Bill Text: CA AB2499 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Offenders: home detention programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 612, Statutes of 2014. [AB2499 Detail]
Download: California-2013-AB2499-Amended.html
Bill Title: Offenders: home detention programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 612, Statutes of 2014. [AB2499 Detail]
Download: California-2013-AB2499-Amended.html
BILL NUMBER: AB 2499 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 21, 2014
An act to amend Sections 1203.016, 1203.017,
1203.018, 2900.5, and 4019 of the Penal Code, relating to offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 2499, as amended, Bonilla. Offenders: home detention programs.
Existing law provides that the board of supervisors of any county
may authorize the correctional administrator to offer a program under
which inmates 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 during their
sentence in lieu of confinement in the county jail or other county
correctional facility or program. Existing law requires the
correctional administrator to provide specified information about a
participant upon request of the police department of a city where an
office is located to which persons on an electronic monitoring
program report. Existing law requires any information received by a
police department pursuant to that request to be used only for the
purpose of monitoring the impact of home electronic monitoring
programs in the community.
This bill would add to the information subject to those requests,
current and historic GPS location data, if available. The bill would
recast the provisions restricting the use of that information to
prohibit a police department that does not have the primary
responsibility to supervise participants in the electronic monitoring
program that receives the requested information from using the
information to conduct enforcement actions based on administrative
violations of the home detention program. The bill would require a
police department that has knowledge that the subject in a criminal
investigation is a participant in an electronic monitoring program to
make reasonable efforts to notify the supervising agency prior to
serving a warrant or taking any law enforcement action against a
participant in an electronic monitoring program.
By imposing additional requirements on local agencies, this bill
would impose a state-mandated local program.
Existing law provides that the county board of supervisors of any
county may, upon determination by the correctional administrator that
conditions in a jail facility warrant the necessity of releasing
sentenced misdemeanor inmates prior to them serving the full amount
of a given sentence due to lack of jail space, authorize the
correctional administrator to offer a program under which specified
inmates may be required to participate in an involuntary home
detention program.
This bill would remove the requirement that the inmates subject to
the involuntary home detention program be misdemeanor inmates. By
expanding the availability of an inmate program administered by local
agencies, this bill would impose a state-mandated local program.
Existing law provides that the county board of supervisors may
authorize the correctional administrator to offer a program under
which inmates being held in lieu of bail in a county jail or other
county correctional facility may participate in an electronic
monitoring program if certain conditions are met. Existing law
requires the correctional administrator to provide specified
information about a participant upon request of a local law
enforcement agency with jurisdiction over the location where a
participant in an electronic monitoring program is placed. Existing
law requires any information received by a law enforcement agency
pursuant to that request to be used only for the purpose of
monitoring the impact of home electronic monitoring programs in the
community.
This bill would add to the information subject to those requests,
current and historic GPS location data, if available. The bill would
recast the provisions restricting the use of that information to
prohibit a law enforcement agency that does not have the primary
responsibility to supervise participants in the electronic monitoring
program that receives the requested information from using the
information to conduct enforcement actions based on administrative
violations of the home detention program. The bill would require that
an agency that has knowledge that the subject in a criminal
investigation is a participant in an electronic monitoring program to
make reasonable efforts to notify the supervising agency prior to
serving a warrant or taking any law enforcement action against a
participant in an electronic monitoring program.
By imposing additional requirements on local agencies, this bill
would impose a state-mandated local program.
Existing law requires that when a defendant has been in custody,
including, but not limited to, any time spent in a jail, camp, work
furlough facility, and other specified facilities, all days of
custody of the defendant, including, home detention for inmates who
otherwise would be in jail in lieu of bail, are credited toward the
term of imprisonment or toward any fine. Existing law also provides
that the time spent in these facilities or programs qualifies as
mandatory time in jail if the statute under which the defendant is
sentenced requires a mandatory minimum period of time in jail.
This bill would include other home detention programs for the
purpose of crediting days in custody for those purposes. The bill
would remove the requirement that the statute under which the
defendant is sentenced requires a mandatory minimum period of time in
jail in order for the time spent in those facilities or programs to
qualify as mandatory time in jail.
By increasing the administrative responsibilities of local
agencies, this bill would impose a state-mandated local program.
Existing law provides that a prisoner, who, for specified reasons,
is confined in or committed to a county jail, industrial farm, or
road camp, or any city jail, industrial farm, or road camp, shall,
for each 4 day period of custody, have one day deducted from the
prisoner's period of confinement, unless it appears by the record
that the prisoner has refused to satisfactorily perform labor as
assigned by the sheriff, chief of police, or superintendent of an
industrial farm or road camp. Existing law additionally requires for
those prisoners, that for every 4 days of confinement, one day to be
deducted from the prisoner's period of confinement, unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
This bill would apply those provisions to persons who are confined
on or after January 1, 2015, in specified home detention programs.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.016 of the Penal Code is amended to read:
1203.016. (a) Notwithstanding any other law, the board of
supervisors of any county may authorize the correctional
administrator, as defined in subdivision (h), to offer a program
under which inmates 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 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
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 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 which 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 serve the
balance of his or her sentence 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.
