BILL NUMBER: AB 1369 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 10, 2010
AMENDED IN SENATE AUGUST 2, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE MAY 26, 2010
AMENDED IN SENATE JULY 14, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Davis
FEBRUARY 27, 2009
An act to amend, repeal, and add Sections 1208.2, 2900.5, and 4532
of, and to add and repeal Sections 1203.018, 1203.019 and 1269d of,
the Penal Code, relating to electronic monitoring.
LEGISLATIVE COUNSEL'S DIGEST
AB 1369, as amended, Davis. Inmates: electronic monitoring.
Existing law provides that the board of supervisors of any county
may authorize the correctional administrator to offer a program under
which minimum security inmates and low-risk 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 in a home detention program. Existing law
also provides that the 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, offer a program under which
specified inmates may be required to participate in an involuntary
home detention program.
This bill would provide that, until January 1, 2015, upon
determination of the correctional administrator that conditions in a
jail facility warrant the necessity of releasing inmates being held
in lieu of bail, the board of supervisors of any county may authorize
the correctional administrator to offer a program under which these
inmates may be placed in an electronic monitoring program, as
specified. The bill would provide separate authority for voluntary
and involuntary electronic monitoring programs. The bill would
establish criteria for inmates to be eligible for programs
established pursuant to its provisions and would specify
circumstances under which inmates may be placed in these programs.
The bill would also provide that defendants arrested for a bailable
offense who are without any other warrant and who meet certain
criteria may apply, after 10 court days from the date of arraignment,
for release on reduced bail if the defendant agrees to be placed in
the voluntary electronic monitoring program and the court and
correctional administrator determine that the defendant is eligible
to participate in the electronic monitoring program. The bill would
make it a misdemeanor for any inmate who is a participant in an
electronic monitoring program to fail to comply with the prescribed
rules and regulations. By creating a new crime, this bill would
impose a state-mandated local program. The bill would specify, for
persons pending disposition of charges, that electronic monitoring
programs authorized pursuant to this bill include, but are not
limited to, home detention programs, work furlough programs, and work
release programs. The bill would make other conforming changes.
Existing law provides for an administrative fee for specified work
furlough and voluntary electronic home detention program
participants.
This bill would include participants in the voluntary electronic
monitoring program for persons pending disposition of charges, and
the existing voluntary home detention program, within the coverage of
those administrative fee provisions, as specified.
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 no reimbursement is required by this
act for a specified reason.
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 1203.018 is added to the Penal Code, 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. This section shall only apply if the correctional
administrator of a county, as defined in paragraph (1) of subdivision
(j), makes a determination that conditions in a jail facility
warrant the necessity of releasing inmates being held in lieu of bail
due to a lack of jail space and a court-ordered jail population cap.
(b) Notwithstanding any other law, the board of supervisors of any
county may authorize the correctional administrator, as defined in
paragraph (1) of subdivision (j), to offer a program under which
inmates being held in lieu of bail in a county jail or other county
correctional facility may voluntarily participate in an electronic
monitoring program if the conditions specified in subdivision (a) are
met.
(c) (1) In order to qualify for participation in an electronic
monitoring program pursuant to this section, the inmate must be a
minimum security inmate with no holds or outstanding warrants and one
of the following circumstances must exist:
(A) A magistrate has approved the electronic monitoring release
pursuant to Section 1269d.
(B) The inmate has been held in custody for at least 30 calendar
days from the date of arraignment pending disposition of only
misdemeanor charges.
(C) The inmate has been held in custody pending disposition of
charges for at least 60 calendar days from the date of arraignment.
(2) All participants shall be subject to discretionary review by
the correctional administrator consistent with this section.
(d) The county 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) If released pursuant to subparagraph (A) of paragraph (1) of
subdivision (c), the participant shall post bond prior to being
placed on electronic monitoring.
(4) 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 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 to be used solely for the purposes of voice
identification.
(5) 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.
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 court 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.
