Bill Text: CA SB968 | 2011-2012 | Regular Session | Amended
Bill Title: Inmates: electronic monitoring.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB968 Detail]
Download: California-2011-SB968-Amended.html
BILL NUMBER: SB 968 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2012
INTRODUCED BY Senator Wright
( Coauthor: Senator Price
)
(Coauthors: Assembly Members Bradford and Ma)
JANUARY 13, 2012
An act to amend Section 1203.018 of, and to add
Section 1269d to, the to the Penal
Code, relating to electronic monitoring, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 968, as amended, Wright. Inmates: electronic monitoring.
Existing law authorizes the board of supervisors of any county to
authorize the correctional administrator, as defined, to offer a
program under which only 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 inmate is not the subject of
a hold or an outstanding warrant and any one of certain conditions
are met.
This bill would also authorize this program to apply to
inmates eligible for bail and add as one of the conditions of
eligibility for the program that the magistrate has approved the
electronic monitoring release, as provided. The This
bill would authorize a defendant arrested without a warrant for
a bailable offense and who meets certain criteria
that is a felony punishable in a county jail to apply
, after 10 court days from the date of arraignment,
for release on a reduced bail if the defendant agrees to be
placed in the an electronic monitoring
program , and the magistrate and the correctional
administrator determine that the defendant is eligible to participate
in the program administered by the county-
authorized correctional administrator .
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 eligible for bail or 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 eligible for bail or 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 must 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) A magistrate has approved the electronic monitoring release
pursuant to Section 1269d.
(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) If released pursuant to Section 1269d, the name, address, and
contact information of any bail agent or surety.
(m) Any information received by a law enforcement agency pursuant
to subdivision ( l ) shall be used only for the purpose of
monitoring the impact of home electronic monitoring programs in the
community.
(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. No public or private agency or entity may
operate a home detention program pursuant to this section in any
county without a written contract with that county's correctional
administrator. No public or private agency or entity entering into a
contract pursuant to this subdivision may 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. 2. SECTION 1. Section 1269d is
added to the Penal Code, to read:
1269d. (a) Notwithstanding any other provision of law, if a
defendant is arrested without a warrant for a bailable offense
and meets the criteria specified in paragraph (1) of
subdivision (c) of Section 1203.018 , punishable by
imprisonment pursuant to subdivision (h) of Section 1170 , he
or she may, either personally or through his or her attorney
, friend, or family member , make an application to the
magistrate after 10 court days from the date of arraignment
at the preliminary hearing, or anytime thereafter,
for release on bail reduced by up to 75 percent of the amount
of the defendant's bail if the defendant agrees to be placed in
an electronic monitoring program administered by the county-
authorized correctional administrator .
(b) A court may
reduce the defendant's bail by up to 75 percent pursuant to this
section only if the defendant is placed in an electronic monitoring
program authorized by a county board of supervisors pursuant to
Section 1203.018, and the court and correctional administrator make
determinations that the defendant is eligible to participate in an
electronic monitoring program as defined in Section 1203.018.
(b) If the defendant is released pursuant to this section,
the name, address, and contact information of any applicable bail
agent or surety shall be provided to the court and the correctional
administrator responsible for providing the electronic monitoring
program.
SEC. 3. SEC. 2. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to implement prison realignment, reduce prison costs, and
clarify those who are eligible for release for electronic monitoring
as soon as possible, it is necessary that this act take effect
immediately.
