Bill Text: CA AB2385 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Probation.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-08-30 - Read third time. Refused passage. (Ayes 18. Noes 11. Page 5033.). [AB2385 Detail]

Download: California-2011-AB2385-Amended.html

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BILL NUMBER: AB 2385	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 9, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Members Harkey and Hall

                        FEBRUARY 24, 2012

   An act to  amend Section 1203.016 of   add
Section 1203.019 to  the Penal Code, relating to probation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2385, as amended, Harkey. Probation.
   Existing law authorizes  the board of supervisors of any
  a  county  to authorize the 
correctional administrator, as defined, to offer a program under
which  minimum security inmates and low-risk  
specified  offenders committed to a county jail or other county
correctional facility  or granted probation, or inmates
participating in a work furlough program,  may voluntarily
participate  , or involuntarily be placed,  in a home
detention program  , including electronic monitoring,  in
lieu of confinement in the county jail or other county correctional
facility under the auspices of the probation officer.  Existing
law authorizes the correctional administrator, with the approval of
the board of supervisors of the county, to administer the home
detention program pursuant to written contracts with appropriate
public or private agencies or entities.  
   This bill would require any person who participates or is placed
in a county-administered electronic monitoring program to be assigned
to an electronic monitoring program operating pursuant to a contract
with the county that complies with the above provisions. The bill
would state that it is not intended to limit or restrict the use of
electronic monitoring.  
   This bill would authorize the correctional administrator to offer
the home detention program to defendants committed to a county jail
or other county correctional facility before trial or inmates
committed to these facilities before sentencing. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1203.019 is added to the 
 Penal Code   , to read:  
   1203.019.  (a) A person who participates or is placed in a
county-administered electronic monitoring program shall be assigned
to an electronic monitoring program operating pursuant to a contract
with the county that complies with the provisions of subdivision (j)
of Section 1203.016.
   (b) Nothing in this section is intended to limit or restrict the
use of electronic monitoring.  
  SECTION 1.    Section 1203.016 of the Penal Code
is amended to read:
   1203.016.  (a) Notwithstanding any other provision of law, the
board of supervisors of a county may authorize the correctional
administrator, as defined in subdivision (h), to offer a program
under which inmates or defendants committed to a county jail or other
county correctional facility, including, but not limited to,
defendants committed before trial or inmates committed before
sentencing, inmates who are granted probation, or inmates
participating in a work furlough program, may voluntarily participate
or involuntarily be placed in a home detention program during their
sentence in lieu of confinement in the county jail or other county
correctional facility or program under the auspices of the probation
officer.
   (b) The board of supervisors, in consultation with the
correctional administrator, may prescribe reasonable rules and
regulations under which a home detention program may operate. As a
condition of participation in the home detention program, the inmate
or defendant shall give his or her consent, in writing, to
participate in the home detention program and shall, in writing,
agree to comply or, for involuntary participation, the inmate or
defendant shall be informed, in writing, that he or 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
his or her residence during the hours designated by the correctional
administrator.
   (2) The participant shall admit any person or agent designated by
the correctional administrator into his or her residence at any time
for purposes of verifying the participant's compliance with the
conditions of his or her detention.
   (3) The participant shall agree to the use of electronic
monitoring, which may include global positioning system devices or
other supervising devices, for the purpose of helping to verify his
or her compliance with the rules and regulations of the home
detention 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 that is to be
used solely for the purposes of voice identification.
   (4) The participant shall agree that the correctional
administrator in charge of the county correctional facility from
which the participant was released may, without further order of the
court, immediately retake the person into custody to either serve the
balance of his or her sentence or remain in custody until his or her
trial or sentencing, if the electronic monitoring or supervising
devices are unable for any reason to properly perform their function
at the designated place of home detention, if the person fails to
remain within the place of home detention as stipulated in the
agreement, if the person willfully fails to pay fees to the provider
of electronic home detention services, as stipulated in the
agreement, subsequent to the written notification of the participant
that the payment has not been received and that return to custody may
result, or if the person for any other reason no longer meets the
established criteria under this section. A copy of the agreement
shall be delivered to the participant and a copy retained by the
correctional administrator.
   (c) Whenever the peace officer supervising a participant has
reasonable cause 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 correctional administrator, and without
a warrant of arrest, retake the person into custody to complete the
remainder of the original sentence or to remain in custody until his
or her trial or sentencing.
   (d) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in a home
detention program only if the correctional administrator concludes
that the person meets the criteria for release established under this
section and that the person's participation is consistent with
reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.
   (1) The rules and regulations and administrative policy of the
program shall be written and reviewed on an annual basis by the
county board of supervisors and the correctional administrator. The
rules and regulations shall be given to or made available to any