Willful failure of the program participant to return to the place of
home detention 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 subdivision
(c) of Section 4532.
(i) The board of supervisors may prescribe a program
administrative fee to be paid by each electronic monitoring
participant. If the participant's release is authorized pursuant to
Section 1269d, the participant, or the designated bail agent, or
both, shall pay any authorized fee. participant.
(j) 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.
(3) "Minimum security inmate" means an inmate who, by established
local classification criteria, would be eligible for placement in a
Type IV local detention facility, as described in Title 15 of the
California Code of Regulations.
(k) 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.
(l) Any information received by a law enforcement agency pursuant
to subdivision (k) shall be used only for the purpose of monitoring
the impact of home electronic monitoring programs on the community.
(m) 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 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.
(n) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. Section 1203.019 is added to the Penal Code, to read:
1203.019. (a) Notwithstanding any other provision of law, this
section shall only apply to inmates being held in lieu of bail and on
no other basis. This section shall only apply if the correctional
administrator of a county, as defined in paragraph (1) of subdivision
(j), makes a determination that conditions in a jail facility
warrant the necessity of releasing inmates being held in lieu of bail
due to a lack of jail space or due to a current or impending
court-ordered jail population cap.
(b) Notwithstanding any other law, the board of supervisors of any
county may authorize the correctional administrator, as defined in
paragraph (1) of subdivision (j), to establish a program under which
inmates being held in lieu of bail in a county jail or other county
correctional facility may be required to participate in an electronic
monitoring program if the conditions specified in subdivision (a)
are met.
(c) (1) In order to qualify for participation in an electronic
monitoring program pursuant to this section, the inmate must be a
minimum security inmate with no holds or outstanding warrants and one
of the following circumstances must exist:
(A) The inmate has been in held 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.
(2) All participants shall be subject to discretionary review by
the correctional administrator consistent with this section.
(d) The county board of supervisors may prescribe reasonable rules
and regulations under which an electronic monitoring program may
operate. The participant shall be informed in writing of 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 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 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 or if the person for any other
reason no longer meets the established criteria under this section.
(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 place a person 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 place
inmates pursuant to this section as an alternative to physical
custody. All persons removed from program participation shall be
notified in writing of the specific reasons for the removal. The
notice of 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.
Willful failure of the program participant to return to the place of
home detention 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 subdivision
(c) of Section 4532.
(i) Persons participating in this program shall not be charged
fees or costs for the program.
(j) 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.
(3) "Minimum security inmate" means an inmate who, by established
local classification criteria, would be eligible for placement in a
Type IV local detention facility, as described in Title 15 of the
California Code of Regulations.
(k) 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.
(l) Any information received by a law enforcement agency pursuant
to subdivision (k) shall be used only for the purpose of monitoring
the impact of home electronic monitoring programs on the community.
(m) 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 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 sentenced 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 and 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.
(n) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 3. Section 1208.2 of the Penal Code is amended to read:
1208.2. (a) (1) This section shall apply to individuals
authorized to participate in a work furlough program pursuant to
Section 1208, or to individuals authorized to participate in an
electronic home detention program pursuant to Section 1203.016 or
1203.018, or to individuals authorized to participate in a county
parole program pursuant to Article 3.5 (commencing with Section 3074)
of Chapter 8 of Title 1 of Part 3.
(2) As used in this section, as appropriate, "administrator" means
the sheriff, probation officer, director of the county department of
corrections, or county parole administrator.
(b) (1) A board of supervisors which implements programs
identified in paragraph (1) of subdivision (a), may prescribe a
program administrative fee and an application fee, that together
shall not exceed the pro rata cost of the program to which the person
is accepted, including equipment, supervision, and other operating
costs, except as provided in paragraph (2).
(2) With regard to a privately operated electronic home detention
program pursuant to Section 1203.016 or 1203.018, the limitation,
described in paragraph (1), in prescribing a program administrative
fee and application fee shall not apply.