(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 any
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. All persons referred or
recommended by the court to participate in the home detention program
pursuant to subdivision (e) who are denied participation or all
persons 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 defendant's participation in a
home detention program.
(f) The correctional administrator may permit home detention
program participants 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 any 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,
offense committed by the home detainee, and if available, current and
historical GPS coordinates of the home detainee. A police department
that does not have the primary responsibility to supervise
participants in the electronic monitoring program that receives
information pursuant to this subdivision shall not use the
information to conduct enforcement actions based on administrative
violations of the home detention program. A police department that
has knowledge that the subject in a criminal investigation is a
participant in an electronic monitoring program shall make reasonable
efforts to notify the supervising agency prior to serving a warrant
or taking any law enforcement action against a participant in an
electronic monitoring program.
(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 any 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 any 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 any available standards promulgated by
state correctional agencies and bodies, including the Corrections
Standards Authority, 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 any
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.
SEC. 2. Section 1203.017 of the Penal Code is
amended to read:
1203.017. (a) Notwithstanding any other law, upon determination
by the correctional administrator that conditions in a jail facility
warrant the necessity of releasing sentenced inmates prior to them
serving the full amount of a given sentence due to lack of jail
space, the board of supervisors of any county may authorize the
correctional administrator to offer a program under which inmates
committed to a county jail or other county correctional facility or
granted probation, or inmates participating in a work furlough
program, may be required to participate in an involuntary home
detention program, which shall include electronic monitoring, 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. Under this program, one day of participation shall
be in lieu of one day of incarceration. Participants in the program
shall receive any sentence reduction credits that they would have
received had they served their sentences in a county correctional
facility.
(b) The board of supervisors may prescribe reasonable rules and
regulations under which an involuntary home detention program may
operate. The inmate 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 peace officer 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 use of electronic monitoring 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
which is to be used solely for the purposes of voice identification.
(4) 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 serve the balance of his or her sentence 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, or if the person for
any other reason no longer meets the established criteria under this
section.
(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.
(d) This section does not 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 any 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. All persons referred or
recommended by the court to participate in the home detention program
pursuant to subdivision (e) who are denied participation or all
persons 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 defendant's participation in a
home detention program.
(f) The correctional administrator may permit home detention
program participants 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 any 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) As used in this section, "correctional administrator" means
the sheriff, probation officer, or director of the county department
of corrections.
(h) (1) Notwithstanding any other law, the correctional
administrator shall provide the information specified in paragraph
(2) regarding persons on involuntary home detention to the
Corrections Standards Authority, and upon request, shall provide that
information to the law enforcement agency of a city or
unincorporated area where an office is located to which persons on
involuntary home detention report.
(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 placed on home
detention.
(D) Whether the participant successfully completed the prescribed
period of home detention or was returned to a county correctional
facility, and if the person was returned to a county correctional
facility, the reason for that return.
(E) The gender and ethnicity of the participant.
(3) Any 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.
(i) 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. A public or private
agency or entity shall not 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 as
established in Section 3004. A public or private agency or entity
entering into a contract shall not itself employ any 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 any available standards promulgated by
state correctional agencies and bodies, including the Corrections
Standards Authority, 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 any
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.
(j) Inmates participating in this program shall not be charged
fees or costs for the program.
(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.
SEC. 3. SEC. 2. Section 1203.018 of
the Penal Code is amended to read:
1203.018. (a) Notwithstanding any other law, this section shall
only apply to inmates being held in lieu of bail and on no other
basis.
(b) Notwithstanding any other law, the board of supervisors of any
county may authorize the correctional administrator, as defined in
paragraph (1) of subdivision (k), to offer a program under which
inmates being held in lieu of bail in a county jail or other county
correctional facility
may participate in an electronic monitoring program if the
conditions specified in subdivision (c) are met.
(c) (1) In order to qualify for participation in an electronic
monitoring program pursuant to this section, the inmate shall be an
inmate with no holds or outstanding warrants to whom one of the
following circumstances applies:
(A) The inmate has been held in custody for at least 30 calendar
days from the date of arraignment pending disposition of only
misdemeanor charges.
(B) The inmate has been held in custody pending disposition of
charges for at least 60 calendar days from the date of arraignment.
(C) The inmate is appropriate for the program based on a
determination by the correctional administrator that the inmate's
participation would be consistent with the public safety interests of
the community.
(2) All participants shall be subject to discretionary review for
eligibility and compliance by the correctional administrator
consistent with this section.
