AB 2499, as amended, Bonilla. Offenders: home detention programs.
Existing law provides that the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in the county jail or other county correctional facility or program. Existing law requires the correctional administrator to provide specified information about a participant upon request of the police department of a city where an office is located to which persons on an electronic monitoring program report. Existing law requires any information received by a police department pursuant to that request to be used only for the purpose of monitoring the impact of home electronic monitoring programs in the community.
This bill would add to the information subject to those requests, current and historic GPS location data, if available. The bill would recast the provisions restricting the use of that information to prohibit a police department that does not have the primary responsibility to supervise participants in the electronic monitoring program that receives the requested information from using the information to conduct enforcement actions based on administrative violations of the home detention program. The bill would require a police department that has knowledge that the subject in a criminal investigation is a participant in an electronic monitoring program to make reasonable efforts to notify the supervising agency prior to serving a warrant or taking any law enforcement action against a participant in an electronic monitoring program.
By imposing additional requirements on local agencies, this bill would impose a state-mandated local program.
Existing law provides that the county board of supervisors of any county may, upon determination by the correctional administrator that conditions in a jail facility warrant the necessity of releasing sentenced misdemeanor inmates prior to them serving the full amount of a given sentence due to lack of jail space, authorize the correctional administrator to offer a program under which specified inmates may be required to participate in an involuntary home detention program.
end deleteThis bill would remove the requirement that the inmates subject to the involuntary home detention program be misdemeanor inmates. By expanding the availability of an inmate program administered by local agencies, this bill would impose a state-mandated local program.
end deleteExisting law provides that the county board of supervisors may authorize the correctional administrator to offer a program under which inmates being held in lieu of bail in a county jail or other county correctional facility may participate in an electronic monitoring program if certain conditions are met. Existing law requires the correctional administrator to provide specified information about a participant upon request of a local law enforcement agency with jurisdiction over the location where a participant in an electronic monitoring program is placed. Existing law requires any information received by a law enforcement agency pursuant to that request to be used only for the purpose of monitoring the impact of home electronic monitoring programs in the community.
This bill would add to the information subject to those requests, current and historic GPS location data, if available. The bill would recast the provisions restricting the use of that information to prohibit a law enforcement agency that does not have the primary responsibility to supervise participants in the electronic monitoring program that receives the requested information from using the information to conduct enforcement actions based on administrative violations of the home detention program. The bill would require that an agency that has knowledge that the subject in a criminal investigation is a participant in an electronic monitoring program to make reasonable efforts to notify the supervising agency prior to serving a warrant or taking any law enforcement action against a participant in an electronic monitoring program.
By imposing additional requirements on local agencies, this bill would impose a state-mandated local program.
Existing law requires that when a defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, and other specified facilities, all days of custody of the defendant, including, home detention for inmates who otherwise would be in jail in lieu of bail, are credited toward the term of imprisonment or toward any fine. Existing law also provides that the time spent in these facilities or programs qualifies as mandatory time in jail if the statute under which the defendant is sentenced requires a mandatory minimum period of time in jail.
This bill would include other home detention programs for the purpose of crediting days in custody for those purposes. The bill would remove the requirement that the statute under which the defendant is sentenced requires a mandatory minimum period of time in jail in order for the time spent in those facilities or programs to qualify as mandatory time in jail.
By increasing the administrative responsibilities of local agencies, this bill would impose a state-mandated local program.
Existing law provides that a prisoner, who, for specified reasons, is confined in or committed to a county jail, industrial farm, or road camp, or any city jail, industrial farm, or road camp, shall, for each 4 day period of custody, have one day deducted from the prisoner’s period of confinement, unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp. Existing law additionally requires for those prisoners, that for every 4 days of confinement, one day to be deducted from the prisoner’s period of confinement, unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
This bill would apply those provisions to persons who are confined on or after January 1, 2015, in specified home detention programs.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1203.016 of the Penal Code is amended
2to read:
(a) Notwithstanding any other law, the board of
4supervisors of any county may authorize the correctional
5administrator, as defined in subdivision (h), to offer a program
6under which inmates committed to a county jail or other county
7correctional facility or granted probation, or inmates participating
8in a work furlough program, may voluntarily participate or
9involuntarily be placed in a home detention program during their
10sentence in lieu of confinement in the county jail or other county
11correctional facility or program under the auspices of the probation
12officer.
13(b) The board of supervisors, in consultation with the
14correctional administrator, may prescribe reasonable rules and
15regulations
under which a home detention program may operate.
16As a condition of participation in the home detention program, the
17inmate shall give his or her consent in writing to participate in the
18home detention program and shall in writing agree to comply or,
19for involuntary participation, the inmate shall be informed in
20writing that he or she shall comply, with the rules and regulations
21of the program, including, but not limited to, the following rules:
22(1) The participant shall remain within the interior premises of
23his or her residence during the hours designated by the correctional
24administrator.
