Section § 30035

Explanation

This law highlights the importance of helping people who are released from prison reintegrate into their communities. Released offenders often return to where they lived before being incarcerated. The law suggests that offering them housing and support services like job training, education, and counseling can help them become productive community members and lower repeat crime rates. However, local agencies may be hesitant to approve such community facilities. To encourage more transitional housing, the state proposes providing grants to communities willing to support these services for ex-offenders.

The Legislature finds and declares all of the following:
(a)CA Government Code § 30035(a) Upon release from custody, offenders who are incarcerated for felony or misdemeanor convictions generally return to their communities of last residence.
(b)CA Government Code § 30035(b) Providing released offenders with transitional housing services in tandem with support services that include, but are not limited to, employment counseling, job training, continuing education, psychological counseling, and substance abuse treatment may help these individuals transition into productive roles in their communities and reduce the fiscal and operational strain of recidivism on state and local law enforcement agencies and the courts.
(c)CA Government Code § 30035(c) Research has found that transitional housing, and related support services, can be effective when provided to ex-offenders in community-based settings that reflect the environments in which they will permanently reside.
(d)CA Government Code § 30035(d) For a variety of reasons, local agencies charged with land use decisions may be reluctant to approve facilities that provide released offenders with community-based services similar to those described in subdivision (b).
(e)CA Government Code § 30035(e) It is in the state’s interest to increase the supply of transitional housing for ex-offenders. The provision of state grants to cities, counties, and cities and counties that agree to approve facilities that provide released offenders with community-based services can provide incentives to increase the number of those facilities, while also providing additional resources to those communities.

Section § 30035.1

Explanation

This law establishes the Community-Based Transitional Housing Program, which is managed by the Department of Finance. Only cities, counties, and cities with counties can apply to be part of this program.

The funding for this program comes from money set aside in the Budget Act or similar measures, and any funds earmarked must be used within three fiscal years.

(a)CA Government Code § 30035.1(a) There is hereby established the Community-Based Transitional Housing Program, to be administered by the Department of Finance. As used in this chapter, “program” means the Community-Based Transitional Housing Program and “department” means the Department of Finance.
(b)CA Government Code § 30035.1(b) Eligibility to apply to participate in the program shall be limited to cities, counties, and cities and counties.
(c)CA Government Code § 30035.1(c) The program shall be funded with moneys appropriated for that purpose in the annual Budget Act or other measure. Notwithstanding any other law, the encumbrance period for moneys appropriated in a budget act or other measure for the program shall be three fiscal years.

Section § 30035.2

Explanation

This section explains that for a city or county to get funds from a specific program, they must have a facility that meets certain criteria. First, the facility must offer transitional housing for at least 10 years to people released from prison or jail after completing sentences for felony or misdemeanor convictions.

Next, the facility must either provide or contract for at least two additional services such as life skills training, job counseling, education, therapy, or substance abuse treatment.

Moreover, the facility’s operator and any contracted service providers must hold all necessary licenses as required by state and local laws.

In order for a city, county, or city and county to receive funds pursuant to the program, the facility for which it has approved a conditional use permit or other local entitlement pursuant to paragraph (2) of subdivision (a) of Section 30035.3 shall meet all of the following criteria:
(a)CA Government Code § 30035.2(a) The facility shall provide transitional housing for a period of not less than 10 years to persons who have been released from a state prison or county jail after serving a sentence for one or more felony or misdemeanor convictions.
(b)CA Government Code § 30035.2(b) The facility shall provide, or contract with another provider for, two or more additional services to residents. These services may include, but need not necessarily be limited to, life skills training, employment counseling, vocational training, continuing education, psychological counseling, anger management training, substance abuse treatment and counseling, or cognitive behavioral therapy.
(c)CA Government Code § 30035.2(c) The facility operator, and any entity with which it contracts for the provisions of services described in subdivision (b), shall be in valid possession of all licenses required by state law and local rules, regulations, or ordinances.

Section § 30035.3

Explanation

This section outlines the application process for receiving program funding for facilities serving offenders. Applications should be submitted to the department by specified dates and must include a resolution from local authorities approving the issuance of necessary permits. These permits have a 10-year validity period, and final approval must happen in three public meetings post-department's application approval. Failure to do so disqualifies future applications from the city, county, or jurisdiction involved.

The application must detail requested funding, the number of offenders, service types, and specific facility purposes. It must also include past operational experience of the facility operator, any legal violations, and performance metrics on reducing recidivism. Information about permitted facilities in residential settings and services provided, including for those on probation or parole, must be included. Additionally, an agreement to maintain permit validity for ten years and contact person details must be provided.