(d) The board of supervisors, after consulting with the sheriff
and district attorney, may prescribe reasonable rules and regulations
under which an electronic monitoring program pursuant to this
section may operate. As a condition of participation in the
electronic monitoring program, the participant shall give his or her
consent in writing to participate and shall agree in writing to
comply with the rules and regulations of the program, including, but
not limited to, all of the following:
(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 electronic monitoring may include global positioning
system devices or other supervising devices for the purpose of
helping to verify the participant's compliance with the rules and
regulations of the electronic monitoring program. The electronic
devices shall not be used to eavesdrop or record any conversation,
except a conversation between the participant and the person
supervising the participant to be used solely for the purposes of
voice identification.
(4) 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 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.
(5) A copy of the signed consent to participate and a copy of the
agreement to comply with the rules and regulations shall be provided
to the participant and a copy shall be retained by the correctional
administrator.
(e) The rules and regulations and administrative policy of the
program shall be reviewed on an annual basis by the county board of
supervisors and the correctional administrator. The rules and
regulations shall be given to every participant.
(f) 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.
(g) (1) 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 an
electronic monitoring 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 any reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.
(2) The correctional administrator, or his or her designee, shall
have discretionary authority consistent with this section to permit
program participation as an alternative to physical custody. All
persons approved by the correctional administrator to participate in
the electronic monitoring program pursuant to subdivision (c) who are
denied participation and all persons 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.
(h) The correctional administrator may permit electronic
monitoring program participants to seek and retain employment in the
community, attend psychological counseling sessions or educational or
vocational training classes, or seek medical and dental assistance.
(i) Willful failure of the program participant to return to the
place of home detention prior to the expiration of any 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 is punishable pursuant to Section
4532.
(j) The board of supervisors may prescribe a program
administrative fee to be paid by each electronic monitoring
participant.
(k) For purposes of this section, the following terms have the
following meanings:
(1) "Correctional administrator" means the sheriff, probation
officer, or director of the county department of corrections.
(2) "Electronic monitoring program" includes, but is not limited
to, home detention programs, work furlough programs, and work release
programs.
( l ) Notwithstanding any other law, upon request of a
local law enforcement agency with jurisdiction over the location
where a participant in an electronic monitoring program is placed,
the correctional administrator shall provide the following
information regarding participants in the electronic monitoring
program:
(1) The participant's name, address, and date of birth.
(2) The offense or offenses alleged to have been committed by the
participant.
(3) The period of time the participant will be placed on home
detention.
(4) Whether the participant successfully completed the prescribed
period of home detention or was returned to a county correctional
facility, and if the person was returned to a county correctional
facility, the reason for the return.
(5) The gender and ethnicity of the participant.
(6) Current and historical GPS coordinates, if available.
(m) A law enforcement agency that does not have the primary
responsibility to supervise participants in the electronic monitoring
program that receives information pursuant to subdivision (l) shall
not use the information to conduct enforcement actions based on
administrative violations of the home detention program. An agency
that has knowledge that the subject in a criminal investigation is a
participant in an electronic monitoring program shall make reasonable
efforts to notify the supervising agency prior to serving a warrant
or taking any law enforcement action against a participant in an
electronic monitoring program.
(n) It is the intent of the Legislature that electronic monitoring
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 an electronic monitoring program as
provided in this section pursuant to written contracts with
appropriate public or private agencies or entities to provide
specified program services. A public or private agency or entity
shall not operate a home detention program pursuant to this section
in any county without a written contract with that county's
correctional administrator. A public or private agency or entity
entering into a contract pursuant to this subdivision shall not
itself employ any person who is in the electronic monitoring program.
(2) Program participants shall undergo the normal booking process
for arrestees entering the jail. All electronic monitoring program
participants shall be supervised.
(3) (A) All privately operated electronic monitoring 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 specified in subparagraph (A) 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 any available standards and all state and
county laws applicable to the operation of electronic monitoring
programs and the supervision of offenders in an electronic monitoring
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 to 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.
(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 any
operations pursuant to the contract or at any time requested by the
board of supervisors or correctional administrator.
(v) A provision that requires an 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.
(vi) 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 electronic monitoring programs shall
comply with all 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
state or county laws or with the standards established by the
contract with the correctional administrator shall constitute cause
to terminate the contract.
(F) Upon the discovery that a private agency or entity with which
there is a contract is not in compliance with 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.
(H) For purposes of this section, "evidence of financial
responsibility" may include, but is not limited to, certified copies
of any of the following:
(i) A current liability insurance policy.
(ii) A current errors and omissions insurance policy.
(iii) A surety bond.