25(2) The participant shall admit any person or agent designated
26by the correctional administrator into his or her residence at any
27time for purposes of verifying the participant’s compliance with
28the
conditions of his or her detention.
P5 1(3) The participant shall agree to the use of electronic
2monitoring, which may include global positioning system devices
3or other supervising devices for the purpose of helping to verify
4his or her compliance with the rules and regulations of the home
5detention program. The devices shall not be used to eavesdrop or
6record any conversation, except a conversation between the
7participant and the person supervising the participant which is to
8be used solely for the purposes of voice identification.
9(4) The participant shall agree that the correctional administrator
10in charge of the county correctional facility from which the
11participant was released may, without further order of the court,
12immediately retake the person into custody to serve the balance
13of
his or her sentence if the electronic monitoring or supervising
14devices are unable for any reason to properly perform their function
15
at the designated place of home detention, if the person fails to
16remain within the place of home detention as stipulated in the
17agreement, if the person willfully fails to pay fees to the provider
18of electronic home detention services, as stipulated in the
19agreement, subsequent to the written notification of the participant
20that the payment has not been received and that return to custody
21may result, or if the person for any other reason no longer meets
22the established criteria under this section. A copy of the agreement
23shall be delivered to the participant and a copy retained by the
24correctional administrator.
25(c) Whenever the peace officer supervising a participant has
26reasonable cause to believe that the participant is not complying
27with the rules or conditions of the program, or that the electronic
28monitoring devices
are unable to function properly in the
29designated place of confinement, the peace officer may, under
30general or specific authorization of the correctional administrator,
31and without a warrant of arrest, retake the person into custody to
32complete the remainder of the original sentence.
33(d) Nothing in this section shall be construed to require the
34correctional administrator to allow a person to participate in this
35program if it appears from the record that the person has not
36satisfactorily complied with reasonable rules and regulations while
37in custody. A person shall be eligible for participation in a home
38detention program only if the correctional administrator concludes
39that the person meets the criteria for release established under this
40section and that the person’s participation is consistent with any
P6 1reasonable rules and
regulations prescribed by the board of
2supervisors or the administrative policy of the correctional
3administrator.
4(1) The rules and regulations and administrative policy of the
5program shall be written and reviewed on an annual basis by the
6county board of supervisors and the correctional administrator.
7The rules and regulations shall be given to or made available to
8any participant upon request.
9(2) The correctional administrator, or his or her designee, shall
10have the sole discretionary authority to permit program
11participation as an alternative to physical custody. All persons
12referred or recommended by the court to participate in the home
13detention program pursuant to subdivision (e) who are denied
14participation or all persons removed from program participation
15shall be
notified in writing of the specific reasons for the denial
16or removal. The notice of denial or removal shall include the
17participant’s appeal rights, as established by program administrative
18policy.
19(e) The court may recommend or refer a person to the
20correctional administrator for consideration for placement in the
21home detention program. The recommendation or referral of the
22court shall be given great weight in the determination of acceptance
23or denial. At the time of sentencing or at any time that the court
24deems it necessary, the court may restrict or deny the defendant’s
25participation in a home detention program.
26(f) The correctional administrator may permit home detention
27program participants to seek and retain employment in the
28community, attend psychological counseling
sessions or
29educational or vocational training classes, or seek medical and
30dental assistance. Willful failure of the program participant to
31return to the place of home detention not later than the expiration
32of any period of time during which he or she is authorized to be
33away from the place of home detention pursuant to this section
34and unauthorized departures from the place of home detention are
35punishable as provided in Section 4532.
36(g) The board of supervisors may prescribe a program
37administrative fee to be paid by each home detention participant
38that shall be determined according to his or her ability to pay.
39Inability to pay all or a portion of the program fees shall not
40preclude participation in the program, and eligibility shall not be
P7 1enhanced by reason of ability to pay. All program administration
2and supervision
fees shall be administered in compliance with
3Section 1208.2.
4(h) As used in this section, “Correctional administrator” means
5the sheriff, probation officer, or director of the county department
6of corrections.
7(i) Notwithstanding any other law, the police department of a
8city where an office is located to which persons on an electronic
9monitoring program report may request the county correctional
10administrator to provide information concerning those persons.
11This information shall be limited to the name, address, date of
12birth, offense committed by the home detainee, and if available,
13current and historical GPS coordinates of the home detainee. A
14police department that does not have the primary responsibility to
15supervise participants in the electronic monitoring program
that
16receives information pursuant to this subdivision shall not use the
17information to conduct enforcement actions based on administrative
18violations of the home detention program. A police department
19that has knowledge that the subject in a criminal investigation is
20a participant in an electronic monitoring program shall make
21reasonable efforts to notify the supervising agency prior to serving
22a warrant or taking any law enforcement action against a participant
23in an electronic monitoring program.
