CDCR Form 7354 Tuberculosis Infectious Free Staff Certification
  • CDCR Form 7336 Employee Tuberculin Skin Test (TST) and Evaluation
  • CDCR Form 1049 Certification of Volunteer Participation
  • CDCR Form 8019 Nepotism and Fraternization Policy Acknowledgement
  • CDCR Form 2301 PREA Policy Information for Volunteers and Contractors
  • CDCR Form 1887 Parent Consent for Participation (Only if the applicant is under the age of 18)
  • CDCR Form 2037 Request for Volunteer Contact with Inmate
  • CDCR Form 894-A Personnel Identification Card Information
    
• Training: At the onset of service and annually thereafter, regular and provisional volunteers must complete the volunteer training modules and on-the-job training courses listed below. The trainings are to be completed annually:
  
  • Communicable Disease Prevention (Approximately 30 Minutes)
  • Inmate/Staff Relations (Approximately 30 Minutes)
  • Emergency Operations (Approximately 1 Hour)
  • Equal Employment Opportunity and Sexual Harassment Prevention (Approximately 45 Minutes)
  • Prison Rape Elimination Act (Approximately 1 Hour)
  • Information Practices Act (Approximately 1 Hour)
  • Fire Prevention and Life Safety (Approximately 30 Minutes)
  • Tuberculosis Testing Self-Education (Approximately 1 Hour)
    
• Live Scan Fingerprint Screening: According to CDCR, after submitting the required documents, provisional and regular volunteers are required to complete a live scan. The live scan can be done at CDCR Headquarters in Sacramento or at an institution close to the volunteer’s residence. Live scan is provided at no cost to the applicant.
  
• Tuberculosis Screening: volunteers and program providers are required to annually submit a tuberculosis screening.
  

(CDCR, Becoming a Volunteer or Program Provider <https://www.cdcr.ca.gov/community-partners/volunteer-and-program-providers/becoming-a-volunteer-or-program-service-provider/ > [April 12, 2023].)

CDCR’s current process for approving clearances for volunteers and program providers is complicated, time-consuming and often requires significant resources, including state staff time. This bill would direct CDCR to standardize the process and forms for all prisons in order to simplify the processes that program providers must adhere to in order to provide rehabilitative services in prisons.

1. Clearances for Formerly Incarcerated Persons Who Provide Rehabilitative Programing: According to CDCR, wardens may approve formerly incarcerated persons, parolees, and those on probation to serve as volunteers or program providers. In addition to all of the other existing onerous requirements, CDCR’s website further provides that formerly incarcerated individuals interested in becoming a volunteer or program provider must submit the following, as applicable: if on parole, “written approval from a regional parole administrator”; if under supervised probation, “written approval from chief probation officer”; and, if currently on an informal probation, “written approval from the court or representative of the court.” (CDCR, Volunteer and Program Providers <https://www.cdcr.ca.gov/community-partners/volunteer-and-program-providers/becoming-a-volunteer-or-program-service-provider/> [as of April 10, 2023].)
   
   This bill would require CDCR to designate a standardized approval process for formerly incarcerated individuals who are applying for any of the four types of clearances. It provides that CDCR shall not exclude people who were formerly incarcerated from applying based on the type of institution or local area the person is applying to, unless extraordinary circumstances exists. This bill further provides that for applicants currently on parole who require documentation for any type of clearance, Division of Adult Parole Operations must provide the documentation within 14 calendar days of the receipt of the request.
2. Arguments in Support:
   
   1. According to the Center for Council, “Despite our experience and successful programming, we operate with a small staff and limited resources for operations. The Department of Corrections and Rehabilitation has a complicated, time-consuming, and needlessly costly process for approving clearances for rehabilitative program providers to enter the prisons. Currently, regulations fail to provide a set of guidelines to standardize and simplify the processes that program providers must adhere to in order to gain access to provide their vital programs.

“In-prison program providers operate with limited budgets and resources, which makes it imperative that they allocate funds and time to provide adequate support and services to the individuals they serve as opposed to unnecessary and overly burdensome bureaucratic requirements.

