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                                         
           
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          |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.  








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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 


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