BILL NUMBER: AB 632 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Fox
FEBRUARY 20, 2013
An act to amend Section 1208 of the Penal Code, relating to work
furlough.
LEGISLATIVE COUNSEL'S DIGEST
AB 632, as introduced, Fox. Work furlough: county jails.
Existing law authorizes a county, upon approval by the board of
supervisors, to establish a work furlough program. Existing law
authorizes the board to designate a county facility and a work
furlough administrator for the program, as specified. Existing law
provides that when a person is convicted of a misdemeanor and
sentenced to a county jail, the work furlough administrator may, if
he or she concludes that the person is a fit subject to continue in
his or her regular employment or job training program, direct that
the person be permitted to continue in that employment or job
training program, as specified, or may authorize the person to secure
employment or local job training for himself or herself, unless the
court at the time of sentencing or committing has ordered that the
person not be granted work furlough. Existing law describes job
training for purposes of these provisions.
This bill would make technical, nonsubstantive changes to these
provisions.
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 1208 of the Penal Code is amended to read:
1208. (a) (1) The provisions of this section, insofar
as they relate to employment, shall be operative in any county in
which the board of supervisors by ordinance finds, on the basis of
employment conditions, the state of the county jail facilities, and
other pertinent circumstances, that the operation of this section,
insofar as it relates to employment, in that county is feasible. The
provisions of this section, insofar as they relate to job training,
shall be operative in any county in which the board of supervisors by
ordinance finds, on the basis of job training conditions, the state
of the county jail facilities, and other pertinent circumstances,
that the operation of this section, insofar as it relates to job
training, in that county is feasible. The provisions of this section,
insofar as they relate to education, shall be operative in any
county in which the board of supervisors by ordinance finds, on the
basis of education conditions, the state of the county jail
facilities, and other pertinent circumstances, that the operation of
this section, insofar as it relates to education, in that county is
feasible. In any ordinance the board shall prescribe whether the
sheriff, the probation officer, the director of the county department
of corrections, or the superintendent of a county industrial farm or
industrial road camp in the county shall perform the functions of
the work furlough administrator. The board may, in that ordinance,
provide for the performance of any or all functions of the work
furlough administrator by any one or more of those persons, acting
separately or jointly as to any of the functions; and may, by a
subsequent ordinance, revise the provisions within the authorization
of this section. The board of supervisors may also terminate the
operation of this section, either with respect to employment, job
training, or education in the county if it finds by ordinance that
because of changed circumstances, the operation of this section,
either with respect to employment, job training, or education in that
county is no longer feasible.
Notwithstanding
(2) Notwithstanding any other
provision of law, the board of supervisors may by ordinance designate
a facility for confinement of prisoners classified for the work
furlough program and designate the work furlough administrator as the
custodian of the facility. The work furlough administrator may
operate the work furlough facility or, with the approval of the board
of supervisors, administer the work furlough facility pursuant to
written contracts with appropriate public or private agencies or
private entities. No agency or private entity may operate a work
furlough program or facility without a written contract with the work
furlough administrator, and no agency or private entity entering
into a written contract may itself employ any person who is in the
work furlough program. The sheriff or director of the county
department of corrections, as the case may be, is authorized to
transfer custody of prisoners to the work furlough administrator to
be confined in a facility for the period during which they are in the
work furlough program.
All
(3) All privately operated local
work furlough facilities and programs shall be under the jurisdiction
of, and subject to the terms of a written contract entered into
with, the work furlough administrator. Each contract shall include,
but not be limited to, a provision whereby the private agency or
entity agrees to operate in compliance with all appropriate state and
local building, zoning, health, safety, and fire statutes,
ordinances, and regulations and the minimum jail standards for Type
IV facilities as established by regulations adopted by the Board of
State and Community Corrections, and a provision whereby
the private agency or entity agrees to operate in compliance with
Section 1208.2, which provides that no eligible person shall be
denied consideration for, or be removed from, participation in a work
furlough program because of an inability to pay all or a portion of
the program fees. The private agency or entity shall select and train
its personnel in accordance with selection and training requirements
adopted by the Board of State and Community Corrections
as set forth in Subchapter 1 (commencing with Section 100) of Chapter
1 of Division 1 of Title 15 of the California Code of Regulations.
Failure to comply with the appropriate health, safety, and fire laws
or minimum jail standards adopted by the board may be cause for
termination of the contract. Upon discovery of a failure to comply
with these requirements, the work furlough administrator shall notify
the privately operated program director that the contract may be
canceled if the specified deficiencies are not corrected within 60
days.
All
(4) All private work furlough
facilities and programs shall be inspected biennially by the Board of
State and Community Corrections unless the work furlough
administrator requests an earlier inspection pursuant to Section
6031.1. Each private agency or entity shall pay a fee to the Board of
State and Community Corrections commensurate
with the cost of those inspections and a fee commensurate with the
cost of the initial review of the facility.
(b) When a person is convicted of a misdemeanor and sentenced to
the county jail, or is imprisoned in the county jail for nonpayment
of a fine, for contempt, or as a condition of probation for any
criminal offense, the work furlough administrator may, if he or she
concludes that the person is a fit subject to continue in his or her
regular employment, direct that the person be permitted to continue
in that employment, if that is compatible with the requirements of
subdivision (c), or may authorize the person to secure employment for
himself or herself, unless the court at the time of sentencing or
committing has ordered that the person not be granted work furloughs.