24(j) It is the intent of the Legislature that home detention
25programs established under this section maintain the highest public
26confidence, credibility, and public safety. In the furtherance of
27these standards, the following shall apply:
28(1) The correctional administrator, with the approval
of the
29board of supervisors, may administer a home detention program
30pursuant to written contracts with appropriate public or private
31agencies or entities to provide specified program services. No
32public or private agency or entity may operate a home detention
33program in any county without a written contract with that county’s
34correctional administrator. However, this does not apply to the use
35of electronic monitoring by the Department of Corrections and
36Rehabilitation. No public or private agency or entity entering into
37a contract may itself employ any person who is in the home
38detention program.
P8 1(2) Program acceptance shall not circumvent the normal booking
2process for sentenced offenders. All home detention program
3participants shall be supervised.
4(3) (A) All privately operated home detention programs shall
5be under the jurisdiction of, and subject to the terms and conditions
6of the contract entered into with, the correctional administrator.
7(B) Each contract shall include, but not be limited to, all of the
8following:
9(i) A provision whereby the private agency or entity agrees to
10operate in compliance with any available standards promulgated
11by state correctional agencies and bodies, including the Corrections
12Standards Authority, and all statutory provisions and mandates,
13state and county, as appropriate and applicable to the operation of
14home detention programs and the supervision of sentenced
15offenders in a home detention program.
16(ii) A provision that clearly defines areas of respective
17responsibility and liability of the county and the private agency or
18entity.
19(iii) A provision that requires the private agency or entity to
20demonstrate evidence of financial responsibility, submitted and
21approved by the board of supervisors, in amounts and under
22conditions sufficient to fully indemnify the county for reasonably
23foreseeable public liability, including legal defense costs, that may
24arise from, or be proximately caused by, acts or omissions of the
25contractor. The contract shall provide for annual review by the
26correctional administrator to ensure compliance with requirements
27set by the board of supervisors and for adjustment of the financial
28responsibility requirements if warranted by caseload changes or
29other factors.
30(iv) A provision that requires the private agency or entity to
31provide evidence of financial responsibility, such as certificates
32of insurance or copies of insurance policies, prior to commencing
33any operations pursuant to the contract or at any time requested
34by the board of supervisors or correctional administrator.
35(v) A provision that permits the correctional administrator to
36immediately terminate the contract with a private agency or entity
37at any time that the contractor fails to demonstrate evidence of
38financial responsibility.
P9 1(C) All privately operated home detention programs shall
2comply with all appropriate, applicable ordinances and regulations
3specified in subdivision (a) of Section 1208.
4(D) The board of supervisors, the correctional administrator,
5and the designee of the correctional administrator shall comply
6with Section 1090 of the Government Code in the consideration,
7making, and execution of contracts pursuant to this section.
8(E) The failure of the private agency or entity to comply with
9statutory provisions and requirements or with the standards
10established by the contract and with the correctional administrator
11may be sufficient cause to terminate the contract.
12(F) Upon the discovery that a private agency or entity with
13whom there is a contract is not in compliance pursuant to this
14paragraph, the correctional administrator shall give 60 days’ notice
15to the director of the private agency or entity that the
contract may
16be canceled if the specified deficiencies are not corrected.
17(G) Shorter notice may be given or the contract may be canceled
18without notice whenever a serious threat to public safety is present
19because the private agency or entity has failed to comply with this
20section.
21(k) For purposes of this section, “evidence of financial
22responsibility” may include, but is not limited to, certified copies
23of any of the following:
24(1) A current liability insurance policy.
25(2) A current errors and omissions insurance policy.
26(3) A surety bond.
Section 1203.017 of the Penal Code is amended to
28read:
(a) Notwithstanding any other law, upon
30determination by the correctional administrator that conditions in
31a jail facility warrant the necessity of releasing sentenced inmates
32prior to them serving the full amount of a given sentence due to
33lack of jail space, the board of supervisors of any county may
34authorize the correctional administrator to offer a program under
35which inmates committed to a county jail or other county
36correctional facility or granted probation, or inmates participating
37in a work furlough program, may be required to participate in an
38involuntary home detention program, which
shall include electronic
39monitoring, during their sentence in lieu of confinement in the
40county jail or other county correctional facility or program under
P10 1the auspices of the probation officer. Under this program, one day
2of participation shall be in lieu of one day of incarceration.
3Participants in the program shall receive any sentence reduction
4credits that they would have received had they served their
5sentences in a county correctional facility.
6(b) The board of supervisors may prescribe reasonable rules
7and regulations under which an involuntary home detention
8program may operate. The inmate shall be informed in writing that
9he or she shall comply with the rules and regulations of the
10program, including, but not limited to, the following rules:
11(1) The participant shall remain within the interior premises of
12his or her residence during the hours designated by the
correctional
13administrator.
14(2) The participant shall admit any peace officer designated by
15the correctional administrator into his or her residence at any time
16for purposes of verifying the participant’s compliance with the
17conditions of his or her detention.
