AB 857: Vocational services: formerly incarcerated persons.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-08
Current Status:
Passed
(2023-09-08: Chaptered by Secretary of State - Chapter 167, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill requires the state prison system to give every person leaving prison written information and an enrollment form for vocational rehabilitation services (job training and job supports) and independent living programs offered by the Department of Rehabilitation. It also makes formerly incarcerated people with disabilities explicitly eligible for those vocational services to help them get and keep work and reduce the chance of returning to prison.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law establishes the Department of Rehabilitation to provide specified services to eligible individuals with physical or mental disabilities. Existing law defines vocational rehabilitation services for these purposes.
Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison and maintain custody and care of persons incarcerated in the state prison as punishment for a crime.
Existing law requires each inmate, upon release, to serve a period of parole. Existing law requires each inmate, upon release, to be paid an allowance by the department. Existing law also requires the department to ensure every eligible inmate released from prison receives a valid identification card issued by the Department of Motor Vehicles.
This bill would require the Department of Corrections and Rehabilitation to provide each inmate, upon release, informational materials about vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation, as specified, and an enrollment form for vocational rehabilitation services. The bill would also expand the scope of vocational rehabilitation services offered by the Department of Rehabilitation to include service provided to former inmates with disabilities.
Existing law establishes the Department of Rehabilitation to provide specified services to eligible individuals with physical or mental disabilities. Existing law defines vocational rehabilitation services for these purposes.
Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison and maintain custody and care of persons incarcerated in the state prison as punishment for a crime.
Existing law requires each inmate, upon release, to serve a period of parole. Existing law requires each inmate, upon release, to be paid an allowance by the department. Existing law also requires the department to ensure every eligible inmate released from prison receives a valid identification card issued by the Department of Motor Vehicles.
This bill would require the Department of Corrections and Rehabilitation to provide each inmate, upon release, informational materials about vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation, as specified, and an enrollment form for vocational rehabilitation services. The bill would also expand the scope of vocational rehabilitation services offered by the Department of Rehabilitation to include service provided to former inmates with disabilities.
Existing law establishes the Department of Rehabilitation to provide specified services to eligible individuals with physical or mental disabilities. Existing law defines vocational rehabilitation services for these purposes.
Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison and maintain custody and care of persons incarcerated in the state prison as punishment for a crime.
Existing law requires each inmate, upon release, to serve a period of parole. Existing law requires each inmate, upon release, to be paid an allowance by the department. Existing law also requires the department to ensure every eligible inmate released from prison receives a valid identification card issued by the Department of Motor Vehicles.
This bill would require the Department of Corrections and Rehabilitation to provide each inmate, upon release, informational materials about vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation, as specified, and an enrollment form for vocational rehabilitation services. The bill would also expand the scope of vocational rehabilitation services offered by the Department of Rehabilitation to include service provided to former inmates with disabilities.
Existing law establishes the Department of Rehabilitation to provide specified services to eligible individuals with physical or mental disabilities. Existing law defines vocational rehabilitation services for these purposes.
Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison and maintain custody and care of persons incarcerated in the state prison as punishment for a crime.
Existing law requires each inmate, upon release, to serve a period of parole. Existing law requires each inmate, upon release, to be paid an allowance by the department. Existing law also requires the department to ensure every eligible inmate released from prison receives a valid identification card issued by the Department of Motor Vehicles.
This bill would require the Department of Corrections and Rehabilitation to provide each inmate, upon release, a form for enrollment in informational materials about vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation, as specified. specified, and an enrollment form for vocational rehabilitation services. The bill would also expand the scope of vocational rehabilitation services offered by the Department of Rehabilitation to include service provided to former inmates with disabilities.
Existing law establishes the Department of Rehabilitation to provide specified services to eligible individuals with physical or mental disabilities. Existing law defines vocational rehabilitation services for these purposes.
Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison and maintain custody and care of persons incarcerated in the state prison as punishment for a crime.
Existing law requires each inmate, upon release, to serve a period of parole. Existing law requires each inmate, upon release, to be paid an allowance by the department. Existing law also requires the department to ensure every eligible inmate released from prison receives a valid identification card issued by the Department of Motor Vehicles.
This bill would require the Department of Corrections and Rehabilitation to provide each inmate, upon release, a form for enrollment in vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation, as specified. The bill would also expand the scope of vocational rehabilitation services offered by the Department of Rehabilitation to include service provided to former inmates with disabilities.
The department shall, upon release, provide each inmate informational written materials, in a format prescribed by the department, regarding vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation described in Division 10 (commencing with Section 19000) of the Welfare and Institutions Code, and an enrollment form for these vocational rehabilitation services. These documents shall be provided to any inmate being released, whether or not the department believes them to be eligible for these programs and services.
SEC. 2.Section 19150 of the Welfare and Institutions Code is amended to read:19150.(a)The term vocational rehabilitation services means the following services and goods:
(1)An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including if appropriate, an assessment by personnel skilled in rehabilitation technology or an assessment for supported employment as an employment outcome.
(2)Counseling, guidance, and work-related placement services for persons with disabilities, including job search assistance, placement assistance, job retention services, personal assistance services, followup services, and specific postemployment services necessary to assist those individuals in maintaining, regaining, or advancing in their employment, both competitive and supported.
(3)Training services for persons with disabilities, which shall include personal and vocational adjustment, books, and other training materials.
(4)Auxiliary aide services, such as reader services for individuals who are blind and interpreter services for individuals who are deaf.
(5)Job coaching services that may include any of the following:
(A)On-the-job skill training.
(B)Observation or supervision at the worksite.
(C)Consultation or training, or both, of coworkers and supervisors.
(D)Assistance in integrating into the work environment.
(E)Destination training.
(F)Assistance with public support agencies.
(G)Family and residential provider consultation.
(H)Any other on- or off-the-job support services needed to reinforce and stabilize job placement.
(6)Recruitment and training services for persons with disabilities to provide them with new employment opportunities in the fields of rehabilitation, health, welfare, public safety, and law enforcement, and other appropriate service employment.
(7)Physical and mental restoration services, including, but not limited to, the following:
(A)Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes an impediment to employment, but is of such a nature that the correction or modification may reasonably be expected to eliminate or substantially reduce the impediment to employment within a reasonable length of time.
(B)Necessary hospitalization in connection with surgery or treatment.
(C)Prosthetic and orthotic devices.
(D)Eyeglasses and visual services as prescribed by a physician skilled in the diseases of the eye or by an optometrist.
(8)Maintenance, not exceeding the additional costs incurred while participating in rehabilitation.
(9)Occupational licenses, tools, equipment, and initial stocks and supplies.
(10)Rehabilitation technology services, which shall include rehabilitation engineering and assistive technology services and devices.
(11)On-the-job or other related personal assistance services provided to an individual with a disability who is receiving other vocational rehabilitation services.
(12)Transition services to students, pursuant to cooperative agreements established under Section 19013, that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives.
(13)Referral and other services designed to assist individuals with disabilities in securing needed services from other agencies through agreements developed pursuant to Section 19013.
(14)The provision of other programs and services when provided for the benefit of groups of individuals, including, but not limited to, any of the following:
(A)In the case of any type of small business operated by individuals with significant disabilities, the operation of which can be improved by management services and supervision provided by the department, the provision of those services and supervision, alone or together with the acquisition by the department of vending stands and other equipment and initial stocks and supplies.
(B)The establishment, development, or improvement of community rehabilitation programs that promise to contribute substantially to the rehabilitation of a group of individuals but that are not related directly to the rehabilitation plan of any one individual with a disability, providing the program is used to provide services that promote integration and competitive employment, including supported employment.
(C)Technical assistance and support services to businesses that are not subject to Subchapter 1 (commencing with Section 12111) of Chapter 126 of Title 42 of the United States Code and that are seeking to employ individuals with disabilities.
(15)Transportation in connection with the rendering of any other vocational rehabilitation service.
(16)Any other goods and services necessary to render a person with disabilities employable.
(17)Services to the families of persons with disabilities when those services will contribute substantially to the rehabilitation of those individuals.
(18)Services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism.
(b)For the purposes of subdivision (a), full consideration of eligibility for any comparable service or benefit shall be utilized to the extent permitted by federal law.
The department shall, upon release, provide each inmate informational written materials, in a format prescribed by the department, regarding vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation described in Division 10 (commencing with Section 19000) of the Welfare and Institutions Code, and an enrollment form for these vocational rehabilitation services. These documents shall be provided to any inmate being released, whether or not the department believes them to be eligible for these programs and services.
SEC. 2.Section 19150 of the Welfare and Institutions Code is amended to read:19150.(a)The term vocational rehabilitation services means the following services and goods:
(1)An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including if appropriate, an assessment by personnel skilled in rehabilitation technology or an assessment for supported employment as an employment outcome.