(c) The correctional administrator, or his or her designee, shall
not have access to a person's financial data prior to granting or
denying a person's participation in, or assigning a person to, any of
the programs governed by this section.
(d) The correctional administrator, or his or her designee, shall
not consider a person's ability or inability to pay all or a portion
of the program fee for the purposes of granting or denying a person's
participation in, or assigning a person to, any of the programs
governed by this section.
(e) For purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing supervision and shall include, but shall
not be limited to, consideration of all of the following factors:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the administrator, or his or her designee, consider a period of
more than six months from the date of acceptance into the program
for purposes of determining reasonably discernible future financial
position.
(3) Likelihood that the person shall be able to obtain employment
within the six-month period from the date of acceptance into the
program.
(4) Any other factor that may bear upon the person's financial
capability to reimburse the county for the fees fixed pursuant to
subdivision (b).
(f) The administrator, or his or her designee, may charge a person
the fee set by the board of supervisors or any portion of the fee
and may determine the method and frequency of payment. Any fee the
administrator, or his or her designee, charges pursuant to this
section shall not in any case be in excess of the fee set by the
board of supervisors and shall be based on the person's ability to
pay. The administrator, or his or her designee, shall have the option
to waive the fees for program supervision when deemed necessary,
justified, or in the interests of justice. The fees charged for
program supervision may be modified or waived at any time based on
the changing financial position of the person. All fees paid by
persons for program supervision shall be deposited into the general
fund of the county.
(g) No person shall be denied consideration for, or be removed
from, participation in any of the programs to which this section
applies because of an inability to pay all or a portion of the
program supervision fees. At any time during a person's sentence, the
person may request that the administrator, or his or her designee,
modify or suspend the payment of fees on the grounds of a change in
circumstances with regard to the person's ability to pay.
(h) If the person and the administrator, or his or her designee,
are unable to come to an agreement regarding the person's ability to
pay, or the amount which is to be paid, or the method and frequency
with which payment is to be made, the administrator, or his or her
designee, shall advise the appropriate court of the fact that the
person and administrator, or his or her designee, have not been able
to reach agreement and the court shall then resolve the disagreement
by determining the person's ability to pay, the amount which is to be
paid, and the method and frequency with which payment is to be made.
(i) At the time a person is approved for any of the programs to
which this section applies, the administrator, or his or her
designee, shall furnish the person a written statement of the person'
s rights in regard to the program for which the person has been
approved, including, but not limited to, both of the following:
(1) The fact that the person cannot be denied consideration for or
removed from participation in the program because of an inability to
pay.
(2) The fact that if the person is unable to reach agreement with
the administrator, or his or her designee, regarding the person's
ability to pay, the amount which is to be paid, or the manner and
frequency with which payment is to be made, that the matter shall be
referred to the court to resolve the differences.
(j) In all circumstances where a county board of supervisors has
approved a program administrator, as described in Section 1203.016,
1203.018, or 1208, to enter into a contract with a private agency or
entity to provide specified program services, the program
administrator shall ensure that the provisions of this section are
contained within any contractual agreement for this purpose. All
privately operated home detention programs shall comply with all
appropriate, applicable ordinances and regulations specified in
subdivision (a) of Section 1208.
(k) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 4. Section 1208.2 is added to the Penal Code, to read:
1208.2. (a) (1) This section shall apply to individuals
authorized to participate in a work furlough program pursuant to
Section 1208, or to individuals authorized to participate in an
electronic home detention program pursuant to Section 1203.016, or to
individuals authorized to participate in a county parole program
pursuant to Article 3.5 (commencing with Section 3074) of Chapter 8
of Title 1 of Part 3.
(2) As used in this section, as appropriate, "administrator" means
the sheriff, probation officer, director of the county department of
corrections, or county parole administrator.
(b) (1) A board of supervisors which implements programs
identified in paragraph (1) of subdivision (a), may prescribe a
program administrative fee and an application fee, that together
shall not exceed the pro rata cost of the program to which the person
is accepted, including equipment, supervision, and other operating
costs, except as provided in paragraph (2).