18(3) The use of electronic monitoring may include global
19positioning system devices or other supervising devices for the
20purpose of helping to verify his or her compliance with the rules
21and regulations of the home detention program. The devices shall
22not be used to eavesdrop or record any conversation, except a
23conversation between the participant and the person supervising
24the participant which is to be used solely for the purposes of voice
25identification.
26(4) The correctional administrator in charge of the county
27correctional facility from which the
participant was released may,
28without further order of the court, immediately retake the person
29into custody to serve the balance of his or her sentence if the
30electronic monitoring or supervising devices are unable for any
31reason to properly perform their function at the designated place
32of home detention, if the person fails to remain within the place
33of home detention as stipulated in the agreement, or if the person
34for any other reason no longer meets the established criteria under
35this section.
36(c) Whenever the peace officer supervising a participant has
37reasonable cause to believe that the participant is not complying
38with the rules or conditions of the program, or that the electronic
39monitoring devices are unable to function properly in the
40designated place of confinement, the peace officer may, under
P11 1general or specific authorization of the correctional administrator,
2and without a warrant of arrest, retake the person into custody to
3
complete the remainder of the original sentence.
4(d) This section does not require the correctional administrator
5to allow a person to participate in this program if it appears from
6the record that the person has not satisfactorily complied with
7reasonable rules and regulations while in custody. A person shall
8be eligible for participation in a home detention program only if
9the correctional administrator concludes that the person meets the
10criteria for release established under this section and that the
11person’s participation is consistent with any reasonable rules and
12regulations prescribed by the board of supervisors or the
13administrative policy of the correctional administrator.
14(1) The rules and regulations and administrative policy of the
15program shall be written and reviewed on an annual basis by the
16county board of supervisors and the correctional administrator.
17The rules and regulations shall be given to or made available to
18any participant upon request.
19(2) The correctional administrator, or his or her designee, shall
20have the sole discretionary authority to permit program
21participation as an alternative to physical custody. All persons
22referred or recommended by the court to participate in the home
23detention program pursuant to subdivision (e) who are denied
24participation or all persons removed from program participation
25shall be notified in writing of the specific reasons for the denial
26or removal. The notice of denial or removal shall include the
27participant’s appeal rights, as established by program administrative
28policy.
29(e) The court may recommend or refer a person to the
30correctional administrator for consideration for placement in the
31home detention program. The recommendation or referral of the
32court shall be given great weight in the determination of acceptance
33or denial. At the time of sentencing or at any time that the court
34deems it necessary, the court may restrict or deny the defendant’s
35participation in a home detention program.
36(f) The correctional administrator may permit home detention
37program participants to seek and retain employment in the
38community, attend psychological counseling sessions or
39educational or vocational training classes, or seek medical and
40dental assistance. Willful failure of the program participant to
P12 1return to the place of home detention not later than the expiration
2of any period of time during which he or she is authorized to be
3away from the place of home
detention pursuant to this section
4and unauthorized departures from the place of home detention are
5punishable as provided in Section 4532.
6(g) As used in this section, “correctional administrator” means
7the sheriff, probation officer, or director of the county department
8of corrections.
9(h) (1) Notwithstanding any other law, the correctional
10administrator shall provide the information specified in paragraph
11(2) regarding persons on involuntary home detention to the
12Corrections Standards Authority, and upon request, shall provide
13that information to the law enforcement agency of a city or
14unincorporated area where an office is located to which persons
15on involuntary home detention report.
16(2) The information required by paragraph (1) shall consist of
17the following:
18(A) The participant’s name, address, and date of birth.
19(B) The offense committed by the participant.
20(C) The period of time the participant will be placed on home
21detention.
22(D) Whether the participant successfully completed the
23prescribed period of home detention or was returned to a county
24correctional facility, and if the person was returned to a county
25correctional facility, the reason for that return.
26(E) The gender and ethnicity of the participant.
27(3) Any information received by a police department pursuant
28to this subdivision shall be used only for the purpose of monitoring
29the impact of home detention programs on the
community.
30(i) It is the intent of the Legislature that home detention
31programs established under this section maintain the highest public
32confidence, credibility, and public safety. In the furtherance of
33these standards, the following shall apply:
34(1) The correctional administrator, with the approval of the
35board of supervisors, may administer a home detention program
36pursuant to written contracts with appropriate public or private
37agencies or entities to provide specified program services. A public
38or private agency or entity
shall not operate a home detention
39program in a county without a written contract with that county’s
40correctional administrator. However, this does not apply to the use
P13 1of electronic monitoring by the Department of Corrections and
2Rehabilitation as established in Section 3004. A public or private
3agency or entity entering into a contract shall not itself employ
4any person who is in the home
detention program.
5(2) Program acceptance shall not circumvent the normal booking
6process for sentenced offenders. All home detention program
7participants shall be supervised.
8(3) (A) All privately operated home detention programs shall
9be under the jurisdiction of, and subject to the terms and conditions
10of the contract entered into with, the correctional administrator.