(2)Counseling, guidance, and work-related placement services for persons with disabilities, including job search assistance, placement assistance, job retention services, personal assistance services, followup services, and specific postemployment services necessary to assist those individuals in maintaining, regaining, or advancing in their employment, both competitive and supported.
(3)Training services for persons with disabilities, which shall include personal and vocational adjustment, books, and other training materials.
(4)Auxiliary aide services, such as reader services for individuals who are blind and interpreter services for individuals who are deaf.
(5)Job coaching services that may include any of the following:
(A)On-the-job skill training.
(B)Observation or supervision at the worksite.
(C)Consultation or training, or both, of coworkers and supervisors.
(D)Assistance in integrating into the work environment.
(E)Destination training.
(F)Assistance with public support agencies.
(G)Family and residential provider consultation.
(H)Any other on- or off-the-job support services needed to reinforce and stabilize job placement.
(6)Recruitment and training services for persons with disabilities to provide them with new employment opportunities in the fields of rehabilitation, health, welfare, public safety, and law enforcement, and other appropriate service employment.
(7)Physical and mental restoration services, including, but not limited to, the following:
(A)Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes an impediment to employment, but is of such a nature that the correction or modification may reasonably be expected to eliminate or substantially reduce the impediment to employment within a reasonable length of time.
(B)Necessary hospitalization in connection with surgery or treatment.
(C)Prosthetic and orthotic devices.
(D)Eyeglasses and visual services as prescribed by a physician skilled in the diseases of the eye or by an optometrist.
(8)Maintenance, not exceeding the additional costs incurred while participating in rehabilitation.
(9)Occupational licenses, tools, equipment, and initial stocks and supplies.
(10)Rehabilitation technology services, which shall include rehabilitation engineering and assistive technology services and devices.
(11)On-the-job or other related personal assistance services provided to an individual with a disability who is receiving other vocational rehabilitation services.
(12)Transition services to students, pursuant to cooperative agreements established under Section 19013, that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives.
(13)Referral and other services designed to assist individuals with disabilities in securing needed services from other agencies through agreements developed pursuant to Section 19013.
(14)The provision of other programs and services when provided for the benefit of groups of individuals, including, but not limited to, any of the following:
(A)In the case of any type of small business operated by individuals with significant disabilities, the operation of which can be improved by management services and supervision provided by the department, the provision of those services and supervision, alone or together with the acquisition by the department of vending stands and other equipment and initial stocks and supplies.
(B)The establishment, development, or improvement of community rehabilitation programs that promise to contribute substantially to the rehabilitation of a group of individuals but that are not related directly to the rehabilitation plan of any one individual with a disability, providing the program is used to provide services that promote integration and competitive employment, including supported employment.
(C)Technical assistance and support services to businesses that are not subject to Subchapter 1 (commencing with Section 12111) of Chapter 126 of Title 42 of the United States Code and that are seeking to employ individuals with disabilities.
(15)Transportation in connection with the rendering of any other vocational rehabilitation service.
(16)Any other goods and services necessary to render a person with disabilities employable.
(17)Services to the families of persons with disabilities when those services will contribute substantially to the rehabilitation of those individuals.
(18)Services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism.
(b)For the purposes of subdivision (a), full consideration of eligibility for any comparable service or benefit shall be utilized to the extent permitted by federal law.
The department shall, upon release, provide each inmate, including those incarcerated in youth facilities, inmate informational written materials, in a format prescribed by the department, regarding vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation described in Division 10 (commencing with Section 19000) of the Welfare and Institutions Code, and an enrollment form for these vocational rehabilitation services. These documents shall be provided to any inmate being released, whether or not the department believes them to be eligible for these programs and services.
SEC. 2.Section 19150 of the Welfare and Institutions Code is amended to read:19150.(a)The term vocational rehabilitation services means the following services and goods:
(1)An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including if appropriate, an assessment by personnel skilled in rehabilitation technology or an assessment for supported employment as an employment outcome.
(2)Counseling, guidance, and work-related placement services for persons with disabilities, including job search assistance, placement assistance, job retention services, personal assistance services, followup services, and specific postemployment services necessary to assist those individuals in maintaining, regaining, or advancing in their employment, both competitive and supported.
(3)Training services for persons with disabilities, which shall include personal and vocational adjustment, books, and other training materials.
(4)Auxiliary aide services, such as reader services for individuals who are blind and interpreter services for individuals who are deaf.
(5)Job coaching services that may include any of the following:
(A)On-the-job skill training.
(B)Observation or supervision at the worksite.
(C)Consultation or training, or both, of coworkers and supervisors.
(D)Assistance in integrating into the work environment.
(E)Destination training.
(F)Assistance with public support agencies.
(G)Family and residential provider consultation.
(H)Any other on- or off-the-job support services needed to reinforce and stabilize job placement.
(6)Recruitment and training services for persons with disabilities to provide them with new employment opportunities in the fields of rehabilitation, health, welfare, public safety, and law enforcement, and other appropriate service employment.
(7)Physical and mental restoration services, including, but not limited to, the following:
(A)Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes an impediment to employment, but is of such a nature that the correction or modification may reasonably be expected to eliminate or substantially reduce the impediment to employment within a reasonable length of time.
(B)Necessary hospitalization in connection with surgery or treatment.
(C)Prosthetic and orthotic devices.
(D)Eyeglasses and visual services as prescribed by a physician skilled in the diseases of the eye or by an optometrist.
(8)Maintenance, not exceeding the additional costs incurred while participating in rehabilitation.
(9)Occupational licenses, tools, equipment, and initial stocks and supplies.
(10)Rehabilitation technology services, which shall include rehabilitation engineering and assistive technology services and devices.
(11)On-the-job or other related personal assistance services provided to an individual with a disability who is receiving other vocational rehabilitation services.
(12)Transition services to students, pursuant to cooperative agreements established under Section 19013, that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives.
(13)Referral and other services designed to assist individuals with disabilities in securing needed services from other agencies through agreements developed pursuant to Section 19013.
(14)The provision of other programs and services when provided for the benefit of groups of individuals, including, but not limited to, any of the following:
(A)In the case of any type of small business operated by individuals with significant disabilities, the operation of which can be improved by management services and supervision provided by the department, the provision of those services and supervision, alone or together with the acquisition by the department of vending stands and other equipment and initial stocks and supplies.
(B)The establishment, development, or improvement of community rehabilitation programs that promise to contribute substantially to the rehabilitation of a group of individuals but that are not related directly to the rehabilitation plan of any one individual with a disability, providing the program is used to provide services that promote integration and competitive employment, including supported employment.
(C)Technical assistance and support services to businesses that are not subject to Subchapter 1 (commencing with Section 12111) of Chapter 126 of Title 42 of the United States Code and that are seeking to employ individuals with disabilities.
(15)Transportation in connection with the rendering of any other vocational rehabilitation service.
(16)Any other goods and services necessary to render a person with disabilities employable.
(17)Services to the families of persons with disabilities when those services will contribute substantially to the rehabilitation of those individuals.
(18)Services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism.
(b)For the purposes of subdivision (a), full consideration of eligibility for any comparable service or benefit shall be utilized to the extent permitted by federal law.
The department shall, upon release, provide each inmate, including those incarcerated in youth facilities, a form for enrollment in informational written materials, in a format prescribed by the department, regarding vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation described in Division 10 (commencing with Section 19000) of the Welfare and Institutions Code. This enrollment form Code, and an enrollment form for these vocational rehabilitation services. These documents shall be provided to any inmate being released, whether or not the department believes them to be eligible for these programs and services.
SEC. 2.Section 19150 of the Welfare and Institutions Code is amended to read:19150.(a)The term vocational rehabilitation services means the following services and goods:
(1)An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including if appropriate, an assessment by personnel skilled in rehabilitation technology or an assessment for supported employment as an employment outcome.
(2)Counseling, guidance, and work-related placement services for persons with disabilities, including job search assistance, placement assistance, job retention services, personal assistance services, followup services, and specific postemployment services necessary to assist those individuals in maintaining, regaining, or advancing in their employment, both competitive and supported.
(3)Training services for persons with disabilities, which shall include personal and vocational adjustment, books, and other training materials.
(4)Auxiliary aide services, such as reader services for individuals who are blind and interpreter services for individuals who are deaf.
(5)Job coaching services that may include any of the following:
(A)On-the-job skill training.
(B)Observation or supervision at the worksite.
(C)Consultation or training, or both, of coworkers and supervisors.
(D)Assistance in integrating into the work environment.
(E)Destination training.
(F)Assistance with public support agencies.
(G)Family and residential provider consultation.
(H)Any other on- or off-the-job support services needed to reinforce and stabilize job placement.
(6)Recruitment and training services for persons with disabilities to provide them with new employment opportunities in the fields of rehabilitation, health, welfare, public safety, and law enforcement, and other appropriate service employment.