(2) With regard to a privately operated electronic home detention
program pursuant to Section 1203.016, the limitation, described in
paragraph (1), in prescribing a program administrative fee and
application fee shall not apply.
(c) The correctional administrator, or his or her designee, shall
not have access to a person's financial data prior to granting or
denying a person's participation in, or assigning a person to, any of
the programs governed by this section.
(d) The correctional administrator, or his or her designee, shall
not consider a person's ability or inability to pay all or a portion
of the program fee for the purposes of granting or denying a person's
participation in, or assigning a person to, any of the programs
governed by this section.
(e) For purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing supervision and shall include, but shall
not be limited to, consideration of all of the following factors:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the administrator, or his or her designee, consider a period of
more than six months from the date of acceptance into the program
for purposes of determining reasonably discernible future financial
position.
(3) Likelihood that the person shall be able to obtain employment
within the six-month period from the date of acceptance into the
program.
(4) Any other factor that may bear upon the person's financial
capability to reimburse the county for the fees fixed pursuant to
subdivision (b).
(f) The administrator, or his or her designee, may charge a person
the fee set by the board of supervisors or any portion of the fee
and may determine the method and frequency of payment. Any fee the
administrator, or his or her designee, charges pursuant to this
section shall not in any case be in excess of the fee set by the
board of supervisors and shall be based on the person's ability to
pay. The administrator, or his or her designee, shall have the option
to waive the fees for program supervision when deemed necessary,
justified, or in the interests of justice. The fees charged for
program supervision may be modified or waived at any time based on
the changing financial position of the person. All fees paid by
persons for program supervision shall be deposited into the general
fund of the county.
(g) No person shall be denied consideration for, or be removed
from, participation in any of the programs to which this section
applies because of an inability to pay all or a portion of the
program supervision fees. At any time during a person's sentence, the
person may request that the administrator, or his or her designee,
modify or suspend the payment of fees on the grounds of a change in
circumstances with regard to the person's ability to pay.
(h) If the person and the administrator, or his or her designee,
are unable to come to an agreement regarding the person's ability to
pay, or the amount which is to be paid, or the method and frequency
with which payment is to be made, the administrator, or his or her
designee, shall advise the appropriate court of the fact that the
person and administrator, or his or her designee, have not been able
to reach agreement and the court shall then resolve the disagreement
by determining the person's ability to pay, the amount which is to be
paid, and the method and frequency with which payment is to be made.
(i) At the time a person is approved for any of the programs to
which this section applies, the administrator, or his or her
designee, shall furnish the person a written statement of the person'
s rights in regard to the program for which the person has been
approved, including, but not limited to, both of the following:
(1) The fact that the person cannot be denied consideration for or
removed from participation in the program because of an inability to
pay.
(2) The fact that if the person is unable to reach agreement with
the administrator, or his or her designee, regarding the person's
ability to pay, the amount which is to be paid, or the manner and
frequency with which payment is to be made, that the matter shall be
referred to the court to resolve the differences.
(j) In all circumstances where a county board of supervisors has
approved a program administrator, as described in Sections 1203.016
and 1208, to enter into a contract with a private agency or entity to
provide specified program services, the program administrator shall
ensure that the provisions of this section are contained within any
contractual agreement for this purpose. All privately operated home
detention programs shall comply with all appropriate, applicable
ordinances and regulations specified in subdivision (a) of Section
1208.
(k) This section shall become operative on January 1, 2015.
SEC. 5. 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, 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 for
release on bail reduced by up to 75 percent of the amount of the
defendant's bail.
(b) A court may reduce a defendant's bail by up to 75 percent
pursuant to this section only if a 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.
(c) Nothing in this section is intended to affect the provisions
of Section 1305.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 6. 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,
days credited to the period of confinement pursuant to Section 4019,
and days served in home detention pursuant to Section 1203.018 or
1203.019, shall be credited upon his or her term of imprisonment, or
credited to any fine on a proportional basis, including, but not
limited to, base fines and restitution fines, which 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 on a proportional basis, including, but
not limited to, base fines and restitution fines.