11(B) Each contract shall include, but not be limited to, all of the
12following:
13(i) A provision whereby the private agency or entity agrees to
14operate in compliance with any available standards promulgated
15by state correctional agencies and bodies, including the Corrections
16Standards Authority, and all statutory provisions and mandates,
17state and county, as appropriate and applicable to
the operation of
18home detention programs and the supervision of sentenced
19offenders in a home detention program.
20(ii) A provision that clearly defines areas of respective
21responsibility and liability of the county and the private agency or
22entity.
23(iii) A provision that requires the private agency or entity to
24demonstrate evidence of financial responsibility, submitted and
25approved by the board of supervisors, in amounts and under
26conditions sufficient to fully indemnify the county for reasonably
27foreseeable public liability, including legal defense costs, that may
28arise from, or be proximately caused by, acts or omissions of the
29contractor. The contract shall provide for annual review by the
30correctional administrator to ensure compliance with requirements
31set by the board of supervisors and for adjustment of the financial
32responsibility requirements if warranted by caseload
changes or
33other factors.
34(iv) A provision that requires the private agency or entity to
35provide evidence of financial responsibility, such as certificates
36of insurance or copies of insurance policies, prior to commencing
37any operations pursuant to the contract or at any time requested
38by the board of supervisors or correctional administrator.
39(v) A provision that permits the correctional administrator to
40immediately terminate the contract with a private agency or entity
P14 1at any time that the contractor fails to demonstrate evidence of
2financial responsibility.
3(C) All privately operated home detention programs shall
4comply with all appropriate, applicable ordinances and regulations
5specified in subdivision (a) of Section 1208.
6(D) The board of
supervisors, the correctional administrator,
7and the designee of the correctional administrator shall comply
8with Section 1090 of the Government Code in the consideration,
9making, and execution of contracts pursuant to this section.
10(E) The failure of the private agency or entity to comply with
11statutory provisions and requirements or with the standards
12established by the contract and with the correctional administrator
13may be sufficient cause to terminate the contract.
14(F) Upon the discovery that a private agency or entity with
15whom there is a contract is not in compliance pursuant to this
16paragraph, the correctional administrator shall give 60 days’ notice
17to the director of the private agency or entity that the contract may
18be canceled if the specified deficiencies are not corrected.
19(G) Shorter notice may be
given or the contract may be canceled
20without notice whenever a serious threat to public safety is present
21because the private agency or entity has failed to comply with this
22section.
23(j) Inmates participating in this program shall not be charged
24fees or costs for the program.
25(k) For purposes of this section, “evidence of financial
26responsibility” may include, but is not limited to, certified copies
27of any of the following:
28(1) A current liability insurance policy.
29(2) A current errors and omissions insurance policy.
30(3) A surety bond.
Section 1203.018 of the Penal Code is amended to
33read:
(a) Notwithstanding any other law, this section shall
35only apply to inmates being held in lieu of bail and on no other
36basis.
37(b) Notwithstanding any other law, the board of supervisors of
38any county may authorize the correctional administrator, as defined
39in paragraph (1) of subdivision (k), to offer a program under which
40inmates being held in lieu of bail in a county jail or other county
P15 1correctional facility may participate in an electronic monitoring
2program if the conditions specified in subdivision (c) are met.
3(c) (1) In order to qualify for participation in an electronic
4monitoring program
pursuant to this section, the inmate shall be
5an inmate with no holds or outstanding warrants to whom one of
6the following circumstances applies:
7(A) The inmate has been held in custody for at least 30 calendar
8days from the date of arraignment pending disposition of only
9misdemeanor charges.
10(B) The inmate has been held in custody pending disposition
11of charges for at least 60 calendar days from the date of
12arraignment.
13(C) The inmate is appropriate for the program based on a
14determination by the correctional administrator that the inmate’s
15participation would be consistent with the public safety interests
16of the community.
17(2) All participants shall
be subject to discretionary review for
18eligibility and compliance by the correctional administrator
19
consistent with this section.
20(d) The board of supervisors, after consulting with the sheriff
21and district attorney, may prescribe reasonable rules and regulations
22under which an electronic monitoring program pursuant to this
23section may operate. As a condition of participation in the
24electronic monitoring program, the participant shall give his or
25her consent in writing to participate and shall agree in writing to
26comply with the rules and regulations of the program, including,
27but not limited to, all of the following:
28(1) The participant shall remain within the interior premises of
29his or her residence during the hours designated by the correctional
30administrator.
31(2) The participant shall admit any
person or agent designated
32by the correctional administrator into his or her residence at any
33time for purposes of verifying the participant’s compliance with
34the conditions of his or her detention.
35(3) The electronic monitoring may include global positioning
36system devices or other supervising devices for the purpose of
37helping to verify the participant’s compliance with the rules and
38regulations of the electronic monitoring program. The electronic
39devices shall not be used to eavesdrop or record any conversation,
40except a conversation between the participant and the person
P16 1supervising the participant to be used solely for the purposes of
2voice identification.