(7)Physical and mental restoration services, including, but not limited to, the following:
(A)Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes an impediment to employment, but is of such a nature that the correction or modification may reasonably be expected to eliminate or substantially reduce the impediment to employment within a reasonable length of time.
(B)Necessary hospitalization in connection with surgery or treatment.
(C)Prosthetic and orthotic devices.
(D)Eyeglasses and visual services as prescribed by a physician skilled in the diseases of the eye or by an optometrist.
(8)Maintenance, not exceeding the additional costs incurred while participating in rehabilitation.
(9)Occupational licenses, tools, equipment, and initial stocks and supplies.
(10)Rehabilitation technology services, which shall include rehabilitation engineering and assistive technology services and devices.
(11)On-the-job or other related personal assistance services provided to an individual with a disability who is receiving other vocational rehabilitation services.
(12)Transition services to students, pursuant to cooperative agreements established under Section 19013, that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives.
(13)Referral and other services designed to assist individuals with disabilities in securing needed services from other agencies through agreements developed pursuant to Section 19013.
(14)The provision of other programs and services when provided for the benefit of groups of individuals, including, but not limited to, any of the following:
(A)In the case of any type of small business operated by individuals with significant disabilities, the operation of which can be improved by management services and supervision provided by the department, the provision of those services and supervision, alone or together with the acquisition by the department of vending stands and other equipment and initial stocks and supplies.
(B)The establishment, development, or improvement of community rehabilitation programs that promise to contribute substantially to the rehabilitation of a group of individuals but that are not related directly to the rehabilitation plan of any one individual with a disability, providing the program is used to provide services that promote integration and competitive employment, including supported employment.
(C)Technical assistance and support services to businesses that are not subject to Subchapter 1 (commencing with Section 12111) of Chapter 126 of Title 42 of the United States Code and that are seeking to employ individuals with disabilities.
(15)Transportation in connection with the rendering of any other vocational rehabilitation service.
(16)Any other goods and services necessary to render a person with disabilities employable.
(17)Services to the families of persons with disabilities when those services will contribute substantially to the rehabilitation of those individuals.
(18)Services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism.
(b)For the purposes of subdivision (a), full consideration of eligibility for any comparable service or benefit shall be utilized to the extent permitted by federal law.
The department shall, upon release, provide each inmate, including those incarcerated in youth facilities, a form for enrollment in vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation described in Division 10 (commencing with Section 19000) of the Welfare and Institutions Code. This enrollment form shall be provided to any inmate being released, whether or not the department believes them to be eligible for these programs and services.
SEC. 2.Section 19150 of the Welfare and Institutions Code is amended to read:19150.(a)The term vocational rehabilitation services means the following services and goods:
(1)An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including if appropriate, an assessment by personnel skilled in rehabilitation technology or an assessment for supported employment as an employment outcome.
(2)Counseling, guidance, and work-related placement services for persons with disabilities, including job search assistance, placement assistance, job retention services, personal assistance services, followup services, and specific postemployment services necessary to assist those individuals in maintaining, regaining, or advancing in their employment, both competitive and supported.
(3)Training services for persons with disabilities, which shall include personal and vocational adjustment, books, and other training materials.
(4)Auxiliary aide services, such as reader services for individuals who are blind and interpreter services for individuals who are deaf.
(5)Job coaching services that may include any of the following:
(A)On-the-job skill training.
(B)Observation or supervision at the worksite.
(C)Consultation or training, or both, of coworkers and supervisors.
(D)Assistance in integrating into the work environment.
(E)Destination training.
(F)Assistance with public support agencies.
(G)Family and residential provider consultation.
(H)Any other on- or off-the-job support services needed to reinforce and stabilize job placement.
(6)Recruitment and training services for persons with disabilities to provide them with new employment opportunities in the fields of rehabilitation, health, welfare, public safety, and law enforcement, and other appropriate service employment.
(7)Physical and mental restoration services, including, but not limited to, the following:
(A)Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes an impediment to employment, but is of such a nature that the correction or modification may reasonably be expected to eliminate or substantially reduce the impediment to employment within a reasonable length of time.
(B)Necessary hospitalization in connection with surgery or treatment.
(C)Prosthetic and orthotic devices.
(D)Eyeglasses and visual services as prescribed by a physician skilled in the diseases of the eye or by an optometrist.
(8)Maintenance, not exceeding the additional costs incurred while participating in rehabilitation.
(9)Occupational licenses, tools, equipment, and initial stocks and supplies.
(10)Rehabilitation technology services, which shall include rehabilitation engineering and assistive technology services and devices.
(11)On-the-job or other related personal assistance services provided to an individual with a disability who is receiving other vocational rehabilitation services.
(12)Transition services to students, pursuant to cooperative agreements established under Section 19013, that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives.
(13)Referral and other services designed to assist individuals with disabilities in securing needed services from other agencies through agreements developed pursuant to Section 19013.
(14)The provision of other programs and services when provided for the benefit of groups of individuals, including, but not limited to, any of the following:
(A)In the case of any type of small business operated by individuals with significant disabilities, the operation of which can be improved by management services and supervision provided by the department, the provision of those services and supervision, alone or together with the acquisition by the department of vending stands and other equipment and initial stocks and supplies.
(B)The establishment, development, or improvement of community rehabilitation programs that promise to contribute substantially to the rehabilitation of a group of individuals but that are not related directly to the rehabilitation plan of any one individual with a disability, providing the program is used to provide services that promote integration and competitive employment, including supported employment.
(C)Technical assistance and support services to businesses that are not subject to Subchapter 1 (commencing with Section 12111) of Chapter 126 of Title 42 of the United States Code and that are seeking to employ individuals with disabilities.
(15)Transportation in connection with the rendering of any other vocational rehabilitation service.
(16)Any other goods and services necessary to render a person with disabilities employable.
(17)Services to the families of persons with disabilities when those services will contribute substantially to the rehabilitation of those individuals.
(18)Services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism.
(b)For the purposes of subdivision (a), full consideration of eligibility for any comparable service or benefit shall be utilized to the extent permitted by federal law.
|
Date
|
Status
|
|---|---|
| Sep 8, 2023 | Chaptered by Secretary of State - Chapter 167, Statutes of 2023. |
| Sep 8, 2023 | Approved by the Governor. |
| Aug 30, 2023 | Enrolled and presented to the Governor at 2:15 p.m. |
| Aug 24, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2784.). |
| Aug 17, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77. |
| Aug 17, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2140.). |
| Aug 15, 2023 | Read second time. Ordered to Consent Calendar. |
| Aug 14, 2023 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jul 5, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR. |
| Jun 21, 2023 | Read second time and amended. Re-referred to Com. on HUMAN S. |
| Jun 20, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on HUMAN S. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 20). |
| Jun 7, 2023 | Referred to Coms. on PUB S. and HUMAN S. |
| May 26, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1811.) |
| May 18, 2023 | Read second time. Ordered to Consent Calendar. |
| May 17, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 17). |
| May 3, 2023 | In committee: Hearing postponed by committee. |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 4, 2023 | Re-referred to Com. on HUM. S. |
| Apr 3, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 28, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 23, 2023 | Referred to Com. on HUM. S. |
| Feb 15, 2023 | From printer. May be heard in committee March 17. |
| Feb 14, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2023 | AB 857 Ortega Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 17, 2023 | Consent Calendar 2nd AB857 Ortega | Senate Floor |
Passed |
|
| Jul 3, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
|
| Jun 20, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Human Services] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 25, 2023 | AB 857 Ortega Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 17, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Chamber Of Commerce | ** Support | |
| California Public Defenders Association | ** Support | |
| Californians for Safety and Justice | ** Support | |
| Disability Rights California | ** Support | |
| Hunger Action Los Angeles | * Support | Apr 18, 2023 |
| Initiate Justice | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 857
Author:(Ortega)
As Amended Ver:June 21, 2023
Majority vote
SUMMARY
Requires Department of Corrections and Rehabilitation (CDCR) to provide each inmate, upon release and regardless of speculative eligibility, informational written materials in a format prescribed by the Department of Rehabilitation (DOR) for vocational rehabilitation services and independent living programs, and an application for vocational rehabilitation services; Updates the definition of vocational rehabilitation services to also mean "services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism."
Senate Amendments
Senate Amendments remove the inclusion of inmates incarcerated in youth facilities from requirements in this bill.