SEC. 4. SEC. 3. Section 2900.5 of
the Penal Code is amended to read:
2900.5. (a) In all felony and misdemeanor convictions, either by
plea or by verdict, when the defendant has been in custody,
including, but not limited to, any time spent in a jail, camp, work
furlough facility, halfway house, rehabilitation facility, hospital,
prison, juvenile detention facility, or similar residential
institution, all days of custody of the defendant, including days
served as a condition of probation in compliance with a court order,
credited to the period of confinement pursuant to Section 4019, and
days served in home detention pursuant to Section 1203.016 ,
1203.017, or 1203.018, shall be credited upon his or her
term of imprisonment, or credited to any fine, including, but not
limited to, base fines, on a proportional basis, that may be imposed,
at the rate of not less than thirty dollars ($30) per day, or more,
in the discretion of the court imposing the sentence. If the total
number of days in custody exceeds the number of days of the term of
imprisonment to be imposed, the entire term of imprisonment shall be
deemed to have been served. In any case where the court has imposed
both a prison or jail term of imprisonment and a fine, any days to be
credited to the defendant shall first be applied to the term of
imprisonment imposed, and thereafter the remaining days, if any,
shall be applied to the fine, including, but not limited to, base
fines, on a proportional basis.
(b) For the purposes of this section, credit shall be given only
where the custody to be credited is attributable to proceedings
related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of
custody attributable to multiple offenses for which a consecutive
sentence is imposed.
(c) For the purposes of this section, "term of imprisonment"
includes any period of imprisonment imposed as a condition of
probation or otherwise ordered by a court in imposing or suspending
the imposition of any sentence, and also includes any term of
imprisonment, including any period of imprisonment prior to release
on parole and any period of imprisonment and parole, prior to
discharge, whether established or fixed by statute, by any court, or
by any duly authorized administrative agency.
(d) It is the duty of the court imposing the sentence to determine
the date or dates of any admission to, and release from, custody
prior to sentencing and the total number of days to be credited
pursuant to this section. The total number of days to be credited
shall be contained in the abstract of judgment provided for in
Section 1213.
(e) It is the duty of any agency to which a person is committed to
apply the credit provided for in this section for the period between
the date of sentencing and the date the person is delivered to the
agency.
(f) If a defendant serves time in a camp, work furlough facility,
halfway house, rehabilitation facility, hospital, juvenile detention
facility, similar residential facility, or home detention program
pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of
imprisonment in a county jail, the time spent in these facilities or
programs shall qualify as mandatory time in jail.
(g) Notwithstanding any other provision of this code as it
pertains to the sentencing of convicted offenders, this section does
not authorize the sentencing of convicted offenders to any of the
facilities or programs mentioned herein.
SEC. 5. SEC. 4. Section 4019 of the
Penal Code is amended to read:
4019. (a) The provisions of this section shall apply in all of
the following cases:
(1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
(2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.
(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
(5) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp as part
of custodial sanction imposed following a violation of postrelease
community supervision or parole.
(6) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp as a
result of a sentence imposed pursuant to subdivision (h) of Section
1170.
(b) Subject to the provisions of subdivision (d), for each
four-day period in which a prisoner is confined in or committed to a
facility as specified in this section, one day shall be deducted from
his or her period of confinement unless it appears by the record
that the prisoner has refused to satisfactorily perform labor as
assigned by the sheriff, chief of police, or superintendent of an
industrial farm or road camp.
(c) For each four-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
(d) This section does not require the sheriff, chief of police, or
superintendent of an industrial farm or road camp to assign labor to
a prisoner if it appears from the record that the prisoner has
refused to satisfactorily perform labor as assigned or that the
prisoner has not satisfactorily complied with the reasonable rules
and regulations of the sheriff, chief of police, or superintendent of
any industrial farm or road camp.
(e) A deduction shall not be made under this section unless the
person is committed for a period of four days or longer.
(f) It is the intent of the Legislature that if all days are
earned under this section, a term of four days will be deemed to have
been served for every two days spent in actual custody.
(g) The changes in this section as enacted by the act that added
this subdivision shall apply to prisoners who are confined to a
county jail, city jail, industrial farm, or road camp for a crime
committed on or after the effective date of that act.
(h) The changes to this section enacted by the act that added this
subdivision shall apply prospectively and shall apply to prisoners
who are confined to a county jail, city jail, industrial farm, or
road camp for a crime committed on or after October 1, 2011. Any days
earned by a prisoner prior to October 1, 2011, shall be calculated
at the rate required by the prior law.
(i) This section shall not apply, and no credits may be earned,
for periods of flash incarceration imposed pursuant to Section
3000.08 or 3454.
(j) This section shall also apply to prisoners confined pursuant
to Section 1203.016 , 1203.017, or 1203.018 on or
after January 1, 2015. Any days earned prior to January 1, 2015,
shall be calculated at the rate specified by law applicable prior to
January 1, 2015.
SEC. 6. SEC. 5. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