3(4) The correctional administrator in charge of the county
4correctional facility from which the participant was
released may,
5without further order of the court, immediately retake the person
6into custody if the electronic monitoring or supervising devices
7are unable for any reason to properly perform their function at the
8designated place of home detention, if the person fails to remain
9within the place of home detention as stipulated in the agreement,
10if the person willfully fails to pay fees to the provider of electronic
11home detention services, as stipulated in the agreement, subsequent
12to the written notification of the participant that the payment has
13not been received and that return to custody may result, or if the
14person for any other reason no longer meets the established criteria
15under this section.
16(5) A copy of the signed consent to participate and a copy of
17the agreement to comply with the rules and regulations shall be
18provided to
the participant and a copy shall be retained by the
19correctional administrator.
20(e) The rules and regulations and administrative policy of the
21program shall be reviewed on an annual basis by the county board
22of supervisors and the correctional administrator. The rules and
23regulations shall be given to every participant.
24(f) Whenever the peace officer supervising a participant has
25reasonable cause to believe that the participant is not complying
26with the rules or conditions of the program, or that the electronic
27monitoring devices are unable to function properly in the
28designated place of confinement, the peace officer may, under
29general or specific authorization of the correctional administrator,
30and without a warrant of arrest, retake the person into custody.
31(g) (1) Nothing in this section shall be construed to require the
32correctional administrator to allow a person to participate in this
33program if it appears from the record that the person has not
34satisfactorily complied with reasonable rules and regulations while
35in custody. A person shall be eligible for participation in an
36electronic monitoring program only if the correctional administrator
37concludes that the person meets the criteria for release established
38under this section and that the person’s participation is consistent
39with any reasonable rules and regulations prescribed by the board
P17 1of supervisors or the administrative policy of the correctional
2administrator.
3(2) The correctional administrator, or his or her designee, shall
4have discretionary
authority consistent with this section to permit
5program participation as an alternative to physical custody. All
6persons approved by the correctional administrator to participate
7in the electronic monitoring program pursuant to subdivision (c)
8who are denied participation and all persons removed from program
9participation shall be notified in writing of the specific reasons for
10the denial or removal. The notice of denial or removal shall include
11the participant’s appeal rights, as established by program
12administrative policy.
13(h) The correctional administrator may permit electronic
14monitoring program participants to seek and retain employment
15in the community, attend psychological counseling sessions or
16educational or vocational training classes, or seek medical and
17dental assistance.
18(i) Willful failure of the program participant to return to the
19place of home detention prior to the expiration of any period of
20time during which he or she is authorized to be away from the
21place of home detention pursuant to this section and unauthorized
22departures from the place of home detention is punishable pursuant
23to Section 4532.
24(j) The board of supervisors may prescribe a program
25administrative fee to be paid by each electronic monitoring
26participant.
27(k) For purposes of this section, the following terms have the
28following meanings:
29(1) “Correctional administrator” means the sheriff, probation
30officer, or director of the county department of corrections.
31(2) “Electronic monitoring program” includes, but is not limited
32to, home detention programs, work furlough programs, and work
33release programs.
34(l) Notwithstanding any other law, upon request of a local law
35enforcement agency with jurisdiction over the location where a
36participant in an electronic monitoring program is placed, the
37correctional administrator shall provide the following information
38regarding participants in the electronic monitoring program:
39(1) The participant’s name, address, and date of birth.
P18 1(2) The offense or offenses alleged to have been committed by
2the participant.
3(3) The period of time the participant will be placed on
home
4detention.
5(4) Whether the participant successfully completed the
6prescribed period of home detention or was returned to a county
7correctional facility, and if the person was returned to a county
8correctional facility, the reason for the return.
9(5) The gender and ethnicity of the participant.
10(6) Current and historical GPS coordinates, if available.
11(m) A law enforcement agency that does not have the primary
12responsibility to supervise participants in the electronic monitoring
13program that receives information pursuant to subdivision (l) shall
14not use the information to conduct enforcement actions based on
15administrative violations of the home detention
program. An
16agency that has knowledge that the subject in a criminal
17investigation is a participant in an electronic monitoring program
18shall make reasonable efforts to notify the supervising agency prior
19to serving a warrant or taking any law enforcement action against
20a participant in an electronic monitoring program.
21(n) It is the intent of the Legislature that electronic monitoring
22programs established under this section maintain the highest public
23confidence, credibility, and public safety. In the furtherance of
24these standards, the following shall apply:
25(1) The correctional administrator, with the approval of the
26board of supervisors, may administer an electronic monitoring
27program as provided in this section pursuant to written contracts
28with appropriate public or
private agencies or entities to provide
29specified program services. A public or private agency or entity
30shall not operate a home detention program pursuant to this section
31in any county without a written contract with that county’s
32correctional administrator. A public or private agency or entity
33entering into a contract pursuant to this subdivision shall not itself
34employ any person who is in the electronic monitoring program.
