BILL ANALYSIS �
AB 752
Page 1
ASSEMBLY THIRD READING
AB 752 (Jones-Sawyer)
As Introduced February 21, 2013
Majority vote
PUBLIC SAFETY 5-2
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|Ayes:|Ammiano, Jones-Sawyer, | | |
| |Mitchell, Quirk, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron | | |
| | | | |
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SUMMARY : Expands eligibility to participate in work furlough
programs, currently available to misdemeanants and felons on
probation, to include felons sentenced to county jail pursuant
to realignment. Specifically, this bill :
1)Authorizes a person sentenced to county jail for a felony to
participate in a work furlough program.
2)Makes technical, non-substantive changes.
EXISTING LAW :
1)Allows a county, upon approval by the board of supervisors, to
establish a work furlough program.
2)Allows qualifying screened offenders to maintain employment,
attend school, or participate in a job training program while
serving a custody commitment.
3)Limits participation in a work furlough program to
misdemeanants sentenced to county jail, or those imprisoned in
the county jail as a condition of probation, for failure to
pay a fine, or for contempt.
4)Allows the work furlough administrator to determine whether a
particular prisoner is a fit subject for work furlough, job
training and/or education, unless the court at the time of
sentencing has ordered that the person not be granted work
furloughs.
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5)Allows the court to recommend a person for work furlough.
6)Provides that when the inmate is not employed, trained, or
educated, he or she shall be confined in the work furlough
confinement facility.
7)Awards a defendant good-time and work-time credits for
participation in a work furlough program.
8)Permits the work furlough administrator to collect the
inmate's earning in order to pay for the inmate's board and
personal expenses, and administrative costs.
9)Provides that no eligible person shall be denied consideration
for, or be removed from, a work furlough program because of an
inability to pay all or part of the program fees.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "This legislation will allow
those sentences that were changed to local supervision under
Realignment to be served in a Work Furlough Program if the
person is deemed suitable by the Work Furlough Administrator.
"Work furlough programs allow an inmate to maintain employment
while serving a custody commitment. Appropriately screened
offenders will be allowed to maintain or secure employment,
attend school, or participate in a job training program as well
as other evidence-based programs that may be offered by a Work
Furlough program.
"Casework for offenders in a Work Furlough program may begin at
an earlier stage compared to being incarcerated in a local jail
and will assist them in their transition back into the
community, thus helping to reduce recidivism. The removal of
these offenders from the county jail will also help alleviate
over-crowding and free jail space for other offenders."
Work Furlough Programs : Work furlough is an alternative form of
punishment which allows participants to pursue legitimate
day-time activities while submitting to nightly incarceration.
Although commonly referred to as "work furlough," this
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alternative sentencing program also encompasses job training and
school furlough. The program enables defendants to continue to
work to support themselves while completing a jail sentence
ordered by the court. The program also allows defendants to
attend school or to receive job training while serving a
sentence.
A court cannot order a person to be accepted for work furlough;
the ultimate determination rests with the administrator of the
program. However, the court's recommendation that a person be
placed in the program must be given great weight. (People v.
Superior Court (Peterson) (1992) 12 Cal.App.4th 16, 25.)
Work furlough programs are distinguishable from work release
programs, which allow lower risk offenders to discharge their
sentences through supervised public service work as an
alternative to confinement. (See Penal Code Section 4024.2.)
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0000070