(a)Copy CA Government Code § 30035.3(a)
(1)Copy CA Government Code § 30035.3(a)(1) Applications for program funding shall be submitted to the department, in the form and manner specified by the department, no earlier than October 1, 2016, and no later than October 1, 2018.
(2)Copy CA Government Code § 30035.3(a)(2)
(A)Copy CA Government Code § 30035.3(a)(2)(A) Each application shall be accompanied by a copy of a resolution adopted by the county board of supervisors or the city council, as applicable, stating that the board or council has approved the issuance of a conditional use permit or other local entitlement for a facility that meets the criteria specified in Section 30035.2 and that final issuance of the conditional use permit or provision of other local entitlement will be provided within the three scheduled public meetings of the county board of supervisors or city council, as applicable, following the department’s approval of the city’s, county’s, or city and county’s application for program funds.
(B)CA Government Code § 30035.3(a)(2)(A)(B) The conditional use permit or other local entitlement issued pursuant to this paragraph shall be valid for a minimum period of 10 years from the date of issuance.
(C)CA Government Code § 30035.3(a)(2)(A)(C) Failure of the city, county, or city and county to provide final issuance of the conditional use permit or other local entitlement within the three scheduled public meetings following the department’s approval of the city’s, county’s, or city and county’s application shall render the department’s approval of that application void. The city, county, or city and county shall thereafter be permanently ineligible to submit any future application for funding under the program.
(b)CA Government Code § 30035.3(b) Each application for program funding shall detail all of the following:
(1)CA Government Code § 30035.3(b)(1) The amount of program funding requested.
(2)CA Government Code § 30035.3(b)(2) The number of offenders for whom the facility will provide services.
(3)CA Government Code § 30035.3(b)(3) The types of offenders for whom the facility will provide services.
(4)CA Government Code § 30035.3(b)(4) The types of services that the facility will provide to offenders.
(5)CA Government Code § 30035.3(b)(5) The purposes for which the city, county, or city and county will use the program funds for which it has applied.
(6)CA Government Code § 30035.3(b)(6) The purposes for which the facility will use program funds provided to it by the applicant city, county, or city and county.
(7)Copy CA Government Code § 30035.3(b)(7)
(A)Copy CA Government Code § 30035.3(b)(7)(A) The facility operator’s past in-state experience with operating facilities similar to those for which the application has been submitted.
(B)CA Government Code § 30035.3(b)(7)(A)(B) The information required by this paragraph shall include detailed information describing each instance in which the facility operator was found to be in violation of any state law or local rule, regulation, or ordinance, including any applicable state or local licensing requirements.
(8)CA Government Code § 30035.3(b)(8) The facility operator’s program performance measurement in reducing recidivism and assisting ex-offenders in transitioning back into society.
(9)Copy CA Government Code § 30035.3(b)(9)
(A)Copy CA Government Code § 30035.3(b)(9)(A) A list of all permitted facilities within the applicant city’s, county’s, or city and county’s jurisdiction that, in a residential setting, provide transitional housing services, psychological counseling, or cognitive behavioral therapy.
(B)CA Government Code § 30035.3(b)(9)(A)(B) The number of persons residing in each facility described in subparagraph (A) and the types of services provided to those residents.
(C)CA Government Code § 30035.3(b)(9)(A)(C) The number of persons residing in each facility described in subparagraph (A) who are on probation or parole.
(10)CA Government Code § 30035.3(b)(10) An agreement, as a condition of receiving program funds, that the applicant city, county, or city and county will allow the conditional use permit or other local entitlement to remain valid throughout the 10-year period for which the conditional use permit or other local entitlement required pursuant to paragraph (2) of subdivision (a) is valid.
(11)CA Government Code § 30035.3(b)(11) Two contact persons at the applicant city, county, or city and county and two contact persons at the facility provider who will be tasked with responding to questions regarding the facility if the application for program funding is approved. The applicant city, county, or city and county shall promptly notify the department of any changes made to the contact information required by this paragraph.

Section § 30035.4

Explanation

This section outlines the process for evaluating and funding applications from cities and counties for certain programs. The Department has 90 days to approve or deny applications and decides the amount of funding. Approval is based mostly on criteria in Section 30035.3, but the Department can consider other relevant factors.

The Department encourages applicants to use their own funds to match the program funds. If two or more applications are equally good, preference is given to those offering more matching funds. Once an application is approved and necessary permits are issued, funds are released as directed by the Director of Finance.

