BILL ANALYSIS
SB 1266
Page 1
SENATE THIRD READING
SB 1266 (Liu)
As Amended August 18, 2010
Majority vote
SENATE VOTE :22-6
PUBLIC SAFETY 4-2 APPROPRIATIONS 10-5
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|Ayes:|Ammiano, Beall, Hill, |Ayes:|Fuentes, Bradford, |
| |Yamada | |Charles Calderon, Coto, |
| | | |Davis, De Leon, Hall, |
| | | |Skinner, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Gilmore |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Authorized the Secretary of the California Department
of Corrections and Rehabilitation (CDCR) to create alternative
custody programs for specified inmates, including female
inmates, pregnant inmates, or inmates who were the primary
caregiver immediately prior to incarceration. Specifically,
this bill :
1)Specifies that female inmates, pregnant inmates, or inmates
who were the primary caregiver immediately prior to
incarceration, who have been committed to state prison may be
allowed to participate in a voluntary alternative custody
program. Credits will be awarded and lost in the same manner
as if the inmate were incarcerated in a state prison.
2)Authorized CDCR to contract with county agencies,
not-for-profit organizations, for-profit organizations and
others to promote alternative custody placements.
3)Specifies that alternative custody programs include, but are
not limited to, confinement during specified hours to a
residential home, a residential drug treatment program, or a
transition care facility that offers appropriate services.
4)States that only inmates sentenced to a determinate sentence,
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as specified, are eligible for the alternative custody
program.
5)States that specific inmates are not eligible for the
alternative custody program. Specifically, an inmate is not
eligible if he or she:
a) Has a current or prior conviction for a violent or
serious felony, as specified;
b) Has a current or prior conviction that requires the
individual to register as a sex offender;
c) Has been screened by CDCR using a validated risk
assessment tool and is determined to pose a high risk to
commit a violent offense; or,
d) Has a history of escape from a facility while under
juvenile or adult custody, within the last 10 years.
6)Specifies that the alternative custody program shall include
the use of global position system (GPS) devices to assisting
in verifying the participants' compliance with the rule and
regulations of the program. The devices shall not be used to
eavesdrop or record any conversation, except between the
participant and the person monitoring the participant, and
then shall only be used for purposed of voice identification.
7)Requires CDCR to create an individualized treatment and
rehabilitation program of evidence-based programs and services
to aid in the successful reentry into society for each inmate,
which the inmate must agree to and fully participate in.
8)Requires CDCR to collaborate with local law enforcement and
community-based programs that administer evidence-based
practices in order to prevent recidivism among individuals
placed in the alternative custody program. Mandatory case
management services shall be provided to support
rehabilitation, and to track the progress and individualized
treatment plan compliance of the inmate.
9)Defines "evidence-based programs" as supervision policies,
procedures programs and practices demonstrated by scientific
research to reduce recidivism among individuals under
probation, parole, or post-release supervision.
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10)Requires the Secretary of CDCR to prescribe reasonable rules
and regulations under which the alternative custody program
shall operate. Rules include, but are not limited to:
a) The participant shall remain within the interior
premises of his or her residence during the hours
designated by the Secretary or his or her designee;
b) The participant is subject to search and seizure by a
peace officer at any time with or without cause. The
participant must admit any peace officer into the
participant's residence to ensure the participant's
compliance with the conditions of his or her detention.
These terms must agree to these terms in writing prior to
participation in the alternative custody program; and,
c) The Secretary or his or her designee may immediately
retake the participant into custody to serve the remainder
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
detention, if the participant fails to remain within the
place of detention as stipulated in the agreement, or if
the participant for any other reason no longer meets the
established criteria under this section.
11)Specifies that a peace officer may under general or specific
authorization from the Secretary or his or her designee,
without warning of arrest, may retake the participant into
custody to complete the remainder of his or her original
sentence if the officer has reasonable suspicion that the
participant is not complying with the rule or regulations of
the program, or that the electronic monitoring devices are
unable to function properly in the designated place of
confinement.
12)Clarifies that there is no requirement that the Secretary
allow an inmate to participate in an alternative custody
program if it appears from the record that the inmate has not
satisfactorily complied with reasonable rules and regulations
while in custody.
a)An inmate shall be eligible for participation in the
alternative custody program only if the Secretary or his or
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her designee concludes that the inmate meets the criteria for
the program, as specified.
b)The rules, regulations, and administrative policies shall be
given to or made available to the program participant upon his
or her assignment to an alternative custody program.
c)The Secretary or his or her designee shall have sole
discretion as to whether to permit program participation as an
alternative to custody in state prison. A risk and needs
assessment shall be completed on each inmate to assist in the
determination of eligibility for participation in an
alternative custody program.
