BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1369| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1369 Author: Davis (D) Amended: 8/2/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/7/09 AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg, Wright SENATE PUBLIC SAFETY COMMITTEE : 5-1, 6/29/10 AYES: Leno, Cedillo, Hancock, Steinberg, Wright NOES: Cogdill NO VOTE RECORDED: Huff SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 79-0, 5/26/09 - See last page for vote SUBJECT : Electronic monitoring on home detention: inmates held in jail in lieu of bail SOURCE : Los Angeles County Sheriffs Department DIGEST : This bill enacts home detention programs for qualified persons held in county jail in lieu of bail, as specified. ANALYSIS : Existing law provides that the board of supervisors of any county may authorize the correctional CONTINUED AB 1369 Page 2 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 provides 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. This bill provides separate authority for voluntary and involuntary electronic monitoring programs. This bill establishes criteria for inmates to be eligible for programs established pursuant to its provisions and specifies circumstances under which inmates may be placed in these programs. This bill also provides 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. This bill makes 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. This bill specifies, 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. This bill makes other conforming changes. AB 1369 Page 3 Existing law provides for an administrative fee for specified work furlough and voluntary electronic home detention program participants. This bill includes 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/3/10) Los Angeles County Sheriff's Department (source) California Bail Agents Association (as proposed to be amended) Crime Victims United of California Golden State Bail Agents Association (as proposed to be amended) Los Angeles County Board of Supervisors ARGUMENTS IN SUPPORT : The author states: "Based on the lack of space in the county jail system, a Federal Court has placed a mandatory cap on the number of inmates in the system ( Rutherford v. Block ). To adhere to the cap, the Sheriff's Department has reduced the percentage of time served by inmates committed to county jail. The Sheriff [sic] Department offered the voluntary electronic monitoring program and in 2007 ran Senate Bill 959 (Romero and Runner) to create an involuntary home detention electronic monitoring program, which has been very successful. Approximately 1500 inmates are currently on some form of Home Electronic Monitoring, up from 437 in 2007. Prior to SB 959, inmates were spending an average of 10% of their sentence in jail before being released early due to overcrowding. Now, male inmates are doing approximately 75% of their sentence. "Existing law provides that the county board of supervisors of any county may offer a program under which AB 1369 Page 4 specified inmates may be required to participate in an involuntary home detention program 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. Existing law also provides specified punishments for the escape or attempted escape from various confinements, including the place of confinement pursuant to a voluntary home detention program. "To confront the lack of space in California's County Jail System, AB 1369 would do two things. First it will allow the Sheriff (correctional administrator) to place on electronic home detention those inmates sentenced to low level felonies to be allowed to be placed on home electronic monitoring, if found eligible pursuant to current law." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass NO VOTE RECORDED: Garrick RJG:mw 8/3/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****