35(2) Program participants shall undergo the normal booking
36process for arrestees entering the jail. All electronic monitoring
37program participants shall be supervised.
38(3) (A) All privately operated electronic monitoring programs
39shall be under the jurisdiction of, and subject to the terms and
P19 1conditions of the contract entered into
with, the correctional
2administrator.
3(B) Each contract specified in subparagraph (A) shall include,
4but not be limited to, all of the following:
5(i) A provision whereby the private agency or entity agrees to
6operate in compliance with any available standards and all state
7and county laws applicable to the operation of electronic
8monitoring programs and the supervision of offenders in an
9electronic monitoring program.
10(ii) A provision that clearly defines areas of respective
11responsibility and liability of the county and the private agency or
12entity.
13(iii) A provision that requires the private agency or entity to
14demonstrate evidence of financial
responsibility, submitted to and
15approved by the board of supervisors, in amounts and under
16conditions sufficient to fully indemnify the county for reasonably
17foreseeable public liability, including legal defense costs that may
18arise from, or be proximately caused by, acts or omissions of the
19contractor.
20(iv) A provision that requires the private agency or entity to
21provide evidence of financial responsibility, such as certificates
22of insurance or copies of insurance policies, prior to commencing
23any operations pursuant to the contract or at any time requested
24by the board of supervisors or correctional administrator.
25(v) A provision that requires an annual review by the
26correctional administrator to ensure compliance with requirements
27set by the board of supervisors and for
adjustment of the financial
28responsibility requirements if warranted by caseload changes or
29other factors.
30(vi) A provision that permits the correctional administrator to
31immediately terminate the contract with a private agency or entity
32at any time that the contractor fails to demonstrate evidence of
33financial responsibility.
34(C) All privately operated electronic monitoring programs shall
35comply with all applicable ordinances and regulations specified
36in subdivision (a) of Section 1208.
37(D) The board of supervisors, the correctional administrator,
38and the designee of the correctional administrator shall comply
39with Section 1090 of the Government Code in the consideration,
40making, and execution of contracts
pursuant to this section.
P20 1(E) The failure of the private agency or entity to comply with
2state or county laws or with the standards established by the
3contract with the correctional administrator shall constitute cause
4to terminate the contract.
5(F) Upon the discovery that a private agency or entity with
6which there is a contract is not in compliance with this paragraph,
7the correctional administrator shall give 60 days’ notice to the
8director of the private agency or entity that the contract may be
9canceled if the specified deficiencies are not corrected.
10(G) Shorter notice may be given or the contract may be canceled
11without notice whenever a serious threat to public safety is present
12because the private agency or entity
has failed to comply with this
13section.
14(H) For purposes of this section, “evidence of financial
15responsibility” may include, but is not limited to, certified copies
16of any of the following:
17(i) A current liability insurance policy.
18(ii) A current errors and omissions insurance policy.
19(iii) A surety bond.
Section 2900.5 of the Penal Code is amended to read:
(a) In all felony and misdemeanor convictions, either
23by plea or by verdict, when the defendant has been in custody,
24including, but not limited to, any time spent in a jail, camp, work
25furlough facility, halfway house, rehabilitation facility, hospital,
26prison, juvenile detention facility, or similar residential institution,
27all days of custody of the defendant, including days served as a
28condition of probation in compliance with a court order, credited
29to the period of confinement pursuant to Section 4019, and days
30served in home detention pursuant to Section 1203.016begin delete, 1203.017,end delete
31 or 1203.018, shall be credited upon his or her term of
32imprisonment, or credited to any
fine, including, but not limited
33to, base fines, on a proportional basis, that may be imposed, at the
34rate of not less than thirty dollars ($30) per day, or more, in the
35discretion of the court imposing the sentence. If the total number
36of days in custody exceeds the number of days of the term of
37imprisonment to be imposed, the entire term of imprisonment shall
38be deemed to have been served. In any case where the court has
39imposed both a prison or jail term of imprisonment and a fine, any
40days to be credited to the defendant shall first be applied to the
P21 1term of imprisonment imposed, and thereafter the remaining days,
2if any, shall be applied to the fine, including, but not limited to,
3base fines, on a proportional basis.
4(b) For the purposes of this section, credit shall be given only
5where the custody to be credited is attributable to
proceedings
6related to the same conduct for which the defendant has been
7convicted. Credit shall be given only once for a single period of
8custody attributable to multiple offenses for which a consecutive
9sentence is imposed.
10(c) For the purposes of this section, “term of imprisonment”
11includes any period of imprisonment imposed as a condition of
12probation or otherwise ordered by a court in imposing or
13suspending the imposition of any sentence, and also includes any
14term of imprisonment, including any period of imprisonment prior
15to release on parole and any period of imprisonment and parole,
16prior to discharge, whether established or fixed by statute, by any
17court, or by any duly authorized administrative agency.