(a)CA Government Code § 30035.4(a) The department shall approve or deny each application received pursuant to Section 30035.3 within 90 days of receipt and, if the application is approved, shall determine the amount of funding to be provided to each applicant city, county, or city and county, subject to subdivision (a) of Section 30035.5. The department’s decision to approve or deny an application and the determination of the amount of funding to be provided shall be final.
(b)CA Government Code § 30035.4(b) The criteria specified in paragraphs (1) through (9), inclusive, of subdivision (b) of Section 30035.3 shall be the primary basis upon which the department determines whether to approve or deny an application and the amount of funds to award to an applicant city, county, or city and county. The department may consider any other criteria it deems appropriate, provided that any additional criteria are germane to making an award decision and further the purposes of the program.
(c)CA Government Code § 30035.4(c) The department shall encourage applicant cities, counties, and cities and counties to match the requested program funds, to the greatest extent possible, using local funds. In the event that the department determines that, based on the criteria specified in subdivision (b), two or more applications are equal in merit, the department shall give priority to those applicant cities, counties, or cities and counties that agree to provide the largest amount of local matching funds proportionate to the amount of program funds for which they have applied.
(d)CA Government Code § 30035.4(d) If the department approves an application and receives subsequent notification that the applicant city, county, or city and county has provided final issuance of a conditional use permit or other local entitlement as required by paragraph (2) of subdivision (a) of Section 30035.3, the Director of Finance, or his or her designee, shall direct the State Controller to remit to the applicant city, county, or city and county the amount of program funding approved by the department from those funds designated for that purpose in any budget act or other measure.

Section § 30035.5

Explanation

This law explains the process for cities, counties, or combined city-counties to receive up to $2 million in funds for certain projects. To qualify, applicants must first have their applications approved. Once funds are awarded, 60% stays with the local government and 40% goes to the facility operators. Areas where the funds can be used include law enforcement services, community outreach, and facility improvements.

Facility operators can use the funds for services to residents, security improvements, communication, and startup costs. The program aims to help offenders released from prison or jail, but others in the community may also benefit. Every year by August 1st, detailed reports on fund use and service outcomes must be submitted by both the local governments and facility operators.

(a)CA Government Code § 30035.5(a) The department shall award to a city, county, or city and county, the application of which the department has approved pursuant to Section 30035.4, up to two million dollars ($2,000,000). An applicant city, county, or city and county shall specify in its application the amount for which they are applying, as required by paragraph (1) of subdivision (b) of Section 30035.3.
(b)CA Government Code § 30035.5(b) Of the funds provided to an applicant pursuant to this section, 60 percent shall be retained by the city, county, or city and county that provided the conditional use permit or other local entitlement for the facility and 40 percent shall be provided by the city, county, or city and county to the facility operator.
(1)CA Government Code § 30035.5(b)(1) A city, county, or city and county may use program funds, and any matching funds provided pursuant to subdivision (c) of Section 30035.4, for the following purposes:
(A)CA Government Code § 30035.5(b)(1)(A) Discretionary law enforcement services, including efforts to enhance public safety in the vicinity of the facility for which program funding is provided.
(B)CA Government Code § 30035.5(b)(1)(B) Community outreach efforts that seek to address the concerns of residents and property owners within the one-quarter mile radius of the facility for which program funding is provided.
(C)CA Government Code § 30035.5(b)(1)(C) Any other community-based activities that the board of supervisors or city council, as applicable, believes will contribute to improved community relations regarding the facility for which program funding is provided.
(2)CA Government Code § 30035.5(b)(2) Facility operators may use program funds provided by the applicant city, county, or city and county for the following purposes:
(A)CA Government Code § 30035.5(b)(2)(A) Providing facility residents with the services specified in the approved application for program funding.
(B)CA Government Code § 30035.5(b)(2)(B) Enhancing the security of the facility and its premises.
(C)CA Government Code § 30035.5(b)(2)(C) Community outreach and communications.
(D)CA Government Code § 30035.5(b)(2)(D) Start-up costs for the operation of the facility.
(E)CA Government Code § 30035.5(b)(2)(E) Providing to facility residents those services specified in subdivision (b) of Section 30035.2, including through the transfer of program funds from the city or county to the facility operator.
(F)CA Government Code § 30035.5(b)(2)(F) Any other purposes that the board of supervisors or city council determines will enhance outcomes for facility residents or enhance public safety in and around the facility, provided those purposes were specified in the application submitted pursuant to Section 30035.3.
(3)CA Government Code § 30035.5(b)(3) While the program is intended to primarily target offenders released from state prison or county jail, nothing in this chapter shall be construed as prohibiting the program from serving other individuals in the community who may benefit from the program’s services.
(c)CA Government Code § 30035.5(c) No later than August 1, 2017, and each subsequent August 1 for which the program is in effect, each participating city, county, or city and county shall report the following to the department in the form and manner specified by the department:
(1)CA Government Code § 30035.5(c)(1) Program funds and matching funds received by the participating city, county, or city and county.
(2)CA Government Code § 30035.5(c)(2) A description of the use of the program funds and matching funds.
(3)CA Government Code § 30035.5(c)(3) A list of permitted facilities within the city’s, county’s, or city and county’s jurisdiction.
(d)CA Government Code § 30035.5(d) No later than August 1, 2017, and each subsequent August 1 for which the program is in effect, each facility operator receiving program funds from a participating city, county, or city and county shall report the following to the department in the form and manner specified by the department:
(1)CA Government Code § 30035.5(d)(1) Program funds and matching funds received by the facility operator.
(2)CA Government Code § 30035.5(d)(2) The number of ex-offenders currently receiving program services.
(3)CA Government Code § 30035.5(d)(3) A description of the services provided.
(4)CA Government Code § 30035.5(d)(4) The number of ex-offenders who, over the course of the year preceding the report, received treatment and transitioned back into society.
(5)CA Government Code § 30035.5(d)(5) The facility operator’s program performance measurement of recidivism reduction.