(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 shall be 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 shall be 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, 1203.018, or 1203.019 in lieu
of imprisonment in a county jail, and the statute under which the
defendant is sentenced requires a mandatory minimum period of time in
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, nothing in this
section is to be construed as authorizing the sentencing of convicted
offenders to any of the facilities or programs mentioned herein.
(h) This section shall become operative on January 1, 1999.
(i) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 7. Section 2900.5 is added to the Penal Code, 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,
and including days credited to the period of confinement pursuant to
Section 4019, shall be credited upon his or her term of imprisonment,
or credited to any fine on a proportional basis, including, but not
limited to, base fines and restitution fines, which 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 on a proportional basis, including, but
not limited to, base fines and restitution fines.
(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 shall be 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 shall be 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 in
lieu of imprisonment in a county jail, and the statute under which
the defendant is sentenced requires a mandatory minimum period of
time in jail, the time spent in these facilities or programs shall
qualify as mandatory time in jail.
(g) Notwithstanding any other provision sentencing of convicted
offenders, nothing as authorizing the sentencing of convicted or
programs mentioned herein.
(h) This section shall become operative on January 1, 2015.
SEC. 8. Section 4532 of the Penal Code is amended to read:
4532. (a) (1) Every prisoner arrested and booked for, charged
with, or convicted of a misdemeanor, and every person committed under
the terms of Section 5654, 5656, or 5677 of the Welfare and
Institutions Code as an inebriate, who is confined in any county or
city jail, prison, industrial farm, or industrial road camp, is
engaged on any county road or other county work, is in the lawful
custody of any officer or person, is employed or continuing in his or
her regular educational program or authorized to secure employment
or education away from the place of confinement, pursuant to the
Cobey Work Furlough Law (Section 1208), is authorized for temporary
release for family emergencies or for purposes preparatory to his or
her return to the community pursuant to Section 4018.6, or is a
participant in a home detention program pursuant to Section 1203.016,
and who thereafter escapes or attempts to escape from the county or
city jail, prison, industrial farm, or industrial road camp or from
the custody of the officer or person in charge of him or her while
engaged in or going to or returning from the county work or from the
custody of any officer or person in whose lawful custody he or she
is, or from the place of confinement in a home detention program
pursuant to Section 1203.016, is guilty of a felony and, if the
escape or attempt to escape was not by force or violence, is
punishable by imprisonment in the state prison for a determinate term
of one year and one day, or in a county jail not exceeding one year.
(2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for two, four, or six
years to be served consecutively, or in a county jail not exceeding
one year. When the second term of imprisonment is to be served in a
county jail, it shall commence from the time the prisoner otherwise
would have been discharged from jail.
(3) A conviction of a violation of this subdivision, or a
violation of subdivision (b) involving a participant of a home
detention program pursuant to Section 1203.016, that is not committed
by force or violence, shall not be charged as a prior felony
conviction in any subsequent prosecution for a public offense.
(b) (1) Every prisoner arrested and booked for, charged with, or
convicted of a felony, and every person committed by order of the
juvenile court, who is confined in any county or city jail, prison,
industrial farm, or industrial road camp, is engaged on any county
road or other county work, is in the lawful custody of any officer or
person, or is confined pursuant to Section 4011.9, is a participant
in a home detention program pursuant to Section 1203.016, who escapes
or attempts to escape from a county or city jail, prison, industrial
farm, or industrial road camp or from the custody of the officer or
person in charge of him or her while engaged in or going to or
returning from the county work or from the custody of any officer or
person in whose lawful custody he or she is, or from confinement
pursuant to Section 4011.9, or from the place of confinement in a
home detention program pursuant to Section 1203.016, is guilty of a
felony and, if the escape or attempt to escape was not by force or
violence, is punishable by imprisonment in the state prison for 16
months, two years, or three years, to be served consecutively, or in
a county jail not exceeding one year.
