BILL ANALYSIS Ó AB 2127 Page 1 Date of Hearing: March 27, 2012 Counsel: Stella Choe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 2127 (Hernández) - As Introduced: February 23, 2012 SUMMARY : Authorizes a sheriff or other official to permit a person in a work release program to receive work-release credit for participation in educational, vocational, substance abuse, life skills or parenting programs. Specifically, this bill : 1)Requires that participation in educational, vocational, substance abuse, life skills or parenting programs be considered in lieu of performing labor in a work release program on an hour-for-hour basis, with eight work-related hours to equal one day of custody credit. 2)Provides that a sheriff or other official may 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. 3)The sheriff or other official may award up to five days of work release credit for the job search. EXISTING LAW: 1)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. ÝPenal Code Section 4024.2(a).] 2)Provides that 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 AB 2127 Page 2 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; c) Performance of graffiti cleanup for local governmental entities, including participation in a graffiti abatement program, as approved by the sheriff or other official in charge of correctional facilities; d) Performance of weed and rubbish abatement on public and private property, as approved by the sheriff or other official in charge of the correctional facilities; and 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 the services and the participant. ÝPenal Code Section 4024.2(b)(1).] 3)States that any person who is not able to perform manual labor as specified 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 the correctional facilities. ÝPenal Code Section 4024.2(b)(1)(F).] 4)Provides that a sheriff or other official may permit a prisoner participating in a work release program to receive work release credit for participation in education programs, vocational training, or substance abuse programs in lieu of performing labor in a work release program on an hour-for-hour AB 2127 Page 3 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. ÝPenal Code Section 4024.2(b)(2).] 5)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. Any person who willfully violates his or her written promise to appear at the time and place specified is guilty of a misdemeanor. ÝPenal Code Section 4024.2(c).] 6)Authorizes the board of supervisors of any county in which the average daily inmate population is 90 percent of the county's correctional system's mandated capacity may authorize the sheriff or other official in charge of county correctional facilities to operate a program under which any person committed to the facility is required to participate in a work release program pursuant to criteria described in subdivision (b) of Section 4024.2. Participants in this work release program shall receive any sentence reduction credits that they would have received had they served their sentences in a county correctional facility. Priority for participation in the work release program shall be given to inmates who volunteer to participate in the program. ÝPenal Code Section 4024.3(a).] 7)Allows the sheriff, chief of police, or any other person responsible for a county or city jail to apply to the presiding judge of the superior court to receive general authorization for a period of 30 days to accelerate the release, discharge, or expiration of sentence date of sentenced inmates up to a maximum of five days. The total number of inmates released pursuant to this section shall not exceed a number necessary to balance the inmate count and actual bed capacity. Inmates closest to their normal release, discharge, or expiration of sentence date shall be given accelerated release priority. The number of days that AB 2127 Page 4 release, discharge, or expiration of sentence is accelerated shall in no case exceed 10 percent of the particular inmate's original sentence, prior to the application thereto of any other credits or benefits authorized by law. (Penal Code Section 4024.1.) 8)Provides that county boards of supervisors may authorize the release jail inmates on work furlough. (Penal Code Section 1208.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "Many local county jails are under a federal mandate to keep their inmate population below full capacity level in order to prevent jail overcrowding. Currently San Bernardino County has over 1000 inmates on electronic monitoring that receive full time credit 24/7. They are cleared to work away from their home while being monitored and they get full custody credit. They can even elect to just pay for the monitoring and get full custody credits for just staying home instead of working. As the need arises, the Sheriff can authorize early releases to control jail population. We should be able to give a sentenced inmate credit for working. "Current law does not allow for the Sheriff to give work credits for sentenced inmates who are gainfully employed, or spend the majority of a day searching for employment. The whole direction of this effort would be to encourage and reward positive behavior and actively seeking or obtaining employment would seem to qualify." 2)Education and Employment Related to Successful Reentry : Higher levels of education provide opportunities for employment, which is associated with lower rates of reoffending. A national study found that "Ýv]ery few jail inmates participate in vocational or educational programs while incarcerated. Indeed, just 14 percent of inmates report that they participate in educational programs in jail, compared with 52 percent of state prisoners. Less than five percent of jail inmates participate in vocational programs, compared with nearly one-third of inmates in state prison." ÝLife After Lockup: Improving Reentry from Jail to the AB 2127 Page 5 Community (May 2008) < http://www.jjay.cuny.edu/Final_Life_After_Lockup.pdf> (as of March 21, 2012).] After realignment, the average length of stay in a county jail will increase. The more time a person spends in confinement, the more difficult it will be for successful reentry. Incentivizing inmates to participate in vocational and educational training, as well as awarding an inmate's efforts to find employment, will result in lower levels of reoffending. 3)Arguments in Support : a) According to the Drug Policy Alliance , "This bill is a smart response to public safety realignment. AB 2127 upgrades work release - which is already a useful tool for managing jail populations and takes a community-based approach to reducing recidivism - to better incentivize participation in programs like vocation training and substance abuse treatment that address the root causes of low-level offenses by improving the credit ratio for these programs. "This bill also makes an important step forward by incentivizing participants to acquire or retain full-time employment. Employment, whether new or existing, that is retained post-arrest is proven to reduce recidivism. Also, allowing work release credit for employment will reduce costs to the county by reducing the number of participants being supervised at a work release site." b) According to the Association for Los Angeles Deputy Sheriffs , "AB 2127 rewards those who choose their detention time in a positive way. AB 2127 will authorize a sheriff or designee 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. This measure will 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. This will also authorize the sheriff to permit a participant in a work release AB 2127 Page 6 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." 4)Previous Legislation : AB 109 (Committee on Budget). Chapter 15, Statutes of 2011, realigned responsibilities for certain parolees and newly convicted offenders who are deemed to be non-violent, non-serious and non-sex offenders from state to local jurisdictions. REGISTERED SUPPORT / OPPOSITION : Support San Bernardino County Sheriff's Department (Sponsor) California State Sheriffs Association (Co-Sponsor) Los Angeles County Sheriff's Department (Co-Sponsor) Association for Los Angeles Deputy Sheriffs California Attorneys for Criminal Justice California State Association of Counties Californians United for a Responsible Budget County of San Bernardino Drug Policy Alliance Friends Committee on Legislation of California Legal Services for Prisoners with Children National Association of Social Workers, California Chapter Regional Council of Rural Counties Riverside Sheriffs' Association Urban Counties Caucus Opposition California District Attorneys Association Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744