BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 752|
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THIRD READING
Bill No: AB 752
Author: Jones-Sawyer (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 5/14/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
ASSEMBLY FLOOR : 45-26, 4/11/13 - See last page for vote
SUBJECT : Work furlough: county jails
SOURCE : California Attorneys for Criminal Justice
Californians for Safety and Justice
Chief Probation Officers of California
DIGEST : This bill expands eligibility for jail work furlough
programs, currently limited to persons imprisoned in the county
jail for a misdemeanor, nonpayment of a fine, contempt, or as a
condition of probation for any criminal offense, to include
felons sentenced to county jail.
ANALYSIS :
Existing law:
1. Allows a county, upon approval by the board of supervisors,
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to establish a work furlough program, as specified.
2. Allows qualifying screened offenders to maintain employment,
attend school, or participate in a job training program while
serving a custody commitment.
3. 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.
4. Allows the court to recommend a person for work furlough.
5. Provides that when the inmate is not employed, trained, or
educated, he/she shall be confined in the work furlough
confinement facility.
6. Awards a defendant good-time and work-time credits for
participation in a work furlough program.
7. 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.
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.
Background
Work furlough is an alternative form of punishment which allows
criminal offenders to pursue legitimate day-time activities
while submitting to nightly incarceration. Although commonly
referred to as "work furlough," this alternative sentencing
program also encompasses job training and school furlough. The
program allows offenders 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
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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 (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.
Criminal Justice Realignment . The criminal justice realignment
of 2011 created two classifications of felonies: those
punishable in county jail, and those punishable in state prison.
Realignment limited which felons can be sent to state prison,
thus requiring that some felons serve their sentences in county
jails. The new law applies to qualified defendants who commit
qualifying offenses and who were sentenced on or after October
1, 2011. Specifically, sentences to state prison generally are
limited to individuals with a current or prior serious or
violent offense and registered sex offenders. In addition to
the serious, violent, registerable offenses eligible for state
prison incarceration, there are approximately 70 felonies which
have be specifically excluded from eligibility for local custody
(i.e., the sentence must be served in state prison).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/15/13)
California Attorneys for Criminal Justice (co-source)
Californians for Safety and Justice (co-source)
Chief Probation Officers of California (co-source)
California Catholic Conference, Inc.
California Probation, Parole and Correctional Association
California Public Defenders Association
California State Sheriffs' Association
Drug Policy Alliance
Friends Committee on Legislation of California
Golden State Bail Agents Association
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Legal Services for Prisoners with Children
Los Angeles Regional Reentry Partnership
Women's Foundation
OPPOSITION : (Verified 5/15/13)
California District Attorneys Association
ARGUMENTS IN SUPPORT : According to the Chief Probation
Officers of California, one of the sponsors of this bill, "AB
752 would 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. These programs are in important tool to
assist eligible inmates in their transition back into the
community, thereby helping reduce recidivism."
ARGUMENTS IN OPPOSITION : The California District Attorneys
Association, which opposes this bill states, "Our concern with
this bill lies in the fact that it is a further attempt to blur
the line between persons sentenced to county jail after a felony
conviction because of realignment and misdemeanants sentenced to
county jail. PC 1170(h) convictions that result in jail
sentences are identical to non-PC 1170(h) convictions that
result in state prison sentences with regard to the defendant
actually being sentenced (as opposed to having the imposition of
sentence suspended when probation is granted) and with regard to
both PC 1170(h) jail terms and state prison terms qualifying as
prison priors under PC 667.5(b).
"Felons sentenced to county jails under realignment are
similarly situated to felons sentenced to prison, with the main
difference being where they are incarcerated. As such, the
simple change to where a sentenced felon is housed effectuated
by realignment is not appropriate grounds to treat that felon in
the same manner in which a county jail misdemeanant is treated."
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ASSEMBLY FLOOR : 45-26, 4/11/13
AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chesbro, Daly, Dickinson, Eggman, Fong, Frazier,
Garcia, Gatto, Gomez, Gordon, Hall, Roger Hernández, Holden,
Jones-Sawyer, Levine, Mitchell, Mullin, Nazarian, Pan, Perea,
Quirk, Rendon, Skinner, Stone, Ting, Torres, Weber,
Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Allen, Bigelow, Conway, Dahle, Donnelly, Beth
Gaines, Gorell, Grove, Hagman, Jones, Linder, Logue,
Maienschein, Mansoor, Melendez, Morrell, Muratsuchi, Nestande,
Olsen, Patterson, Quirk-Silva, Salas, Wagner, Waldron, Wilk
NO VOTE RECORDED: Chávez, Cooley, Fox, Gray, Harkey, Lowenthal,
Medina, V. Manuel Pérez, Vacancy
JG:d 5/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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