COMMENTS
Background: Department of Rehabilitation administers the largest vocational rehabilitation and independent living programs in the country. DOR serves individuals with disabilities to help live independently and participate in their community and general society as they desire. In 2021-22, 116,584 people with disabilities received services from DOR. Currently, in order to qualify for DOR services an applicant must have a physical or mental impairment that substantially impedes their ability to secure employment; and vocational rehabilitation services are required to prepare for, secure, retain, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, interests, and informed choice; and be able to benefit from the DOR's services in terms of an employment outcome in an integrated setting. After applying for services, DOR conducts an interview to talk about goals and experience, then eligibility is determined and a plan is developed with a rehabilitation counselor to find employment. Using rehabilitation counselors, service coordinators, office technicians, work incentive planners, and business specialists, DOR offers services based on what individuals need to be successful in a desired job. Some examples of DOR services include:
- Job counseling and guidance;
- Education/Training to gain the skills needed for a job;
- Required tools/supplies to prepare for and keep a job;
- Supports, such as assistive devices, job coaching, childcare, or transportation;
- Job search and interview skills;
- Counseling about Social Security benefits and how they may change;
- Assistance to high school students to prepare for the world of work; or,
- Connecting individuals with other people or groups that may help.
Independent Living Services. There are currently 28 independent living centers (ILCs) in California and are consumer controlled, community based, cross disability (i.e., any disability or multiple disabilities), nonresidential private nonprofit organizations designed by and for the local community and operated by a majority of individuals with disabilities. ILCs are designed to help individuals living with a disability to live more independently. Independent living services are driven by the philosophy that people with disabilities have the same civil rights and control over choices in their own lives as people without disabilities. Independent Living Skills are any skills that can help an individual with a disability do what they want to do on their own. Things like budgeting, public transportation training, assistive technology training and social skills can all be part of independent living skills. This bill would require information about these services to be given to inmates when they are released.
Recidivism in California. Over the last two decades, California has begun shifting towards rehabilitation for individuals who were previously incarcerated instead of purely punishment. In 2004, CDCR shifted from strictly "corrections" to "corrections and rehabilitation" by expanding programmatic offerings in the attempt to reduce recidivism, and even changing their name. According to CDCR's website, "it is top priority is to provide rehabilitative programming and skills to incarcerated individuals in an effort to reduce their likelihood of reoffending by the time they return to their homes and communities." CDCR has three types of rehabilitative programs: in-prison, pre-release community programs, and after-prison programs. After-prison programs consist of residential or outpatient/drop off programs. Both work at treatment for employment placement, cognitive behavioral interventions, and education. Residential programs are more comprehensive and provide substance use disorder treatment and life skills.
An example of a pre-release community program is the Male Community Reentry Program (MCRP) which is a voluntary program for eligible males who have two years or less of their prison sentence left to serve. This allows eligible people committed to state prison to serve the end of their sentences in the community, in lieu of confinement in state prison. MCRP is designed to provide a range of community-based, rehabilitative services that assist with substance use disorder, mental health care, medical care, employment, education, housing, family reunification, and social support. MCRP assists participants to successfully reenter the community from prison and contributes to reduced recidivism by using community-based rehabilitative services. Rehabilitative services may include guidance and support, family reunification, community resources, education, employment, health care services, recovery groups, and housing. According to a Stanford University study conducted on the effects of the MCRP on recidivism in the State of California, "offenders who participated in the program for at least seven months, the MCRP decreased the likelihood of rearrest (one year post-release) by eight percentage points. For offenders who participated in the program for at least nine months, the program decreased the likelihood of rearrest (one year post-release) by 13 percentage points and reconviction by 11 percentage points."
Inmates and disability rates. Bureau of Justice Statistics in the Disabilities Reported by Prisoners Survey of Prison Inmates in 2016 and reported the following:
- Nearly two in five (38%) state and federal prisoners had at least one disability in 2016.
- The most commonly reported type of disability among both state and federal prisoners was a cognitive disability (23%), followed by ambulatory (12%) and vision (11%) disabilities.
- Among all prisoners, 24% reported that a doctor, psychologist, or teacher had told them at some point in their life that they had an attention deficit disorder.
- Nearly a quarter of all prisoners reported participating in special education classes (24%).
- State and federal prisoners (38%) were about two-and-a-half times more likely to report a disability than adults in the United States general population (15%).
Equity Implications: For years, living with a disability has been stigmatized. The University of Washington Health Aging and Physical Disability Rehabilitation Research and Training Center conducted a study on disability stigmatization. The study found, stigma was evident in several ways including social avoidance, stereotyping, discrimination, condescension, blaming, internalization, and hate crimes and violence. Due to the stigma associated with having a disability, it can be hard to seek out services or even diagnoses. Programs like the ones at DOR are important tools to help ensure people living with disabilities are able to live in society with dignity and independence.
According to the Author
"[This bill] would ensure vocational rehabilitation services, along with living programs already provided by the DOR, are offered to those who need them the most, the formerly incarcerated. Offering these services will support this population in integrating back into society and reduce rates of recidivism. It is time our institutions do more than incarcerate people, but instead guide the formerly incarcerated to alternative paths that will steer them away from a life of crime once released from prison. One of the most challenging parts of integrating back into society for the formerly incarcerated is not knowing where to begin once released. [This bill] provides a step towards changing the trajectory of the lives of formerly incarcerated individuals, especially those with disabilities."
Arguments in Support
According to the Chamber of Commerce, "As the largest employer-side trade group in California, the Chamber of Commerce is in favor of helping develop and grow California's workforce from all communities and populations in California. We believe AB 857 will help bolster California's workforce, while simultaneously improving the opportunities for former inmates as they attempt to re-enter the workforce. In short – we see it as a win-win, both for California's economy, and for formerly incarcerated individuals"
According to Disability Rights California (DRC), "The formerly incarcerated have been historically underserved, are often not aware of DOR services or their status as persons with disabilities and the right to DOR services and that providing them with applications on release helps with the following issues: They know they are entitled to DOR services regardless of having a criminal record; They know how to access DOR services and have the forms needed to apply right away; Employment reduces recidivism. In fact, employment is often given as a condition of parole for that very reason. Those with that parole condition especially need assistance with vocational rehabilitation services in order to be successful and not another recidivism statistic; helping connect the formerly incarcerated with the already funded services DOR provides avoids the costs to society when the formerly incarcerated are not able to take advantage of these services. Increasing their knowledge that the services are available and making it easier for them to access the services saves money as well as improving lives; and people coming out of incarceration are often behind in their skills. DRC has seen DOR clients who need technology training but also who need different tools and trainings because their trades have changed since they were last practicing them. Just going to workforce to get a job is often not enough for this population because they need trainings or tools to succeed in the workforce. They have to overcome those gaps as well as the criminal record stigma and the employment gap."
According to Californians for Safety and Justice and Initiate Justice, "By providing formerly incarcerated individuals with access to the services and resources provided by the DOR, AB 857 would ensure that these individuals have support and guidance in their transition back into society. This bill is an important step in creating an equitable and inclusive California."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee on August 14, 2023, pursuant to Senate Rule 28.8, the June 21, 2023, version of this bill would result in negligible state costs.
VOTES:
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Robert Rivas, Sanchez, Ortega
ABS, ABST OR NV: Weber
ASSEMBLY FLOOR: 76-0-4
YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, 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: Aguiar-Curry, Kalra, Mathis, Papan
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Glazer, Gonzalez, Grove, Hurtado, Jones, 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: Eggman, Laird
UPDATED
VERSION: June 21, 2023
CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0001269
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 857 |
CONSENT
Bill No: AB 857
Author: Ortega (D)
Amended: 6/21/23 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/20/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23
AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/25/23 (Consent) - See last page for vote
SUBJECT: Vocational services: formerly incarcerated persons
SOURCE: Author
DIGEST:
This bill requires the Department of Corrections and Rehabilitation (CDCR) to provide each incarcerated individual, upon release and regardless of speculative eligibility, with informational written materials for vocational rehabilitation services and independent living programs, and an application for vocational rehabilitation services.
ANALYSIS:
Existing law:
- Establishes the Department of Rehabilitation (DOR) within the California Health and Human Services Agency. (Welf. & Inst. Code, § 19001.)
- Provides that DOR is responsible for operating comprehensive, coordinated, effective, efficient, and accountable programs of vocational rehabilitation and independent living that are designed to assess, plan, develop, and provide services for individuals with disabilities, particularly individuals with the most significant disabilities, consistent with their strengths, resources, priorities, concerns, abilities, and capabilities, so that these individuals may prepare for and engage in gainful employment and live more independently. (Welf. & Inst. Code, § 19000, subd. (b).)
- Requires DOR to provide specified services to eligible individuals with physical or mental disabilities. (Welf. & Inst. Code, § 19100, subd. (a).)
- Defines “vocational rehabilitation services” to include an assessment for determining eligibility and vocational rehabilitation; counseling, guidance, and work-related placement services for persons with disabilities; training services for persons with disabilities; auxiliary aide services; job coaching services; recruitment and training services; and physical and mental restoration services, among others. (Welf. & Inst. Code, § 19150, subd. (a).)
- Defines “individual with a disability” to any individual who has a physical or mental impairment which constitutes or results in a substantial impediment to employment and can benefit in terms of an employment outcome from vocational rehabilitation services. (Welf. & Inst. Code, § 19151, subd. (a).)