The work furlough administrator may, if he or she concludes that the
person is a fit subject to continue in his or her job training
program, direct that the person be permitted to continue in that job
training program, if that is compatible with the requirements of
subdivision (c), or may authorize the person to secure local job
training for himself or herself, unless the court at the time of
sentencing has ordered that person not be granted work furloughs. The
work furlough administrator may, if he or she concludes that the
person is a fit subject to continue in his or her regular educational
program, direct that the person be permitted to continue in that
educational program, if that is compatible with the requirements of
subdivision (c), or may authorize the person to secure education for
himself or herself, unless the court at the time of sentencing has
ordered that person not be granted work furloughs.
(c) If the work furlough administrator so directs that the
prisoner be permitted to continue in his or her regular employment,
job training, or educational program, the administrator shall arrange
for a continuation of that employment or for that job training or
education, so far as possible without interruption. If the prisoner
does not have regular employment or a regular job training or
educational program, and the administrator has authorized the
prisoner to secure employment, job training, or education for himself
or herself, the prisoner may do so, and the administrator may assist
the prisoner in doing so. Any employment, job training, or education
so secured shall be suitable for the prisoner. The employment, and
the job training or educational program if it includes earnings by
the prisoner, shall be at a wage at least as high as the prevailing
wage for similar work in the area where the work is performed and in
accordance with the prevailing working conditions in that area. In no
event may any employment, job training, or educational program
involving earnings by the prisoner be permitted where there is a
labor dispute in the establishment in which the prisoner is, or is to
be, employed, trained, or educated.
(d) (1) Whenever the prisoner is not
employed or being trained or educated and between the hours or
periods of employment, training, or education, the prisoner shall be
confined in the facility designated by the board of supervisors for
work furlough confinement unless the work furlough administrator
directs otherwise. If the prisoner is injured during a period of
employment, job training, or education, the work furlough
administrator shall have the authority to release him or her from the
facility for continued medical treatment by private physicians or at
medical facilities at the expense of the employer, workers'
compensation insurer, or the prisoner. The release shall not be
construed as assumption of liability by the county or work furlough
administrator for medical treatment obtained.
The
(2) The work furlough
administrator may release any prisoner classified for the work
furlough program for a period not to exceed 72 hours for medical,
dental, or psychiatric care, or for family emergencies or pressing
business which would result in severe hardship if the release were
not granted, or to attend those activities as the administrator deems
may effectively promote the prisoner's successful return to the
community, including, but not limited to, an attempt to secure
housing, employment, entry into educational programs, or
participation in community programs.
(e) The earnings of the prisoner may be collected by the work
furlough administrator, and it shall be the duty of the prisoner's
employer to transmit the wages to the administrator at the latter's
request. Earnings levied upon pursuant to writ of execution or in
other lawful manner shall not be transmitted to the administrator. If
the administrator has requested transmittal of earnings prior to
levy, that request shall have priority. In a case in which the
functions of the administrator are performed by a sheriff, and the
sheriff receives a writ of execution for the earnings of a prisoner
subject to this section but has not yet requested transmittal of the
prisoner's earnings pursuant to this section, the sheriff shall first
levy on the earnings pursuant to the writ. When an employer or
educator transmits earnings to the administrator pursuant to this
subdivision, the sheriff shall have no liability to the prisoner for
those earnings. From the earnings the administrator shall pay the
prisoner's board and personal expenses, both inside and outside the
jail, and shall deduct so much of the costs of administration of this
section as is allocable to the prisoner or if the prisoner is unable
to pay that sum, a lesser sum as is reasonable, and, in an amount
determined by the administrator, shall pay the support of the
prisoner's dependents, if any. If sufficient funds are available
after making the foregoing payments, the administrator may, with the
consent of the prisoner, pay, in whole or in part, the preexisting
debts of the prisoner. Any balance shall be retained until the
prisoner's discharge. Upon discharge the balance shall be paid to the
prisoner.
(f) The prisoner shall be eligible for time credits pursuant to
Sections 4018 and 4019.
(g) In the event the prisoner violates the conditions laid down
for his or her conduct, custody, job training, education, or
employment, the work furlough administrator may order the balance of
the prisoner's sentence to be spent in actual confinement.
(h) Willful failure of the prisoner to return to the place of
confinement not later than the expiration of any period during which
he or she is authorized to be away from the place of confinement
pursuant to this section is punishable as provided in Section 4532.
(i) The court may recommend or refer a person to the work furlough
administrator for consideration for placement in the work furlough
program or a particular work furlough facility. The recommendation or
referral of the court shall be given great weight in the
determination of acceptance or denial for placement in the work
furlough program or a particular work furlough facility.
(j) As used in this section, the following definitions apply:
(1) "Education" includes vocational and educational training and
counseling, and psychological, drug abuse, alcoholic, and other
rehabilitative counseling.
(2) "Educator" includes a person or institution providing that
training or counseling.
(3) "Employment" includes care of children, including the daytime
care of children of the prisoner.
(4) "Job training" may include, but shall not be limited to, job
training assistance as provided through the Job Training
Partnership Act (Public Law 97-300; 29 U.S.C.A. Sec. 1501 et seq.)
.
(k) This section shall be known and may be cited as the "Cobey
Work Furlough Law."