(2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for a full term of
two, four, or six years to be served consecutively to any other term
of imprisonment, commencing from the time the person otherwise would
have been released from imprisonment and the term shall not be
subject to reduction pursuant to subdivision (a) of Section 1170.1,
or in a county jail for a consecutive term not to exceed one year,
that term to commence from the time the prisoner otherwise would have
been discharged from jail.
(c) Notwithstanding any other law, every prisoner who is a
participant in an electronic monitoring program pursuant to Section
1203.018 or 1203.019 who willfully fails to comply with the
prescribed rules and regulations of that program is guilty of a
misdemeanor.
(d) (1) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a felony
offense under this section in that he or she escaped or attempted to
escape from a secure main jail facility, from a court building, or
while being transported between the court building and the jail
facility.
(2) In any case in which a person is convicted of a violation of
this section designated as a misdemeanor, he or she shall be confined
in a county jail for not less than 90 days nor more than one year
except in unusual cases where the interests of justice would best be
served by the granting of probation.
(3) For the purposes of this subdivision, "main jail facility"
means the facility used for the detention of persons pending
arraignment, after arraignment, during trial, and upon sentence or
commitment. The facility shall not include an industrial farm,
industrial road camp, work furlough facility, or any other nonsecure
facility used primarily for sentenced prisoners. As used in this
subdivision, "secure" means that the facility contains an outer
perimeter characterized by the use of physically restricting
construction, hardware, and procedures designed to eliminate ingress
and egress from the facility except through a closely supervised gate
or doorway.
(4) If the court grants probation under this subdivision, it shall
specify the reason or reasons for that order on the court record.
(5) Any sentence imposed under this subdivision shall be served
consecutive to any other sentence in effect or pending.
(e) The willful failure of a prisoner, whether convicted of a
felony or a misdemeanor, to return to his or her place of confinement
no later than the expiration of the period that he or she was
authorized to be away from that place of confinement, is an escape
from that place of confinement. This subdivision applies to a
prisoner who is employed or continuing in his or her regular
educational program, authorized to secure employment or education
pursuant to the Cobey Work Furlough Law (Section 1208), authorized
for temporary release for family emergencies or for purposes
preparatory to his or her return to the community pursuant to Section
4018.6, or permitted to participate in a home detention program
pursuant to Section 1203.016. A prisoner convicted of a misdemeanor
who willfully fails to return to his or her place of confinement
under this subdivision shall be punished as provided in paragraph (1)
of subdivision (a). A prisoner convicted of a felony who willfully
fails to return to his
or her place of confinement shall be punished as provided in
paragraph (1) of subdivision (b).
(f) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 9. Section 4532 is added to the Penal Code, to read:
4532. (a) (1) Every prisoner arrested and booked for, charged
with, or convicted of a misdemeanor, and every person committed under
the terms of Section 5654, 5656, or 5677 of the Welfare and
Institutions Code as an inebriate, who is confined in any county or
city jail, prison, industrial farm, or industrial road camp, is
engaged on any county road or other county work, is in the lawful
custody of any officer or person, is employed or continuing in his or
her regular educational program or authorized to secure employment
or education away from the place of confinement, pursuant to the
Cobey Work Furlough Law (Section 1208), is authorized for temporary
release for family emergencies or for purposes preparatory to his or
her return to the community pursuant to Section 4018.6, or is a
participant in a home detention program pursuant to Section 1203.016,
and who thereafter escapes or attempts to escape from the county or
city jail, prison, industrial farm, or industrial road camp or from
the custody of the officer or person in charge of him or her while
engaged in or going to or returning from the county work or from the
custody of any officer or person in whose lawful custody he or she
is, or from the place of confinement in a home detention program
pursuant to Section 1203.016, is guilty of a felony and, if the
escape or attempt to escape was not by force or violence, is
punishable by imprisonment in the state prison for a determinate term
of one year and one day, or in a county jail not exceeding one year.