- Defines “individual with a significant disability” as having the same meaning as specified in the federal Rehabilitation Act of 1973. (Welf. & Inst. Code, § 19151, subd. (b).)
- Establishes a presumption that an individual can benefit in terms of an employment outcome from vocational rehabilitation services unless it can be demonstrated by clear and convincing evidence that the individual is incapable of doing so. (Welf. & Inst. Code, § 19103, subd. (b).)
- Authorizes DOR to cooperate with public and private entities to maximize resources to best serve individuals with disabilities through enhanced services. (Welf. & Inst. Code, § 19013.)
- Requires DOR to administer the Independent Living Services Program which provides services to individuals with significant disabilities. (Welf. & Inst. Code, § 19751.)
- Establishes CDCR to administer the state prison system under the direction of the Secretary. (Pen. Code, § 5000 et seq.)
- Vests the Secretary of the CDCR with the supervision, management and control of state prisons. Provides that the Secretary is also responsible for the care, custody, treatment, training, discipline and employment of a person confined in those prisons. (Pen. Code, § 5054.)
This bill:
- Requires CDCR to, upon release, provide each incarcerated person with informational written materials, in a format prescribed by the department, regarding vocational rehabilitation services and independent living programs offered by DOR, and an enrollment form for these vocational rehabilitation services.
- Includes youth facilities in the above mandate.
- Requires CDCR to provide the above described documents to any incarcerated person being released, whether or not the department believes the person to be eligible for these programs and services.
- Adds “services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism” to the list of services and goods included in the definition of “vocational rehabilitation services.”
Background
Department of Rehabilitation
DOR administers the largest vocational rehabilitation and independent living programs in the country. The vocational rehabilitation services program delivers vocational rehabilitation services to individuals with disabilities through vocational rehabilitation professionals in district and branch offices located throughout the state so that individuals with disabilities may prepare for and engage in competitive integrated employment and achieve economic self-sufficiency. Vocational rehabilitation services include vocational assessment, assistive technology, vocational and educational training, job placement, supported employment, and independent living skills training, among others. DOR has cooperative agreements with state and local agencies to provide services to consumers, and priority is given to individuals with the most significant disabilities.
DOR also funds, administers, and supports 28 independent living centers in communities located throughout the state. Each independent living center is a consumer-controlled, community-based, cross-disability (i.e., any disability or multiple disabilities), nonresidential private nonprofit organization designed by and for the local community and operated by a majority of individuals with disabilities. Each center provides services necessary to assist consumers to live independently with full inclusion in their communities. Core services consist of information and referral, peer counseling, individual and systems change advocacy, independent living skills, housing assistance, personal assistance referral services, transition and diversion services to community-based living, and transition services to postsecondary life for youth.
In order to qualify for DOR services, an applicant must have a physical or mental impairment that substantially impedes their ability to secure employment; and vocational rehabilitation services are required to prepare for, secure, retain, or regain employment consistent with the applicant’s unique strengths, resources, priorities, concerns, abilities, interests, and informed choice; and be able to benefit from the DOR’s services in terms of an employment outcome in an integrated setting. After applying for services, DOR conducts an interview to discuss the individual’s goals and experience, and then an eligibility determination is made and a plan to find employment is developed.
Disabilities Within the Incarcerated Population
Data on the prevalence of disabilities within the incarcerated population indicate that individuals with disabilities are overrepresented in the jail and prison population. A 2016 Bureau of Justice Statistics survey on self-reported disabilities within state and federal inmate populations found the following:
Nearly two in five (38%) state and federal inmates had at least one disability.
- The most commonly reported type of disability among both state and federal inmates was a cognitive disability (23%), followed by ambulatory (12%) and vision (11%) disabilities.
- Among all incarcerated individuals, 24% reported that a doctor, psychologist, or teacher had told them at some point in their life that they had an attention deficit disorder.
- Nearly a quarter of all incarcerated individuals reported participating in special education classes (24%).
- Incarcerated individuals in state and federal custody (38%) were about two-and-a-half times more likely to report a disability than adults in the U.S. general population (15%).
This bill requires CDCR to provide each incarcerated person with informational materials regarding vocational rehabilitation services and independent living programs offered by DOR. This bill also requires CDCR to provide an enrollment form for these vocational rehabilitation services. These documents would have to be provided to any incarcerated person being released regardless of whether CDCR believes the person is eligible for those programs and services.
Notably, this bill requires CDCR to provide the above documents to each incarcerated individual, including those incarcerated in youth facilities. As a result of SB 823 (Committee on Budget and Fiscal Review, Chapter 337, Statutes of 2020), the Division of Juvenile Justice (DJJ) is closing. With limited exceptions, DJJ stopped accepting new commitments after June 30, 2021. DJJ has a defined closure date of June 30, 2023. Under this realignment, the responsibility for managing all committed youth who would have been housed at DJJ has shifted from the state to local county jurisdictions. Given that CDCR will no longer be operating youth facilities, the author may wish to consider amending this bill to remove the reference to youth facilities. Alternatively, the author could amend the bill to create a mandate on the counties if the intent is to provide youth who would have been housed at DJJ with these documents.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/14/23)
California Chamber of Commerce
California Public Defenders Association
Californians for Safety and Justice
Disability Rights California
Initiate Justice
OPPOSITION: (Verified 8/14/23)
None received
ASSEMBLY FLOOR: 76-0, 5/25/23
AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, 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: Aguiar-Curry, Kalra, Mathis, Papan
Prepared by: Stephanie Jordan / PUB. S. /
8/16/23 10:25:05
**** END ****
SENATE COMMITTEE ON HUMAN SERVICES
Senator Alvarado-Gil, Chair
2023 - 2024 Regular
Bill No: | AB 857 | ||
Author: | Ortega | ||
Version: | June 21, 2023 | Hearing Date: | July 3, 2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Heather Hopkins | ||
Subject: Vocational services: formerly incarcerated persons
SUMMARY
This bill requires California Department of Corrections and Rehabilitation (CDCR) to provide each inmate, upon release, information about programs and services offered by the Department of Rehabilitation (DOR), as well as an enrollment form.
ABSTRACT
Existing Law:
- Requires DOR to provide services to eligible individuals with physical or mental disabilities and defines the services and goods to be provided. (WIC 19150)
- Establishes the CDCR to operate the state prison and maintain custody and care of persons incarcerated in the state prison as punishment for a crime. (PC 5054)
- Requires CDCR and the Department of Motor Vehicles to ensure that an eligible juvenile offender and adult inmate released from a state juvenile facility has a valid identification card. (PC 3000.05, 3000.08)
- Declares legislative intent that DOR’s vocational rehabilitation and independent living programs, projects, and activities should be carried out in a manner consistent with the following principles: respect for individual dignity, personal responsibility, self-determination, and pursuit of independent living and meaningful careers, based on informed choice of individuals with disabilities. (WIC 19000(e)(1))
- Authorizes DOR to work with public and private agencies to maximize resources to best serve individuals with disabilities through enhanced services. (WIC 19013)
- Defines “vocational rehabilitation services” to mean the following services:
- An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including if appropriate, an assessment by personnel skilled in rehabilitation technology or an assessment for supported employment as an employment outcome.
- Counseling, guidance, and work-related placement services for persons with disabilities, including job search assistance, placement assistance, job retention services, personal assistance services, follow-up services, and specific postemployment services necessary to assist those individuals in maintaining, regaining, or advancing in their employment, both competitive and supported.
- Training services for persons with disabilities, which shall include personal and vocational adjustment, books, and other training materials.
- Auxiliary aide services, such as reader services for individuals who are blind and interpreter services for individuals who are deaf.
- Job coaching services that may include any of the following:
- On-the-job skill training.
- Observation or supervision at the worksite.
- Consultation or training, or both, of coworkers and supervisors.
- Assistance in integrating into the work environment.
- Destination training.
- Assistance with public support agencies.
- Family and residential provider consultation.
- Any other on- or off-the-job support services needed to reinforce and stabilize job placement.
- On-the-job skill training.
- Recruitment and training services for persons with disabilities to provide them with new employment opportunities in the fields of rehabilitation, health, welfare, public safety, and law enforcement, and other appropriate service employment.
- Physical and mental restoration services, including, but not limited to, the following:
- Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes an impediment to employment, but is of such a nature that the correction or modification may reasonably be expected to eliminate or substantially reduce the impediment to employment within a reasonable length of time.
- Necessary hospitalization in connection with surgery or treatment.
- Prosthetic and orthotic devices.
- Eyeglasses and visual services as prescribed by a physician skilled in the diseases of the eye or by an optometrist.
- Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes an impediment to employment, but is of such a nature that the correction or modification may reasonably be expected to eliminate or substantially reduce the impediment to employment within a reasonable length of time.
