California Legislature—2013–14 Regular Session

Assembly Bill No. 752

Introduced by Assembly Member Jones-Sawyer

February 21, 2013

An act to amend Section 1208 of the Penal Code, relating to work furlough.

LEGISLATIVE COUNSEL’S DIGEST

AB 752, as introduced, Jones-Sawyer. 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 furloughs. Existing law describes job training for purposes of these provisions.

Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail.

This bill would make a change to the work furlough provision described above and authorize a person sentenced to county jail for a felony to participate in a work furlough program. The bill would also make a technical change to the provision describing job training for purposes of 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)  begin insert (1) end insert begin insert   end insert 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.

begin delete

Notwithstanding

end delete

begin insert (2) end insert begin insert   end insert begin insert Notwithstanding end insert 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.

begin delete

All

end delete

begin insert (3) end insert begin insert   end insert begin insert All end insert 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 begin insert State and Community end insert
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 begin insert State and Community end insert 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.

begin delete

All

end delete

begin insert (4) end insert begin insert   end insert begin insert All end insert private work furlough facilities and programs shall be
inspected biennially by the Board of begin insert State and Community end insert
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 begin insert State and Community end insert
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 begin delete of a misdemeanor end delete 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)  begin insert (1) end insert begin insert   end insert 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.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert 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 begin delete as provided through the Job Training Partnership
Act (Public Law 97-300; 29 U.S.C.A. Sec. 1501 et seq.) end delete .

(k) This section shall be known and may be cited as the “Cobey
Work Furlough Law.”