Bill Text: CA AB2106 | 2013-2014 | Regular Session | Introduced
Bill Title: Inmates: alternative custody.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-06 - Referred to Com. on PUB. S. [AB2106 Detail]
Download: California-2013-AB2106-Introduced.html
BILL NUMBER: AB 2106 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Quirk
FEBRUARY 20, 2014
An act to amend Section 1170.05 of the Penal Code, relating to
inmates.
LEGISLATIVE COUNSEL'S DIGEST
AB 2106, as introduced, Quirk. Inmates: alternative custody.
Existing law authorizes the Secretary of the Department of
Corrections and Rehabilitation to offer a program under which female
inmates who are committed to state prison may be allowed to
participate in a voluntary alternative custody program in lieu of
confinement in state prison. Existing law defines an alternative
custody program to include confinement to a residential home, a
residential drug or treatment program, or a transitional care
facility that offers appropriate services. Existing law provides that
female inmates sentenced to determinate sentences shall be eligible
for participation in the program, subject to certain disqualifying
criteria.
This bill would provide that an existing psychiatric or medical
condition that requires ongoing care is not a basis for excluding an
inmate from eligibility for the program. The bill would provide more
specific timeframes for participation in the alternative custody
program. The bill would require the Secretary of the Department of
Corrections and Rehabilitation or his or her designee to respond to
an applicant within two weeks of his or her application to inform the
inmate that the application was received, and to notify the inmate
of any exclusionary criteria and case-by-case criteria. The bill
would require an individualized treatment and rehabilitation plan to
be developed during the two weeks following the notice of receipt of
the application, in consultation with the inmate, during which time
the decision of whether to accept the inmate into the program would
be made, and during which time the secretary or his or her designee
would provide a written notice to the inmate of acceptance or denial
of participation in the program. The bill would require an inmate to
be released to the program no later than 5 business days following
notice of acceptance into the program. The bill would require a
notice of denial to explain the reasons the inmate has been denied
participation in the program. The bill would require the secretary or
his or her designee to keep a record of the application and notice
of denial for participation. The bill would authorize an inmate to,
30 days after the notice of denial, reapply for participation in the
program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1170.05 of the Penal Code is amended to read:
1170.05. (a) Notwithstanding any other law, the Secretary of the
Department of Corrections and Rehabilitation is authorized to offer a
program under which female inmates as specified in subdivision (c),
who are not precluded by subdivision (d), and who have been committed
to state prison may be allowed to participate in a voluntary
alternative custody program as defined in subdivision (b) in lieu of
their confinement in state prison. In order to qualify for the
program an offender need not be confined in an institution under the
jurisdiction of the Department of Corrections and Rehabilitation.
Under this program, one day of participation in an alternative
custody program shall be in lieu of one day of incarceration in the
state prison. Participants in the program shall receive any sentence
reduction credits that they would have received had they served their
sentence in the state prison, and shall be subject to denial and
loss of credit pursuant to subdivision (a) of Section 2932. The
department may enter into contracts with county agencies,
not-for-profit organizations, for-profit organizations, and others in
order to promote alternative custody placements.
(b) As used in this section, an alternative custody program shall
include, but not be limited to, the following:
(1) Confinement to a residential home during the hours designated
by the department.
(2) Confinement to a residential drug or treatment program during
the hours designated by the department.
(3) Confinement to a transitional care facility that offers
appropriate services.
(c) Except as provided by subdivision (d), female inmates
sentenced to state prison for a determinate term of imprisonment
pursuant to Section 1170, and only those persons, shall be eligible
to participate in the alternative custody program authorized by this
section. An existing psychiatric or medical condition that
requires ongoing care is not a basis for excluding an inmate from
eligibility to participate in the alternative custody program
authorized by this section.
(d) An inmate committed to the state prison who meets any of the
following criteria shall not be eligible to participate in the
alternative custody program:
(1) The person has a current conviction for a violent felony as
defined in Section 667.5.
(2) The person has a current conviction for a serious felony as
defined in Sections 1192.7 and 1192.8.
(3) The person has a current or prior conviction for an offense
that requires the person to register as a sex offender as provided in
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(4) The person was screened by the department using a validated
risk assessment tool and determined to pose a high risk to commit a
violent offense.
(5) The person has a history, within the last 10 years, of escape
from a facility while under juvenile or adult custody, including, but
not limited to, any detention facility, camp, jail, or state prison
facility.
(e) An alternative custody program shall include the use of
electronic monitoring, global positioning system devices, or other
supervising devices for the purpose of helping to verify a
participant's compliance with the rules and regulations of the
program. The devices shall not be used to eavesdrop or record any
conversation, except a conversation between the participant and the
person supervising the participant, in which case the recording of
such a conversation is to be used solely for the purposes of voice
identification.
(f) (1) In order to implement alternative custody for the
population specified in subdivision (c), the department shall create,
and the participant shall agree to and fully participate in, an
individualized treatment and rehabilitation plan. When available and
appropriate for the individualized treatment and rehabilitation plan,
the department shall prioritize the use of evidence-based programs
and services that will aid in the successful reentry into society
while she takes part in alternative custody. Case management services
shall be provided to support rehabilitation and to track the
progress and individualized treatment plan compliance of the inmate.
(2) For purposes of this section, "evidence-based practices" means
supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals under probation, parole, or postrelease community
supervision.
(g) The secretary shall prescribe reasonable rules and regulations
under which the alternative custody program shall operate. The
department shall adopt regulations necessary to effectuate this
section, including emergency regulations as provided under Section
5058.3 and adopted pursuant to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The participant shall be informed
in writing that she shall comply with the rules and regulations of
the program, including, but not limited to, the following rules:
(1) The participant shall remain within the interior premises of
her residence during the hours designated by the secretary or his or
her designee.