“This bill seeks to solve complications in routine processes that require significant resources, including state staff time and program staff time, multiple and needlessly repetitive Live Scans, and unnecessarily onerous and duplicative tuberculosis testing. These costs quickly add up and put a strain on state budgets and resources and, in turn, program providers’ budgets and resources.

“By investing in programs that aim to improve the lives of incarcerated Californians, the State is demonstrating its commitment to reducing crime and improving public safety in a more comprehensive and effective way. Rehabilitative programs interrupt cycles of incarceration and promote public safety by providing incarcerated people with the skills, knowledge, and support they need to make positive changes in their lives. Unlike other types of in-prison programming, such as vocational training, educational classes, or cognitive-behavioral therapy, community-based in-prison programs employ a more holistic and collaborative approach to rehabilitation, which recognizes that transformation requires a range of services to address the complex needs of incarcerated people.

“If this bill were to achieve its desired effect, community based organizations could deploy their staff much more efficiently and consistently, improving the quality and reliability of their programming. Time and money would be saved for both the State and program providers by minimizing bureaucratic barriers to program delivery and allowing program providers to spend more of their time and energy on helping their program participants.

“Additionally, standardizing the process by which formerly incarcerated program providers can get cleared to enter prisons in order to deliver rehabilitative programming will aid the Department of Corrections and Rehabilitations’ mandate. Formerly incarcerated individuals face significant barriers to reintegration, and in many cases their ability to find employment with community based organizations to deliver rehabilitative programming is dependent on getting cleared to enter prisons. By standardizing the regulations for clearance, this bill will support the reintegration efforts of formerly incarcerated program providers and will allow them to credibly deliver vital programming more effectively.”

• 1. According to the Transformative in-Prison Workgroup (TPW), “While security clearance processes are critical to facilitate entry for rehabilitative program providers into CDCR facilities to interact with and provide programming for incarcerated people, the process is often unnecessarily cumbersome, inefficient, and costly. Further, though formerly incarcerated program providers provide critical, and credible, services to incarcerated individuals, they also face a bewildering array of often inexplicable rules and regulations, mostly institution specific, that hinder rather than support these individuals who willing to go back inside to help others prepare for a successful reentry.
     
     “AB 581 (Carrillo) directly addresses the practice of having different clearance requirements at each institution, with each institution requiring paperwork and forms specific to that institution, by mandating that the CDCR promulgate one set of standardized forms for all institutions. […] And this bill corrects the practice of each prison enforcing different standards for formerly incarcerated program providers, such that the same person may be approved at one prison and denied at another based solely on their formerly incarcerated status, by mandating one system-wide set of standards.”
     

1. Related Legislation:
   
   1. AB 958 (Santiago), would make the right to visitation in state and local correctional facilities a civil right, as specified. AB 958 is pending in the Assembly Appropriations Committee.
      
   2. AB 1723 (Waldron), would allow individuals previously convicted of a felony, and employed by an organization that provides rehabilitative programming, or associated with an organization that provides mentorship to currently incarcerated individuals, to enter local detention facilities, as specified. AB 1723 is being heard in this Committee today.
      
2. Prior Legislation: AB 2133 (Goldberg), Chapter 238, Statutes of 2002, required that any amendments to existing regulations and any future regulations adopted by CDCR which may impact the visitation of incarcerated persons recognize and consider the value of visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing incarcerated persons for successful release and rehabilitation.
   

REGISTERED SUPPORT / OPPOSITION:

Support

California Catholic Conference

California Public Defenders Association (CPDA)

Center for Council

Communities United for Restorative Youth Justice (CURYJ)

Creative Acts

Defy Ventures

Ella Baker Center for Human Rights

Freedom Within Project

Grip Training Institute

Healing Dialogue and Action

Initiate Justice

Insight Garden Program

Jail Guitar Doors

Prison Yoga Project

Project Rebound, San Francisco State University

Root & Rebound

Sacred Purpose LLC

San Francisco Public Defender

Santa Cruz Barrios Unidos INC.

The Lionheart Foundation

The Place4grace

The Transformative In-prison Workgroup

Uncommon Law

Vnon Activist Musician's Movement

Women's Foundation California

1 Private Individual

Opposition

None

Analysis Prepared by: