Article 5. Supportive Housing Program For Mentally Ill Parolees of California Penal Code >> Title 1. >> Part 3. >> Chapter 7. >> Article 5.
It is the intent of the Legislature in enacting this article
to provide evidence-based, comprehensive mental health and supportive
services, including housing subsidies, to parolees who suffer from
mental illness and are at risk of homelessness, in order to
successfully reintegrate the parolees into the community, increase
public safety, and reduce state costs of recidivism. It is further
the intent of the Legislature to supplement existing parole
outpatient clinic services by providing services to individuals who
suffer from a severe mental illness, as defined in Section 5600.3 of
the Welfare and Institutions Code, and who require services that
cannot be provided by parole outpatient clinics, including services
provided pursuant to Section 5806 of the Welfare and Institutions
Code.
For purposes of this article, the following definitions
shall apply:
(a) "Department" means the Department of Corrections and
Rehabilitation.
(b) "Supportive housing" has the same meaning set forth in
subdivision (b) of Section 50675.14 of the Health and Safety Code,
and that, in addition, is decent, safe, and affordable.
(c) "Transitional housing" has the same meaning set forth in
subdivision (h) of Section 50675.2 of the Health and Safety Code, and
that, in addition, is decent, safe, and affordable.
(a) Pursuant to Section 3073, the Department of Corrections
and Rehabilitation shall provide a supportive housing program that
provides wraparound services to mentally ill parolees who are at risk
of homelessness using funding appropriated by the Legislature for
that purpose.
(b) Providers participating in this program shall comply with all
of the following:
(1) Provide services and treatment based on best practices.
(2) Demonstrate that the program reduces recidivism and
homelessness among program participants.
(3) Have prior experience working with county or regional mental
health programs.
(c) (1) An inmate or parolee is eligible for participation in this
program if all of the following are applicable:
(A) He or she has a serious mental disorder as defined in Section
5600.3 of the Welfare and Institutions Code and as identified by the
department, and he or she has a history of mental health treatment in
the prison's mental health services delivery system or in a parole
outpatient clinic.
(B) The inmate or parolee voluntarily chooses to participate.
(C) Either of the following applies:
(i) He or she has been assigned a date of release within 60 to 180
days and is likely to become homeless upon release.
(ii) He or she is currently a homeless parolee.
(2) First priority for the program shall be given to the lowest
functioning offenders in prison, as identified by the department, who
are likely to become homeless upon release.
(3) For purposes of this subdivision, a person is "likely to
become homeless upon release" if he or she has a history of
"homelessness" as that term is used in Section 11302(a) of Title 42
of the United States Code and if he or she satisfies both of the
following criteria:
(A) He or she has not identified a fixed, regular, and adequate
nighttime residence for release.
(B) His or her only identified nighttime residence for release
includes a supervised publicly or privately operated shelter designed
to provide temporary living accommodations, or a public or private
place not designed for, or is not ordinarily used as, a regular
sleeping accommodation for human beings.
(a) Each provider shall offer services, in accordance with
Section 5806 of the Welfare and Institutions Code, to obtain and
maintain health and housing stability while participants are on
parole, to enable the parolee to comply with the terms of parole, and
to augment mental health treatment provided to other parolees. The
services shall be offered to participants in their home, or be made
as easily accessible to participants as possible and shall include,
but are not limited to, all of the following:
(1) Case management services.
(2) Parole discharge planning.
(3) Housing location services, and, if needed, move-in cost
assistance.
(4) Rental subsidies.
(5) Linkage to other services, such as vocational, educational,
and employment services, as needed.
(6) Benefit entitlement application and appeal assistance.
(7) Transportation assistance to obtain services and health care
needed.
(8) Assistance obtaining appropriate identification.
(b) For participants identified prior to release from state
prison, upon the provider's receipt of referral and, in collaboration
with the parole agent and, if appropriate, staff, the intake
coordinator or case manager of the provider shall, when possible:
(1) Receive all prerelease assessments and discharge plans.
(2) Draft a plan for the participant's transition into housing
that serves the participant's needs and is affordable, such as
permanent supportive housing, or a transitional housing program that
includes support services and demonstrates a clear transition pathway
to permanent housing.
(3) Engage the participant to actively participate in services
upon release.
(4) Assist in obtaining identification for the participant, if
necessary.
(5) Assist in applying for any benefits for which the participant
is eligible.
(c) (1) To facilitate the transition of participants identified
prior to release into the community and participants identified
during parole into supportive housing, each provider shall, on an
ongoing basis, not less than quarterly, assess each participant's
needs and include in each participant's assessment a plan to foster
independence and a residence in permanent housing once parole is
complete.
(2) Upon referral to the provider, the provider shall work to
transition participants from the department's rental assistance to
other mainstream rental assistance benefits if those benefits are
necessary to enable the participant to remain in stable housing, and
shall prioritize transitioning participants to these benefits in a
manner that allows participants to remain housed, when possible,
without moving. Mainstream rental assistance benefits may include,
but are not limited to, federal Housing Choice Voucher assistance,
Department of Housing and Urban Development-Veterans Affairs
Supportive Housing vouchers, or other rental assistance programs.
(3) The participant's parole discharge plan and the assessments
shall consider the need for and prioritize linkage to county mental
health services and housing opportunities that are supported by the
Mental Health Services Act, the Mental Health Services Act Housing
Program, or other funding sources that finance permanent supportive
housing for persons with mental illness, so that the participant may
continue to achieve all recovery goals of the program and remain
permanently housed once the term of parole ends.
(a) Providers shall identify and locate supportive housing
and transitional housing opportunities for participants prior to
release from state prison or as quickly upon release from state
prison as possible, or as quickly as possible when participants are
identified during parole.
(b) Housing identified pursuant to subdivision (a) shall satisfy
both of the following:
(1) The housing is located in an apartment building, single-room
occupancy buildings, townhouses, or single-family homes, including
rent-subsidized apartments leased in the open market or set aside
within privately owned buildings.
(2) The housing is not subject to community care licensing
requirements or is exempt from licensing under Section 1504.5 of the
Health and Safety Code.
(a) Each provider shall report to the department regarding
the intended outcomes of the program, including all of the following:
(1) The number of participants served.
(2) The types of services that were provided to program
participants.
(3) The outcomes for participants, including the number who
graduated to independent living, the number who remain in or moved to
permanent housing, the number who ceased to participate in the
program, and the number who returned to state prison.
(4) The number of participants who successfully completed parole
and transitioned to county mental health programs.
(b) The department shall prepare an analysis of the costs of the
supportive housing program in comparison to the cost savings to the
state as a result of reduced recidivism rates by participants using
the information provided pursuant to subdivision (a). This analysis
shall exclude from consideration any federal funds provided for
services while the participant is on parole in order to ensure that
the analysis accurately reflects only the costs to the state for the
services provided to participants.
(c) The department shall annually submit, on or before February 1,
the information collected pursuant to subdivision (a) and the
analysis prepared pursuant to subdivision (b) to the chairs of the
Joint Legislative Budget Committee, the Senate Committee on Budget
and Fiscal Review, the Assembly Committee on Budget, the Senate and
Assembly Committees on Public Safety, the Senate Committee on
Transportation and Housing, and the Assembly Committee on Housing and
Community Development.