(2) The participant shall be subject to search and seizure by a
peace officer at any time of the day or night, with or without cause.
In addition, the participant shall admit any peace officer
designated by the secretary or his or her designee into the
participant's residence at any time for purposes of verifying the
participant's compliance with the conditions of her detention. Prior
to participation in the alternative custody program, all participants
shall agree in writing to these terms and conditions.
(3) The secretary or his or her designee may immediately retake
the participant into custody to serve the balance of her sentence if
the electronic monitoring or supervising devices are unable for any
reason to properly perform their function at the designated place of
detention, if the participant fails to remain within the place of
detention as stipulated in the agreement, or if the participant for
any other reason no longer meets the established criteria under this
section.
(h) Whenever a peace officer supervising a participant has
reasonable suspicion to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the designated
place of confinement, the peace officer may, under general or
specific authorization of the secretary or his or her designee, and
without a warrant of arrest, retake the participant into custody to
complete the remainder of the original sentence.
(i) Nothing in this section shall be construed to require the
secretary or his or her designee to allow an inmate to participate in
this program if it appears from the record that the inmate has not
satisfactorily complied with reasonable rules and regulations while
in custody. An inmate shall be eligible for participation in an
alternative custody program only if the secretary or his or her
designee concludes that the inmate meets the criteria for program
participation established under this section and that the inmate's
participation is consistent with any reasonable rules and regulations
prescribed by the secretary.
(1) The rules and regulations and administrative policies of the
program shall be written and shall be given or made available to the
participant upon assignment to the alternative custody program.
(2) The secretary or his or her designee shall have the sole
discretion concerning whether to permit program participation as an
alternative to custody in state prison. A risk and needs assessment
shall be completed on each inmate to assist in the determination of
eligibility for participation and the type of alternative custody.
(j) The secretary or his or her designee shall establish a
timeline for the application process. The secretary or his or her
designee shall respond to an applicant within two weeks of his or her
application to inform the inmate that the application was received,
and to notify the inmate of any exclusionary criteria and
case-by-case criteria. The individualized treatment and
rehabilitation plan described in subdivision (f) shall be developed
during the two weeks following the notice of receipt of the
application, in consultation with the inmate, during which time the
decision whether to accept the inmate into the program shall be made,
and the secretary or his or her designee shall provide a written
notice to the inmate of his or her acceptance or denial into the
program. The inmate shall be released to the program no later than
five business days following notice of acceptance into the program.
If the inmate is denied participation in the program, the notice of
denial shall explain the reason the inmate was denied. The secretary
or his or her designee shall keep a record of the application and
notice of denials for participation. The inmate may, 30 days after
the notice of denial, reapply for participation in the program.
(j)
(k) The secretary or his or her designee shall permit
program participants to seek and retain employment in the community,
attend psychological counseling sessions or educational or vocational
training classes, participate in life skills or parenting training,
utilize substance abuse treatment services, or seek medical and
dental assistance based upon the participant's individualized
treatment and release plan. Participation in other rehabilitative
services and programs may be approved by the case manager if it is
specified as a requirement of the inmate's individualized treatment
and rehabilitative case plan. Willful failure of the program
participant to return to the place of detention not later than the
expiration of any period of time during which she is authorized to be
away from the place of detention pursuant to this section,
unauthorized departures from the place of detention, or tampering
with or disabling, or attempting to tamper with or disable, an
electronic monitoring device shall subject the participant to a
return to custody pursuant to subdivisions (g) and (h). In addition,
participants may be subject to forfeiture of credits pursuant to the
provisions of Section 2932, or to discipline for violation of rules
established by the secretary.
(k)
(l) (1) Notwithstanding any other law, the secretary or
his or her designee shall provide the information specified in
paragraph (2) regarding participants in an alternative custody
program to the law enforcement agencies of the jurisdiction in which
persons participating in an alternative custody program reside.
(2) The information required by paragraph (1) shall consist of the
following:
(A) The participant's name, address, and date of birth.
(B) The offense committed by the participant.
(C) The period of time the participant will be subject to an
alternative custody program.
(3) The information received by a law enforcement agency pursuant
to this subdivision may be used for the purpose of monitoring the
impact of an alternative custody program on the community.
(l)
(m) It is the intent of the Legislature that the
alternative custody program established under this section maintain
the highest public confidence, credibility, and public safety. In the
furtherance of these standards, the secretary may administer an
alternative custody program pursuant to written contracts with
appropriate public agencies or entities to provide specified program
services. No public agency or entity entering into a contract may
itself employ any person who is in an alternative custody program.
The department shall determine the recidivism rate of each
participant in an alternative custody program.
(m)
(n) An inmate participating in this program
must shall voluntarily agree to all of the
provisions of the program in writing, including that she may be
returned to confinement at any time with or without cause, and shall
not be charged fees or costs for the program.
(n)
(o) The state shall retain responsibility for the
medical, dental, and mental health needs of individuals participating
in the alternative custody program.
(o)
(p) The secretary shall adopt emergency regulations
specifically governing participants in this program.
(p)
(q) If a phrase, clause, sentence, or provision of this
section or application thereof to a person or circumstance is held
invalid, that invalidity shall not affect any other phrase, clause,
sentence, or provision or application of this section, which can be
given effect without the invalid phrase, clause, sentence, or
provision or application and to this end the provisions of this
section are declared to be severable.