- Maintenance, not exceeding the additional costs incurred while participating in rehabilitation.
- Occupational licenses, tools, equipment, and initial stocks and supplies.
- Rehabilitation technology services, which shall include rehabilitation engineering and assistive technology services and devices.
- On-the-job or other related personal assistance services provided to an individual with a disability who is receiving other vocational rehabilitation services.
- Transition services to students, pursuant to cooperative agreements, that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives.
- Referral and other services designed to assist individuals with disabilities in securing needed services from other agencies through agreements.
- The provision of other programs and services when provided for the benefit of groups of individuals, including, but not limited to, any of the following:
- In the case of any type of small business operated by individuals with significant disabilities, the operation of which can be improved by management services and supervision provided by the department, the provision of those services and supervision, alone or together with the acquisition by the department of vending stands and other equipment and initial stocks and supplies.
- The establishment, development, or improvement of community rehabilitation programs that promise to contribute substantially to the rehabilitation of a group of individuals but that are not related directly to the rehabilitation plan of any one individual with a disability, providing the program is used to provide services that promote integration and competitive employment, including supported employment.
- Technical assistance and support services to businesses, as specified, that are seeking to employ individuals with disabilities.
- In the case of any type of small business operated by individuals with significant disabilities, the operation of which can be improved by management services and supervision provided by the department, the provision of those services and supervision, alone or together with the acquisition by the department of vending stands and other equipment and initial stocks and supplies.
- Transportation in connection with the rendering of any other vocational rehabilitation service.
- Any other goods and services necessary to render a person with disabilities employable.
- Services to the families of persons with disabilities when those services will contribute substantially to the rehabilitation of those individuals. (WIC 19150)
This Bill:
- Requires CDCR to provide each inmate, upon release, informational written materials regarding vocational rehabilitation services and independent living programs offered by the DOR and an enrollment form for these vocational rehabilitation services.
- Requires these documents be provided to all inmates being released whether or not CDCR believes they are eligible for these programs and services.
- Expands the definition of “vocational rehabilitation services” to include “services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism.”
FISCAL IMPACT
According to the Assembly Appropriations Committee:
- DOR anticipates minimal state costs because services to potential new DOR consumers will be charged to the federal vocational rehabilitation (VR) grant and existing state matching funds. If DOR were to see an increase in consumers above and beyond current resources (VR grant and state match funds), the federal cost containment measure would be triggered and DOR would operate under an Order of Selection, with services provided to those in prioritized categories pursuant to existing federal requirements.
Based upon current DOR average expenditures for the incarcerated population, if 15 eligible new consumers who are formerly incarcerated individuals with disabilities become aware of and apply for services, DOR estimates spending $43,502 ($34,236 VR Grant; $9,266 General Fund) over the lifespan of their services. This estimate is based on an average case cost of $2,900 with an average case being open for 1.4 years.
- CDCR estimates minor and absorbable costs.
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “AB 857 would ensure vocational rehabilitation services, along with living programs already provided by the DOR, are offered to those who need them the most, the formerly incarcerated. Offering these services will support this population in integrating back into society and reduce rates of recidivism. It is time our institutions do more than incarcerate people, but instead guide the formerly incarcerated to alternative paths that will steer them away from a life of crime once released from prison. One of the most challenging parts of integrating back into society for the formerly incarcerated is not knowing where to begin once released. AB 857 provides a step towards changing the trajectory of the lives of formerly incarcerated individuals, especially those with disabilities.”
Department of Rehabilitation (DOR)
DOR provides services centered on employment, independent living, and achieving equality and inclusion for individuals with disabilities in California. DOR administers the largest vocational rehabilitation and independent living programs in the country. Vocational rehabilitation services are designed to help job seekers with disabilities obtain competitive employment in integrated work settings. Independent living services may include peer support, skill development, systems advocacy, referrals, assistive technology services, transition services, housing assistance, and personal assistance services.
Physical and Mental Disabilities in the Inmate Population
Disabled people are overrepresented in prisons.[1] A 2016 study[2] based on face-to-face interviews with inmates in state and federal prisons found:
- Nearly 2 in 5 (38%) state and federal prisoners had at least one disability in 2016.
- The most commonly reported type of disability among both state and federal prisoners was a cognitive disability (23%), followed by ambulatory (12%) and vision (11%) disabilities.
- Among all prisoners, 24% reported that a doctor, psychologist, or teacher had told them at some point in their life that they had an attention deficit disorder.
- Nearly a quarter of all prisoners reported participating in special education classes (24%).
- State and federal prisoners (38%) were about two and a half times more likely to report a disability than adults in the U.S. general population (15%).
This bill attempts to address this overrepresentation by ensuring all inmates receive information about DOR programs upon release.
Reentry Programs to Reduce Recidivism
California’s current incarcerated population, including state prisons and local jails, numbers almost 200,000. Each year, according to the 2021 Commission on the Revision of the Penal Code report, more than 30,000 people are released from California’s prisons. Recidivism is the rate at which convicted persons reoffend. According to CDCR data, over 60% of persons released from prison will re-offend within three years. This makes California’s recidivism rate among the highest in the country. When released from custody, an individual is either placed on parole (state supervised) or post-release community supervision (county-level). For those placed on parole, CDCR reentry services include pre-release community programs, residential programs, and outpatient and drop-in programs. Outpatient and drop-in programs include day reporting centers (DRC) and community-based coalitions (CBC). These programs offer various services such as counseling, anger management, parenting and family reintegration, GED preparation, money management and employment services. DRCs and CBSs are offered by CDCR in 23 of the 58 counties: Alameda, Butte, Contra Costa, El Dorado, Fresno, Imperial, Kern, Los Angeles, Monterey, Orange, Placer, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, Santa Barbara, Santa Clara, San Francisco, Shasta, Solano, Tehama, and Yolo.
Reentry programs are designed to help people reenter society successfully after being released from custody. Reentry programs have proven successful in California in dramatically reducing the recidivism rate. A 2021 study by Stanford University’s Public Policy Program found that people who participated in community reentry programs for nine months or longer were 92% less likely to be reconvicted than a control group that completed their full sentences within California prisons.
Given the high number of persons released from custody each year, having additional avenues of reentry services may help to fill any gaps, ensuring more persons can avail themselves of such services.
COMMENTS
This bill would require CDCR to provide all released inmates with information about DOR programs. Given the overrepresentation of disabilities in the prison population, potential unwillingness to self-identify as disabled while in custody, and lack of ability of the prisons to identify disabilities, providing information to all inmates would ensure all who qualify are notified of DOR programs.
PRIOR VOTES
Senate Public Safety Committee: | 5 - 0 |
Assembly Floor: | 76 - 0 |
Assembly Appropriations Committee: | 15 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
California Chamber of Commerce
Initiate Justice
Oppose:
None received
-- END --
https://www.healthaffairs.org/doi/10.1377/hlthaff.2022.00495 ↑
https://bjs.ojp.gov/library/publications/disabilities-reported-prisoners-survey-prison-inmates-2016 ↑
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 857 Hearing Date: June 20, 2023
Author: | Ortega | ||
Version: | April 3, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Vocational services: formerly incarcerated persons
HISTORY
Source: Author
Prior Legislation: None known
Support: California Chamber of Commerce; California Public Defenders Association; Californians for Safety and Justice; Disability Rights California; Initiate Justice
Opposition: None known
Assembly Floor Vote: 76 - 0
PURPOSE
The purpose of this bill to require the Department of Corrections and Rehabilitation (CDCR) to provide each incarcerated individual, upon release and regardless of speculative eligibility, with informational written materials for vocational rehabilitation services and independent living programs, and an application for vocational rehabilitation services.
Existing law establishes the Department of Rehabilitation (DOR) within the California Health and Human Services Agency. (Welf. & Inst. Code, § 19001.)
Existing law provides that DOR is responsible for operating comprehensive, coordinated, effective, efficient, and accountable programs of vocational rehabilitation and independent living that are designed to assess, plan, develop, and provide services for individuals with disabilities, particularly individuals with the most significant disabilities, consistent with their strengths, resources, priorities, concerns, abilities, and capabilities, so that these individuals may prepare for and engage in gainful employment and live more independently. (Welf. & Inst. Code, § 19000, subd. (b).)
Existing law requires DOR to provide specified services to eligible individuals with physical or mental disabilities. (Welf. & Inst. Code, § 19100, subd. (a).)
Existing law defines “vocational rehabilitation services” to include an assessment for determining eligibility and vocational rehabilitation; counseling, guidance, and work-related placement services for persons with disabilities; training services for persons with disabilities; auxiliary aide services; job coaching services; recruitment and training services; and physical and mental restoration services, among others. (Welf. & Inst. Code, § 19150, subd. (a).)