participant upon request.
   (2) The correctional administrator, or his or her designee, shall
have the sole discretionary authority to permit program participation
as an alternative to physical custody. A person referred or
recommended by the court to participate in the home detention program
pursuant to subdivision (e) who is denied participation or a person
removed from program participation shall be notified, in writing, of
the specific reasons for the denial or removal. The notice of denial
or removal shall include the participant's appeal rights, as
established by program administrative policy.
   (e) The court may recommend or refer a person to the correctional
administrator for consideration for placement in the home detention
program. The recommendation or referral of the court shall be given
great weight in the determination of acceptance or denial. At the
time of sentencing or at any time that the court deems it necessary,
the court may restrict or deny the person's participation in a home
detention program.
   (f) The correctional administrator may permit a home detention
program participant to seek and retain employment in the community,
attend psychological counseling sessions or educational or vocational
training classes, or seek medical and dental assistance. Willful
failure of the program participant to return to the place of home
detention not later than the expiration of a period of time during
which he or she is authorized to be away from the place of home
detention pursuant to this section and unauthorized departures from
the place of home detention are punishable as provided in Section
4532.
   (g) The board of supervisors may prescribe a program
administrative fee to be paid by each home detention participant that
shall be determined according to his or her ability to pay.
Inability to pay all or a portion of the program fees shall not
preclude participation in the program, and eligibility shall not be
enhanced by reason of ability to pay. All program administration and
supervision fees shall be administered in compliance with Section
1208.2.
   (h) As used in this section, "Correctional administrator" means
the sheriff, probation officer, or director of the county department
of corrections.
   (i) Notwithstanding any other law, the police department of a city
where an office is located to which persons on an electronic
monitoring program report may request the county correctional
administrator to provide information concerning those persons. This
information shall be limited to the name, address, date of birth, and
offense committed by the home detainee. Information received by a
police department pursuant to this subdivision shall be used only for
the purpose of monitoring the impact of home detention programs on
the community.
   (j) It is the intent of the Legislature that home detention
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:
   (1) The correctional administrator, with the approval of the board
of supervisors, may administer a home detention program pursuant to
written contracts with appropriate public or private agencies or
entities to provide specified program services. No public or private
agency or entity may operate a home detention program in a county
without a written contract with that county's correctional
administrator. However, this does not apply to the use of electronic
monitoring by the Department of Corrections and Rehabilitation. No
public or private agency or entity entering into a contract may
itself employ a person who is in the home detention program.
   (2) Program acceptance shall not circumvent the normal booking
process for sentenced offenders. All home detention program
participants shall be supervised.
   (3) (A) All privately operated home detention programs shall be
under the jurisdiction of, and subject to the terms and conditions of
the contract entered into with, the correctional administrator.
   (B) Each contract shall include, but not be limited to, all of the
following:
   (i) A provision whereby the private agency or entity agrees to
operate in compliance with available standards promulgated by state
correctional agencies and bodies, including the Board of State and
Community Corrections, and all statutory provisions and mandates,
state and county, as appropriate and applicable to the operation of
home detention programs and the supervision of sentenced offenders in
a home detention program.
   (ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.
   (iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted and
approved by the board of supervisors, in amounts and under conditions
sufficient to fully indemnify the county for reasonably foreseeable
public liability, including legal defense costs, that may arise from,
or be proximately caused by, acts or omissions of the contractor.
The contract shall provide for annual review by the correctional
administrator to ensure compliance with requirements set by the board
of supervisors and for adjustment of the financial responsibility
requirements if warranted by caseload changes or other factors.
   (iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates of
insurance or copies of insurance policies, prior to commencing
operations pursuant to the contract or at any time requested by the
board of supervisors or correctional administrator.
   (v) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity at
any time that the contractor fails to demonstrate evidence of
financial responsibility.
   (C) All privately operated home detention programs shall comply
with all appropriate, applicable ordinances and regulations specified
in subdivision (a) of Section 1208.
   (D) The board of supervisors, the correctional administrator, and
the designee of the correctional administrator shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.
   (E) The failure of the private agency or entity to comply with
statutory provisions and requirements or with the standards
established by the contract and with the correctional administrator
may be sufficient cause to terminate the contract.
   (F) Upon the discovery that a private agency or entity with whom
there is a contract is not in compliance pursuant to this paragraph,
the correctional administrator shall give 60 days' notice to the
director of the private agency or entity that the contract may be
canceled if the specified deficiencies are not corrected.
   (G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.
   (k) For purposes of this section, "evidence of financial
responsibility" may include, but is not limited to, certified copies
of any of the following:
   (1) A current liability insurance policy.
   (2) A current errors and omissions insurance policy.
   (3) A surety bond.