BILL ANALYSIS Ó AB 752 Page 1 ASSEMBLY THIRD READING AB 752 (Jones-Sawyer) As Introduced February 21, 2013 Majority vote PUBLIC SAFETY 5-2 ----------------------------------------------------------------- |Ayes:|Ammiano, Jones-Sawyer, | | | | |Mitchell, Quirk, Skinner | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Melendez, Waldron | | | | | | | | ----------------------------------------------------------------- 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. AB 752 Page 2 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 AB 752 Page 3 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