18(d) It is the duty of the court imposing the sentence to determine
19
the date or dates of any admission to, and release from, custody
20prior to sentencing and the total number of days to be credited
21pursuant to this section. The total number of days to be credited
22shall be contained in the abstract of judgment provided for in
23Section 1213.
24(e) It is the duty of any agency to which a person is committed
25to apply the credit provided for in this section for the period
26between the date of sentencing and the date the person is delivered
27to the agency.
28(f) If a defendant serves time in a camp, work furlough facility,
29halfway house, rehabilitation facility, hospital, juvenile detention
30facility, similar residential facility, or home detention program
31pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of
32
imprisonment in a county jail, the time spent in these facilities or
33programs shall qualify as mandatory time in jail.
34(g) Notwithstanding any other provision of this code as it
35pertains to the sentencing of convicted offenders, this section does
36not authorize the sentencing of convicted offenders to any of the
37facilities or programs mentioned herein.
Section 4019 of the Penal Code is amended to read:
(a) The provisions of this section shall apply in all of
2the following cases:
3(1) When a prisoner is confined in or committed to a county
4jail, industrial farm, or road camp, or any city jail, industrial farm,
5or road camp, including all days of custody from the date of arrest
6to the date on which the serving of the sentence commences, under
7a judgment of imprisonment, or a fine and imprisonment until the
8fine is paid in a criminal action or proceeding.
9(2) When a prisoner is confined in or committed to the county
10jail, industrial farm, or road camp or any city jail, industrial farm,
11or road camp as a condition of probation
after suspension of
12imposition of a sentence or suspension of execution of sentence,
13in a criminal action or proceeding.
14(3) When a prisoner is confined in or committed to the county
15jail, industrial farm, or road camp or any city jail, industrial farm,
16or road camp for a definite period of time for contempt pursuant
17to a proceeding, other than a criminal action or proceeding.
18(4) When a prisoner is confined in a county jail, industrial farm,
19or road camp, or a city jail, industrial farm, or road camp following
20arrest and prior to the imposition of sentence for a felony
21conviction.
22(5) When a prisoner is confined in a county jail, industrial farm,
23or road camp, or a city jail, industrial farm, or road camp as part
24of
custodial sanction imposed following a violation of postrelease
25community supervision or parole.
26(6) When a prisoner is confined in a county jail, industrial farm,
27or road camp, or a city jail, industrial farm, or road camp as a result
28of a sentence imposed pursuant to subdivision (h) of Section 1170.
29(b) Subject to the provisions of subdivision (d), for each four-day
30period in which a prisoner is confined in or committed to a facility
31as specified in this section, one day shall be deducted from his or
32her period of confinement unless it appears by the record that the
33prisoner has refused to satisfactorily perform labor as assigned by
34the sheriff, chief of police, or superintendent of an industrial farm
35or road camp.
36(c) For each four-day period in which a prisoner is confined in
37or committed to a facility as specified in this section, one day shall
38be deducted from his or her period of confinement unless it appears
39by the record that the prisoner has not satisfactorily complied with
40
the reasonable rules and regulations established by the sheriff,
P23 1chief of police, or superintendent of an industrial farm or road
2camp.
3(d) This section does not require the sheriff, chief of police, or
4superintendent of an industrial farm or road camp to assign labor
5to a prisoner if it appears from the record that the prisoner has
6refused to satisfactorily perform labor as assigned or that the
7prisoner has not satisfactorily complied with the reasonable rules
8and regulations of the sheriff, chief of police, or superintendent of
9any industrial farm or road camp.
10(e) A deduction shall not be made under this section unless the
11person is committed for a period of four days or longer.
12(f) It is the
intent of the Legislature that if all days are earned
13under this section, a term of four days will be deemed to have been
14served for every two days spent in actual custody.
15(g) The changes in this section as enacted by the act that added
16this subdivision shall apply to prisoners who are confined to a
17county jail, city jail, industrial farm, or road camp for a crime
18committed on or after the effective date of that act.
19(h) The changes to this section enacted by the act that added
20this subdivision shall apply prospectively and shall apply to
21prisoners who are confined to a county jail, city jail, industrial
22farm, or road camp for a crime committed on or after October 1,
232011. Any days earned by a prisoner prior to October 1, 2011,
24shall be calculated at the rate required by the prior
law.
25(i) This section shall not apply, and no credits may be earned,
26for periods of flash incarceration imposed pursuant to Section
273000.08 or 3454.
28(j) This section shall also apply to prisoners confined pursuant
29to Section 1203.016begin delete, 1203.017,end delete or 1203.018 on or after January
301, 2015. Any days earned prior to January 1, 2015, shall be
31calculated at the rate specified by law applicable prior to January
321, 2015.
If the Commission on State Mandates determines that
35this act contains costs mandated by the state, reimbursement to
36local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.
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