1)Specifies that a participant is permitted to seek and retain
employment in the community, attend psychological counseling
sessions, educational or vocational training classes,
participate in life skills or parenting training, or seek
medical or dental assistance based on the participant's
individualized treatment and release plan. Participation in
other rehabilitative services may also be allowed with
approval by the participant's case manager, if it is specified
as a requirement of the participant's individualized treatment
and rehabilitative plan.
2)Specifies that willful failure to return to the place of
detention after a period where he or she was authorized to
leave; unauthorized departures from the place of detention; or
tampering or disabling, or attempting to do so, shall subject
the participant to a return to custody. Additionally, he or
she may forfeiture credits, as specified.
3)Requires the Secretary to provide the participant's name,
address, date of birth, offense committed by the participant,
and the period of time the participant will be subject to an
alternative custody program to law enforcement agencies in the
jurisdiction where the participant of the alternative custody
agreement resides. This information may only be used for the
purpose of monitoring the alternative custody program.
4)Allows the Secretary to administer the alternative custody
program pursuant to written contracts with appropriate public
agencies or entities to provide specified program services.
No public agency or entity entering into a contract may employ
any person who is in an alternative custody program.
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5)Requires an inmate participating in an alternative custody
program agree to all the provisions in writing and shall not
be charged fees or costs for the program.
6)States that CDCR retain primary responsibility for the
participant's medical, dental and mental health needs.
7)Require the Secretary adopt emergency regulations specifically
governing participants in this program.
8)Defines "primary caregiver of a dependent child" as a person
who meets all of the following requirements:
a) The child is the inmate's son, daughter, stepchild,
adopted or foster child;
b) The child is 17 years old or less at the time of the
inmate's placement in the alternative custody program;
c) The child resided with the inmate for the majority of
the year preceding the inmate's arrest; and,
d) At the time of his or her arrest, the inmate had
physical custody of the child and was primarily responsible
for the care and upbringing of the child.
9)Specifies that escape or attempted escape from the alternative
custody or electronic monitoring program is a misdemeanor.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Unknown annual General Fund (GF) savings, potentially in the
low hundreds of thousands of dollars, to the extent the
program results in: a) lower per capita costs than state
prison; b) reduced recidivism rates as a result of more
effective programming; and, c) reduced foster care and group
home costs. For example, if 50 inmates spent one year in the
alternative custody envisioned by this bill, at a per capita
cost of $18,000, rather than the marginal CDCR per capita cost
of about $24,000, the annual per capita savings alone would be
$300,000.
Depending on the program, however, the cost differential between
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CDCR and a community placement could range from a significant
state savings to a state cost. For example, residential drug
programs would likely be more costly than the CDCR per capita
cost, and individualized treatment plans could result in more
costly services than those provided by CDCR. Conversely,
electronic monitoring in a residential home would be
considerably less than the CDCR per capita. Presumably, CDCR
would not place inmates in alternative custody settings that
cost more than the CDCR per capita.
2)Unknown annual GF costs to the extent CDCR opts to utilize the
program, to develop regulations, conduct program efficacy
research, and screen inmates for eligibility. These costs
would likely be absorbable and would be offset by program
savings."
COMMENTS : According to the author, "This bill authorizes the
Secretary of CDCR to assign women, pregnant individuals, and
primary caregivers of dependent children to alternative custody
arrangements if they are low risk and have never been convicted
of a violent or sex crime.
"Children of inmates are much more likely than their peers to
become incarcerated. Research suggests that mothers who are
able to maintain a relationship with their children are less
likely to return to prison. Alternative custody will allow
families to maintain relationships, and mothers will be less
likely to re-offend.
"While the vast majority of children of incarcerated men
continue to live with their mothers, children of incarcerated
women are more likely to end up living with relatives or in
foster care. Approximately, 67% of incarcerated women are
mothers, and many of them are single parents. In 2005,
approximately 19,000 Californian children had mothers in prison.
"Less than one-third of women in prison were convicted of
violent crimes compared to over half of the male inmates. In
fact, female inmates are more likely to be victims of violent
crimes than to be the perpetrators. Four in 10 were physically
or sexually abused before the age of 18. More than two-thirds
of women are classified as low risk. However, women often are
held in more secure environments than their custody
classifications would warrant.
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"SB 1266 defines 'alternative custody' as confinement to a
residential home, drug or treatment program, transitional care
facility, OR use of electronic monitoring.
"SB 1266 will lower recidivism rates, encourage community and
family involvement, result in fewer children in the child
welfare system, and reduce the likelihood that inmates' children
will embark on a life of crime."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0006186