Existing law defines “individual with a disability” to any individual who has a physical or mental impairment which constitutes or results in a substantial impediment to employment and can benefit in terms of an employment outcome from vocational rehabilitation services. (Welf. & Inst. Code, § 19151, subd. (a).)
Existing law defines “individual with a significant disability” as having the same meaning as specified in the federal Rehabilitation Act of 1973. (Welf. & Inst. Code, § 19151, subd. (b).)
Existing law establishes a presumption that an individual can benefit in terms of an employment outcome from vocational rehabilitation services unless it can be demonstrated by clear and convincing evidence that the individual is incapable of doing so. (Welf. & Inst. Code, § 19103, subd. (b).)
Existing law authorizes DOR to cooperate with public and private entities to maximize resources to best serve individuals with disabilities through enhanced services. (Welf. & Inst. Code, § 19013.)
Existing law requires DOR to administer the Independent Living Services Program which provides services to individuals with significant disabilities. (Welf. & Inst. Code, § 19751.)
Existing law establishes CDCR to administer the state prison system under the direction of the Secretary. (Pen. Code, § 5000 et seq.)
Existing law vests the Secretary of the CDCR with the supervision, management and control of state prisons. Provides that the Secretary is also responsible for the care, custody, treatment, training, discipline and employment of a person confined in those prisons. (Pen. Code, § 5054.)
This bill requires CDCR to, upon release, provide each incarcerated person with informational written materials, in a format prescribed by the department, regarding vocational rehabilitation services and independent living programs offered by DOR, and an enrollment form for these vocational rehabilitation services.
This bill includes youth facilities in the above mandate.
This bill requires CDCR to provide the above described documents to any incarcerated person being released, whether or not the department believes the person to be eligible for these programs and services.
This bill adds “services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism” to the list of services and goods included in the definition of “vocational rehabilitation services.”
COMMENTS
- Need For This Bill
According to the author:
AB 857 would ensure vocational rehabilitation services, along with living programs already provided by the DOR, are offered to those who need them the most, the formerly incarcerated. Offering these services will support this population in integrating back into society and reduce rates of recidivism. It is time our institutions do more than incarcerate people, but instead guide the formerly incarcerated to alternative paths that will steer them away from a life of crime once released from prison. One of the most challenging parts of integrating back into society for the formerly incarcerated is not knowing where to begin once released. AB 857 provides a step towards changing the trajectory of the lives of formerly incarcerated individuals, especially those with disabilities.
- Department of Rehabilitation
DOR administers the largest vocational rehabilitation and independent living programs in the country. The vocational rehabilitation services program delivers vocational rehabilitation services to individuals with disabilities through vocational rehabilitation professionals in district and branch offices located throughout the state so that individuals with disabilities may prepare for and engage in competitive integrated employment and achieve economic self-sufficiency. Vocational rehabilitation services include vocational assessment, assistive technology, vocational and educational training, job placement, supported employment, and independent living skills training, among others. DOR has cooperative agreements with state and local agencies to provide services to consumers, and priority is given to individuals with the most significant disabilities.
DOR also funds, administers, and supports 28 independent living centers in communities located throughout the state. Each independent living center is a consumer-controlled, community-based, cross-disability (i.e., any disability or multiple disabilities), nonresidential private nonprofit organization designed by and for the local community and operated by a majority of individuals with disabilities. Each center provides services necessary to assist consumers to live independently with full inclusion in their communities. Core services consist of information and referral, peer counseling, individual and systems change advocacy, independent living skills, housing assistance, personal assistance referral services, transition and diversion services to community-based living, and transition services to postsecondary life for youth.
In order to qualify for DOR services, an applicant must have a physical or mental impairment that substantially impedes their ability to secure employment; and vocational rehabilitation services are required to prepare for, secure, retain, or regain employment consistent with the applicant’s unique strengths, resources, priorities, concerns, abilities, interests, and informed choice; and be able to benefit from the DOR’s services in terms of an employment outcome in an integrated setting. After applying for services, DOR conducts an interview to discuss the individual’s goals and experience, and then an eligibility determination is made and a plan to find employment is developed.
- Disabilities Within the Incarcerated Population
Data on the prevalence of disabilities within the incarcerated population indicate that individuals with disabilities are overrepresented in the jail and prison population. A 2016 Bureau of Justice Statistics survey on self-reported disabilities within state and federal inmate populations found the following:
- Nearly 2 in 5 (38%) state and federal inmates had at least one disability.
- The most commonly reported type of disability among both state and federal inmates was a cognitive disability (23%), followed by ambulatory (12%) and vision (11%) disabilities.
- Among all incarcerated individuals, 24% reported that a doctor, psychologist, or teacher had told them at some point in their life that they had an attention deficit disorder.
- Nearly a quarter of all incarcerated individuals reported participating in special education classes (24%).
- Incarcerated individuals in state and federal custody (38%) were about two-and-a-half times more likely to report a disability than adults in the U.S. general population (15%).
This bill requires CDCR to provide each incarcerated person with informational materials regarding vocational rehabilitation services and independent living programs offered by DOR. This bill also requires CDCR to provide an enrollment form for these vocational rehabilitation services. These documents would have to be provided to any incarcerated person being released regardless of whether CDCR believes the person is eligible for those programs and services.
Notably, this bill requires CDCR to provide the above documents to each incarcerated individual, including those incarcerated in youth facilities. As a result of SB 823 (Committee on Budget & Fiscal Review, Chapter 337, Statues of 2020), the Division of Juvenile Justice (DJJ) is closing. With limited exceptions, DJJ stopped accepting new commitments after June 30, 2021. DJJ has a defined closure date of June 30, 2023. Under this realignment, the responsibility for managing all committed youth who would have been housed at DJJ has shifted from the state to local county jurisdictions. Given that CDCR will no longer be operating youth facilities, the author may wish to consider amending the bill to remove the reference to youth facilities. Alternatively, the author could amend the bill to create a mandate on the counties if the intent is to provide youth who would have been housed at DJJ with these documents.
- Argument in Support
Disability Rights California writes:
The formerly incarcerated have been historically underserved, are often not aware of DOR services or their status as persons with disabilities and the right to DOR services, and providing them with applications on release helps with the following issues:
- They know they are entitled to DOR services regardless of having a criminal record.
- They know how to access DOR services and have the forms needed to apply right away.
- Employment reduces recidivism. …
- Helping connect the formerly incarcerated with the already funded services DOR provides avoids the costs to society when the formerly incarcerated are not able to take advantage of these services. …
- People coming out of incarceration are often behind in their skills. DRC has seen DOR clients who need technology training but also need different tools and trainings because their trades have changed since they last practiced them. … They have to overcome those gaps as well as the criminal record stigma and the employment gap.
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Date of Hearing: May 17, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 857
Author:(Ortega) – As Amended Ver:April 3, 2023
Policy Committee: | Human Services | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Corrections and Rehabilitation (CDCR) to provide each inmate, upon release, informational written materials in a format prescribed by the Department of Rehabilitation (DOR) for vocational rehabilitation services and independent living programs, and an enrollment form for vocational rehabilitation services. This bill also expands the scope of vocational rehabilitation services offered by DOR to include services to formerly incarcerated persons with disabilities.
FISCAL EFFECT:
- DOR anticipates minimal state costs because services to potential new DOR consumers will be charged to the federal vocational rehabilitation (VR) grant and existing state matching funds. If DOR were to see an increase in consumers above and beyond current resources (VR grant and state match funds), the federal cost containment measure would be triggered and DOR would operate under an Order of Selection, with services provided to those in prioritized categories pursuant to existing federal requirements.
Based upon current DOR average expenditures for the incarcerated population, if 15 eligible new consumers who are formerly incarcerated individuals with disabilities become aware of and apply for services, DOR estimates spending $43,502 ($34,236 VR Grant; $9,266 General Fund) over the lifespan of their services. This estimate is based on an average case cost of $2,900 with an average case being open for 1.4 years.
- CDCR estimates minor and absorbable costs.
COMMENTS:
- Purpose. According to the author:
[This bill] would ensure vocational rehabilitation services, along with living programs already provided by the DOR, are offered to those who need them the most, the formerly incarcerated. Offering these services will support this population in integrating back into society and reduce rates of recidivism. It is time our institutions do more than incarcerate people, but instead guide the formerly incarcerated to alternative paths that will steer them away from a life of crime once released from prison.
- Background. DOR administers the largest vocational rehabilitation and independent living programs in the country. DOR serves individuals with disabilities to help them live independently and participate in their community and general society as they desire. In 2021-22, 116,584 people with disabilities received services from DOR. To qualify for DOR services an applicant must have a physical or mental impairment that substantially impedes their ability to secure employment. Using rehabilitation counselors, service coordinators, office technicians, work incentive planners, and business specialists, DOR offers services based on what an individual needs to be successful in a desired job.
