BILL NUMBER: AB 2127 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Roger Hernández and Carter
FEBRUARY 23, 2012
An act to amend Section 4024.2 of the Penal Code, relating to work
release.
LEGISLATIVE COUNSEL'S DIGEST
AB 2127, as introduced, Roger Hernández. Work release.
Existing law authorizes the board of supervisors of any county to
authorize the sheriff or other official in charge of county
correctional facilities to offer a voluntary program under which any
person committed to the facility may participate in a work release
program in which one day of participation will be in lieu of one day
of confinement. Existing law requires that the program be under the
direction of a responsible person appointed by the sheriff or other
official in charge and that the hours of labor to be performed be
uniform for all persons committed to a facility in a county. Existing
law authorizes the sheriff or other official to permit a participant
in a work release program to receive work release credit for
participation in education, vocational training, or substance abuse
programs in lieu of performing labor in a work release program on an
hour-for-hour basis, but limits credit for that participation to 1/2
of the hours established for participation in a work release program,
and requires that the remaining hours consist of manual labor, as
specified.
This bill would instead authorize a sheriff or other official to
permit a participant in a work release program to receive work
release credit for documented participation in educational programs,
vocational programs, substance abuse programs, life skills programs,
or parenting programs. The bill would require that participation in
these programs be considered in lieu of performing labor in a work
release program on an hour-for-hour basis, with 8 work-related hours
to equal to one day of custody credit, and would not limit the credit
received for that participation nor require that the participant
perform manual labor.
The bill would also authorize the sheriff or other official to
permit a participant in a work release program to, upon documented
proof of employment and verification of attendance at the worksite,
receive work release credit for actively seeking and ultimately
obtaining regular employment upon release from custody. The bill
would authorize the sheriff or other official to award up to 5 days
of work release credit for the job search. The bill would require
that the participant's regular employment be considered in lieu of
performing labor in a work release program on an hour-for-hour basis,
with 8 work-related hours equal to one day of custody credit.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4024.2 of the Penal Code is amended to read:
4024.2. (a) Notwithstanding any other law, the board of
supervisors of any county may authorize the sheriff or other official
in charge of county correctional facilities to offer a voluntary
program under which any person committed to the facility may
participate in a work release program pursuant to criteria described
in subdivision (b), in which one day of participation will be in lieu
of one day of confinement.
(b) The criteria for a work release program are the following:
(1) The work release program shall consist of any of the
following:
(A) Manual labor to improve or maintain levees or public
facilities, including, but not limited to, streets, parks, and
schools.
(B) Manual labor in support of nonprofit organizations, as
approved by the sheriff or other official in charge of the
correctional facilities. As a condition of assigning participants of
a work release program to perform manual labor in support of
nonprofit organizations pursuant to this section, the board of
supervisors shall obtain workers' compensation insurance which shall
be adequate to cover work-related injuries incurred by those
participants, in accordance with Section 3363.5 of the Labor Code.
(C) Performance of graffiti cleanup for local governmental
entities, including participation in a graffiti abatement program as
defined in subdivision (f) of Section 594, as approved by the sheriff
or other official in charge of the correctional facilities.
(D) Performance of weed and rubbish abatement on public and
private property pursuant to Chapter 13 (commencing with Section
39501) of Division 3 of Title 4 of the Government Code, or Part 5
(commencing with Section 14875) or Part 6 (commencing with Section
14930) of Division 12 of the Health and Safety Code, as approved by
the sheriff or other official in charge of the correctional
facilities.
(E) Performance of house repairs or yard services for senior
citizens and the performance of repairs to senior centers through
contact with local senior service organizations, as approved by the
sheriff or other official in charge of the correctional facilities.
Where a work release participant has been assigned to this task, the
sheriff or other official shall agree upon in advance with the senior
service organization about the type of services to be rendered by
the participant and the extent of contact permitted between the
recipients of these services and the participant.
(F) Any person who is not able to perform manual labor as
specified in this paragraph because of a medical condition, physical
disability, or age, may participate in a work release program
involving any other type of public sector work that is designated and
approved by the sheriff or other official in charge of county
correctional facilities.
(2) The sheriff or other official may permit a prisoner
participating participant in a work release
program to receive work release credit for documented
participation in education educational
programs , vocational training programs
, or substance abuse programs in
lieu of performing labor in a work release program on an
hour-for-hour basis. However, credit for that participation may not
exceed one-half of the hours established for the work release
program, and the remaining hours shall consist of manual labor
described in paragraph (1) , life skills programs, or
parenting programs. Participation in these programs shall be
considered, with eight work-related hours to equal to one day of
custody credit. The sheriff or other official may also permit a
participant in a work release program to, upon documented
proof of employment and verification of attendance at the worksite,
receive work release credit for actively seeking and ultimately
obtaining regular employment upon release from custody.
The sheriff or other official may award up to five days of work
release credit for the job search, and the participant's regular
employment shall be considered in lieu of performing labor in a work
release program on an hour-for-hour basis, with eight work-related
hours equal to one day of custody credit .
(3) The work release program shall be under the direction of a
responsible person appointed by the sheriff or other official in
charge.
(4) The hours of labor to be performed pursuant to this section
shall be uniform for all persons committed to a facility in a county
and may be determined by the sheriff or other official in charge of
county correctional facilities, and each day shall be a minimum of 8
and a maximum of 10 hours, in accordance with the normal working
hours of county employees assigned to supervise the programs.
However, reasonable accommodation may be made for participation in a
program under paragraph (2).
As used in this section, "nonprofit organizations" means
organizations established or operated for the benefit of the public
or in support of a significant public interest, as set forth in
Section 501(c)(3) of the Internal Revenue Code. Organizations
established or operated for the primary purpose of benefiting their
own memberships are specifically excluded.
(c) The board of supervisors may prescribe reasonable rules and
regulations under which a work release program is operated and may
provide that participants wear clothing of a distinctive character
while performing the work. As a condition of participating in a work
release program, a person shall give his or her promise to appear for
work or assigned activity by signing a notice to appear before the
sheriff or at the education, vocational, or substance abuse program
at a time and place specified in the notice and shall sign an
agreement that the sheriff may immediately retake the person into
custody to serve the balance of his or her sentence if the person
fails to appear for the program at the time and place agreed to, does
not perform the work or activity assigned, or for any other reason
is no longer a fit subject for release under this section. A copy of
the notice shall be delivered to the person and a copy shall be
retained by the sheriff. Any person who willfully violates his or her
written promise to appear at the time and place specified in the
notice is guilty of a misdemeanor.
Whenever a peace officer has reasonable cause to believe the
person has failed to appear at the time and place specified in the
notice or fails to appear or work at the time and place agreed to or
has failed to perform the work assigned, the peace officer may,
without a warrant, retake the person into custody, or the court may
issue an arrest warrant for the retaking of the person into custody,
to complete the remainder of the original sentence. A peace officer
may not retake a person into custody under this subdivision, without
a warrant for arrest, unless the officer has a written order to do
so, signed by the sheriff or other person in charge of the program,
that describes with particularity the person to be retaken.
(d) Nothing in this section shall be construed to require the
sheriff or other official in charge to assign a person to a program
pursuant to this section if it appears from the record that the
person has refused to satisfactorily perform as assigned or has not
satisfactorily complied with the reasonable rules and regulations
governing the assignment or any other order of the court.
A person shall be eligible for work release under this section
only if the sheriff or other official in charge concludes that the
person is a fit subject therefor.
(e) The board of supervisors may prescribe a program
administrative fee, not to exceed the pro rata cost of
administration, to be paid by each person according to his or her
ability to pay.