Section § 30035.6

Explanation

This law requires the department to submit an annual report by November 1st from 2017 to 2020 to the Joint Legislative Budget Committee. The report must include details about the previous fiscal year's applications for program funding, specifically the number received, approved, and denied. It must also list the names of cities or counties that received funds and the number of ex-offenders they supported, as well as those whose applications were denied.

The report must comply with Section 9795, which outlines how reports should be submitted.

(a)CA Government Code § 30035.6(a) No later than November 1, 2017, and each subsequent November 1 until November 1, 2020, the department shall submit a report to the Joint Legislative Budget Committee detailing all of the following for the preceding fiscal year:
(1)CA Government Code § 30035.6(a)(1) The number of applications for program funding received by the department.
(2)CA Government Code § 30035.6(a)(2) The number of applications for program funding approved and denied by the department.
(3)CA Government Code § 30035.6(a)(3) The name of each city, county, or city and county receiving program funds and the number of ex-offenders for which each recipient city, county, or city and county has received program funds.
(4)CA Government Code § 30035.6(a)(4) The name of each city, county, or city and county whose application for program funding was denied and the number of ex-offenders for which each denied application requested program funding.
(b)CA Government Code § 30035.6(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.

Section § 30035.7

Explanation

This section allows the Office of State Audits and Evaluations to use up to $500,000 from the program's budget to audit its effectiveness in helping ex-offenders. The audit must be completed, and a copy submitted to the Joint Legislative Budget Committee by May 1, 2020, in compliance with certain regulations. Furthermore, any cities, counties, or operators receiving funds must agree to cooperate with this audit.

(a)CA Government Code § 30035.7(a) Of the amount appropriated in the annual Budget Act or other measure for the program, the department’s Office of State Audits and Evaluations may use up to five hundred thousand dollars ($500,000) to conduct an audit of the program to determine its effectiveness in providing services to ex-offenders.
(b)CA Government Code § 30035.7(b) The department’s Office of State Audits and Evaluations shall conduct an audit of the program. The department shall provide a copy of the audit to the Joint Legislative Budget Committee no later than May 1, 2020. The copy of the audit shall be submitted in compliance with Section 9795.
(c)CA Government Code § 30035.7(c) Cities, counties, cities and counties, and facility operators that receive program funds shall agree, as a condition of receiving program funds, to cooperate fully with the audit conducted pursuant to this section by the department’s Office of State Audits and Evaluations.

Section § 30035.8

Explanation

This law states that when the department creates or updates instructions for state or local agencies to fulfill their budget-related duties, these actions are considered part of preparing the state budget. Therefore, they don't have to go through the usual rulemaking process required by the Administrative Procedure Act.

Any action by the department to adopt and update instructions to any state or local agency for the purpose of carrying out the department’s obligations pursuant to this chapter constitutes a department action to adopt and update instructions for the preparation, development, or administration of the state budget pursuant to Section 11357 and is exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2).