Independent living centers (ILCs) are consumer controlled, community based, cross disability (i.e., any disability or multiple disabilities), nonresidential private nonprofit organizations designed by and for the local community and operated by a majority of individuals with disabilities. ILCs are designed to help individuals living with a disability to live more independently by acquiring independent living skills, such as budgeting, public transportation training, assistive technology training and social skills. There are currently 28 ILCs in California
This bill requires CDCR to provide each inmate, upon release and regardless of whether CDCR believes the inmate to be eligible, informational written materials regarding vocational rehabilitation services and independent living programs offered by DOR.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 18, 2023
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Corey A. Jackson, Chair
ABPCA Bill Id:AB 857 (
Author:Ortega) – As Amended Ver:April 3, 2023
SUBJECT: Vocational services: formerly incarcerated persons
SUMMARY: Requires Department of Corrections and Rehabilitation (CDCR) to provide each inmate, upon release and regardless of speculative eligibility, informational written materials in a format prescribed by the Department of Rehabilitation (DOR) for vocational rehabilitation services and independent living programs, and an application for vocational rehabilitation services; Updates the definition of vocational rehabilitation services to also mean “services to formerly incarcerated persons with disabilities, designed to promote rehabilitation and reduce the likelihood of recidivism.”
EXISTING LAW:
- Requires DOR to provide services to eligible individuals with physical or mental disabilities and defines the services and goods to be provided. (Welfare and Institutions Code Section [WIC] 19150)
- Establishes the Department of Corrections and Rehabilitation (CDCR) to operate the state prison and maintain custody and care of persons incarcerated in the state prison as punishment for a crime. (Penal Code Section [PEN] 5054)
- Requires CDCR and the Department of Motor Vehicles to ensure that an eligible juvenile offender and adult inmate released from a state juvenile facility has a valid identification card. (PEN 3000.05 & 3000.08)
- Declares legislative intent that DOR’s vocational rehabilitation and independent living programs, projects, and activities should be carried out in a manner consistent with the following principles: respect for individual dignity, personal responsibility, self-determination, and pursuit of independent living and meaningful careers, based on informed choice of individuals with disabilities. (WIC 19000(e)(1))
- Authorizes DOR to work with public and private agencies to maximize resources to best serve individuals with disabilities through enhanced services (WIC 19013)
- Establishes the “Rehabilitation Act of 1973” which prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors. (Public Law 93-112)
- Requires DOR to administer the Independent Living Services Program. (WIC 19751)
FISCAL EFFECT: This bill has been keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Background: Department of Rehabilitation administers the largest vocational rehabilitation and independent living programs in the country. DOR serves individuals with disabilities to help live independently and participate in their community and general society as they desire. In 2021-22, 116,584 people with disabilities received services from DOR. Currently, in order to qualify for DOR services an applicant must have a physical or mental impairment that substantially impedes their ability to secure employment; and vocational rehabilitation services are required to prepare for, secure, retain, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, interests, and informed choice; and be able to benefit from the DOR's services in terms of an employment outcome in an integrated setting. After applying for services, DOR conducts an interview to talk about goals and experience, then eligibility is determined and a plan is developed with a rehabilitation counselor to find employment. Using rehabilitation counselors, service coordinators, office technicians, work incentive planners, and business specialists, DOR offers services based on what individuals need to be successful in a desired job. Some examples of DOR services include:
- Job counseling and guidance;
- Education/Training to gain the skills needed for a job;
- Required tools/supplies to prepare for and keep a job;
- Supports, such as assistive devices, job coaching, childcare, or transportation;
- Job search and interview skills;
- Counseling about Social Security benefits and how they may change;
- Assistance to high school students to prepare for the world of work; or,
- Connecting individuals with other people or groups that may help.
Independent Living Services. There are currently 28 independent living centers (ILCs) in California and are consumer controlled, community based, cross disability (i.e., any disability or multiple disabilities), nonresidential private nonprofit organizations designed by and for the local community and operated by a majority of individuals with disabilities. ILCs are designed to help individuals living with a disability to live more independently. Independent living services are driven by the philosophy that people with disabilities have the same civil rights and control over choices in their own lives as people without disabilities. Independent Living Skills are any skills that can help an individual with a disability do what they want to do on their own. Things like budgeting, public transportation training, assistive technology training and social skills can all be part of independent living skills. This bill would require information about these services to be given to inmates when they are released.
Recidivism in California. Over the last two decades, California has begun shifting towards rehabilitation for individuals who were previously incarcerated instead of purely punishment. In 2004, CDCR shifted from strictly “corrections” to “corrections and rehabilitation” by expanding programmatic offerings in the attempt to reduce recidivism, and even changing their name. According to CDCR’s website, “it is top priority is to provide rehabilitative programming and skills to incarcerated individuals in an effort to reduce their likelihood of reoffending by the time they return to their homes and communities.” CDCR has three types of rehabilitative programs: in-prison, pre-release community programs, and after-prison programs. After-prison programs consist of residential or outpatient/drop off programs. Both work at treatment for employment placement, cognitive behavioral interventions, and education. Residential programs are more comprehensive and provide substance use disorder treatment and life skills.
An example of a pre-release community program is the Male Community Reentry Program (MCRP) which is a voluntary program for eligible males who have two years or less of their prison sentence left to serve. This allows eligible people committed to state prison to serve the end of their sentences in the community, in lieu of confinement in state prison. MCRP is designed to provide a range of community-based, rehabilitative services that assist with substance use disorder, mental health care, medical care, employment, education, housing, family reunification, and social support. MCRP assists participants to successfully reenter the community from prison and contributes to reduced recidivism by using community-based rehabilitative services. Rehabilitative services may include guidance and support, family reunification, community resources, education, employment, health care services, recovery groups, and housing. According to a Stanford University study conducted on the effects of the MCRP on recidivism in the State of California, “offenders who participated in the program for at least seven months, the MCRP decreased the likelihood of rearrest (1 year post-release) by eight percentage points. For offenders who participated in the program for at least nine months, the program decreased the likelihood of rearrest (1 year post-release) by 13 percentage points and reconviction by 11 percentage points.”
Inmates and disability rates. Bureau of Justice Statistics in the Disabilities Reported by Prisoners Survey of Prison Inmates in 2016 and reported the following:
- Nearly 2 in 5 (38%) state and federal prisoners had at least one disability in 2016.
- The most commonly reported type of disability among both state and federal prisoners was a cognitive disability (23%), followed by ambulatory (12%) and vision (11%) disabilities.
- Among all prisoners, 24% reported that a doctor, psychologist, or teacher had told them at some point in their life that they had an attention deficit disorder.
- Nearly a quarter of all prisoners reported participating in special education classes (24%).
- State and federal prisoners (38%) were about two-and-a-half times more likely to report a disability than adults in the U.S. general population (15%).
Author’s Statement: According to the author, “[This bill] would ensure vocational rehabilitation services, along with living programs already provided by the DOR, are offered to those who need them the most, the formerly incarcerated. Offering these services will support this population in integrating back into society and reduce rates of recidivism. It is time our institutions do more than incarcerate people, but instead guide the formerly incarcerated to alternative paths that will steer them away from a life of crime once released from prison. One of the most challenging parts of integrating back into society for the formerly incarcerated is not knowing where to begin once released. [This bill] provides a step towards changing the trajectory of the lives of formerly incarcerated individuals, especially those with disabilities.”
Need for this bill: This bill requires CDCR to ensure inmates, when released, to be given information on DOR’s vocational rehabilitation services and independent living services. This bill also requires all inmates released receives the information regardless of diagnoses or assumptions. As outlined above, DOR administers rehabilitative services for people living with disabilities only. It is unclear how this bill will impact recidivism and how many formerly incarcerated inmates will benefit or even qualify for services at DOR.
Equity Implications: For years, living with a disability has been stigmatized. The University of Washington Health Aging and Physical Disability Rehabilitation Research and Training Center conducted a study on disability stigmatization. The study found, stigma was evident in several ways including social avoidance, stereotyping, discrimination, condescension, blaming, internalization, and hate crimes and violence. Due to the stigma associated with having a disability, it can be hard to seek out services or even diagnoses. Programs like the ones at DOR are important tools to help ensure people living with disabilities are able to live in society with dignity and independence.
Policy Considerations: While the goals to reduce recidivism is important, this bill may not have much impact given the narrow eligibility for DOR services. This bill gives information for programs serving individuals with disabilities to all inmates released. Expanding existing CDCR programs that can encapsulate more inmates and have a wider impact might have a greater impact. The author should continue working with CDCR and DOR to determine the best way to help former inmates have access to disability services and also reduce recidivism.
REGISTERED SUPPORT / OPPOSITION:
Support
California Chamber of Commerce
California for Safety and Justice
Disability Rights California
Initiate Justice
Opposition
None on file
Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089
Discussed in Hearing
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Bill Author
Bill Co-Author(s):