(2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for two, four, or six
years to be served consecutively, or in a county jail not exceeding
one year. When the second term of imprisonment is to be served in a
county jail, it shall commence from the time the prisoner otherwise
would have been discharged from jail.
(3) A conviction of a violation of this subdivision, or a
violation of subdivision (b) involving a participant of a home
detention program pursuant to Section 1203.016, that is not committed
by force or violence, shall not be charged as a prior felony
conviction in any subsequent prosecution for a public offense.
(b) (1) Every prisoner arrested and booked for, charged with, or
convicted of a felony, and every person committed by order of the
juvenile court, who is confined in any county or city jail, prison,
industrial farm, or industrial road camp, is engaged on any county
road or other county work, is in the lawful custody of any officer or
person, or is confined pursuant to Section 4011.9, is a participant
in a home detention program pursuant to Section 1203.016, who escapes
or attempts to escape from a county or city jail, prison, industrial
farm, or industrial road camp or from the custody of the officer or
person in charge of him or her while engaged in or going to or
returning from the county work or from the custody of any officer or
person in whose lawful custody he or she is, or from confinement
pursuant to Section 4011.9, or from the place of confinement in a
home detention program pursuant to Section 1203.016, is guilty of a
felony and, if the escape or attempt to escape was not by force or
violence, is punishable by imprisonment in the state prison for 16
months, two years, or three years, to be served consecutively, or in
a county jail not exceeding one year.
(2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for a full term of
two, four, or six years to be served consecutively to any other term
of imprisonment, commencing from the time the person otherwise would
have been released from imprisonment and the term shall not be
subject to reduction pursuant to subdivision (a) of Section 1170.1,
or in a county jail for a consecutive term not to exceed one year,
that term to commence from the time the prisoner otherwise would have
been discharged from jail.
(c) (1) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a felony
offense under this section in that he or she escaped or attempted to
escape from a secure main jail facility, from a court building, or
while being transported between the court building and the jail
facility.
(2) In any case in which a person is convicted of a violation of
this section designated as a misdemeanor, he or she shall be confined
in a county jail for not less than 90 days nor more than one year
except in unusual cases where the interests of justice would best be
served by the granting of probation.
(3) For the purposes of this subdivision, "main jail facility"
means the facility used for the detention of persons pending
arraignment, after arraignment, during trial, and upon sentence or
commitment. The facility shall not include an industrial farm,
industrial road camp, work furlough facility, or any other nonsecure
facility used primarily for sentenced prisoners. As used in this
subdivision, "secure" means that the facility contains an outer
perimeter characterized by the use of physically restricting
construction, hardware, and procedures designed to eliminate ingress
and egress from the facility except through a closely supervised gate
or doorway.
(4) If the court grants probation under this subdivision, it shall
specify the reason or reasons for that order on the court record.
(5) Any sentence imposed under this subdivision shall be served
consecutive to any other sentence in effect or pending.
(d) The willful failure of a prisoner, whether convicted of a
felony or a misdemeanor, to return to his or her place of confinement
no later than the expiration of the period that he or she was
authorized to be away from that place of confinement, is an escape
from that place of confinement. This subdivision applies to a
prisoner who is employed or continuing in his or her regular
educational program, authorized to secure employment or education
pursuant to the Cobey Work Furlough Law (Section 1208), authorized
for temporary release for family emergencies or for purposes
preparatory to his or her return to the community pursuant to Section
4018.6, or permitted to participate in a home detention program
pursuant to Section 1203.016. A prisoner convicted of a misdemeanor
who willfully fails to return to his or her place of confinement
under this subdivision shall be punished as provided in paragraph (1)
of subdivision (a). A prisoner convicted of a felony who willfully
fails to return to his or her place of confinement shall be punished
as provided in paragraph (1) of subdivision (b).
(e) This section shall become operative January 1, 2015.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.