Amended in Senate July 1, 2014

Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2499

Introduced by Assembly Member Bonilla

February 21, 2014

An act to amend Sections begin insert 1170, end insert 1203.016, 1203.018, 2900.5, and 4019 of the Penal Code, relating to offenders.

LEGISLATIVE COUNSEL’S DIGEST

AB 2499, as amended, Bonilla. Offenders: home detention programs.

begin insert Existing law, subject to exceptions, generally makes persons convicted of a felony subject to incarceration in a county jail. end insert

begin insert

Existing law requires, unless the court finds it is not in the interest of justice, that a period of the concluding portion of a county jail term be served on mandatory supervision, which is a period of suspended execution of the term supervised by county probation. Existing law provides that mandatory supervision commences upon release from custody.

end insert begin insert

This bill would instead provide that unless otherwise ordered by the court, mandatory supervision would commence upon release from physical custody or an alternative custody program, whichever is later.

end insert

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, begin insert at the discretion of the corrections administrator and solely for investigatory purposes, end insert current and historic GPS location data, if available. The bill would recast the provisions restricting the use of that information to prohibit a begin delete police end delete begin insert law enforcement end insert 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 begin delete police end delete begin insert law enforcement end insert 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 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, begin insert at the discretion of the corrections administrator and solely for investigatory purposes, end insert 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 begin delete confined on or after January 1, 2015, end delete begin insert participants end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1170 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 16 of Chapter 26 of the Statutes of 2014, is amended to
read: end insert

1170.  

(a) (1) The Legislature finds and declares that the
purpose of imprisonment for crime is punishment. This purpose
is best served by terms proportionate to the seriousness of the
offense with provision for uniformity in the sentences of offenders
committing the same offense under similar circumstances. The
Legislature further finds and declares that the elimination of
disparity and the provision of uniformity of sentences can best be
achieved by determinate sentences fixed by statute in proportion
to the seriousness of the offense as determined by the Legislature
to be imposed by the court with specified discretion.

(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow
him or her adequate time to complete the program.

(3) In any case in which the punishment prescribed by statute
for a person convicted of a public offense is a term of imprisonment
in the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any
other disposition provided by law, including a fine, jail, probation,
or the suspension of imposition or execution of sentence or is
sentenced pursuant to subdivision (b) of Section 1168 because he
or she had committed his or her crime prior to July 1, 1977. In
sentencing the convicted person, the court shall apply the
sentencing rules of the Judicial Council. The court, unless it
determines that there are circumstances in mitigation of the
punishment prescribed, shall also impose any other term that it is
required by law to impose as an additional term. Nothing in this
article shall affect any provision of law that imposes the death
penalty, that authorizes or restricts the granting of probation or
suspending the execution or imposition of sentence, or expressly
provides for imprisonment in the state prison for life, except as
provided in paragraph (2) of subdivision (d). In any case in which
the amount of preimprisonment credit under Section 2900.5 or any
other provision of law is equal to or exceeds any sentence imposed
pursuant to this chapter, the entire sentence shall be deemed to
have been served and the defendant shall not be actually delivered
to the custody of the secretary. The court shall advise the defendant
that he or she shall serve a period of parole and order the defendant
to report to the parole office closest to the defendant’s last legal
residence, unless the in-custody credits equal the total sentence,
including both confinement time and the period of parole. The
sentence shall be deemed a separate prior prison term under Section
667.5, and a copy of the judgment and other necessary
documentation shall be forwarded to the secretary.

(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the choice of the appropriate
term shall rest within the sound discretion of the court. At least
four days prior to the time set for imposition of judgment, either
party or the victim, or the family of the victim if the victim is
deceased, may submit a statement in aggravation or mitigation. In
determining the appropriate term, the court may consider the record
in the case, the probation officer’s report, other reports, including
reports received pursuant to Section 1203.03, and statements in
aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall select the term which, in the court’s
discretion, best serves the interests of justice. The court shall set
forth on the record the reasons for imposing the term selected and
the court may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision
of law. A term of imprisonment shall not be specified if imposition
of sentence is suspended.

(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform
the defendant that as part of the sentence after expiration of the
term he or she may be on parole for a period as provided in Section
3000.

(d) (1) When a defendant subject to this section or subdivision
(b) of Section 1168 has been sentenced to be imprisoned in the
state prison and has been committed to the custody of the secretary,
the court may, within 120 days of the date of commitment on its
own motion, or at any time upon the recommendation of the
secretary or the Board of Parole Hearings, recall the sentence and
commitment previously ordered and resentence the defendant in
the same manner as if he or she had not previously been sentenced,
provided the new sentence, if any, is no greater than the initial
sentence. The court resentencing under this subdivision shall apply
the sentencing rules of the Judicial Council so as to eliminate
disparity of sentences and to promote uniformity of sentencing.
Credit shall be given for time served.

(2) (A) (i) When a defendant who was under 18 years of age
at the time of the commission of the offense for which the
defendant was sentenced to imprisonment for life without the
possibility of parole has served at least 15 years of that sentence,
the defendant may submit to the sentencing court a petition for
recall and resentencing.

(ii) Notwithstanding clause (i), this paragraph shall not apply
to defendants sentenced to life without parole for an offense where
the defendant tortured, as described in Section 206, his or her
victim or the victim was a public safety official, including any law
enforcement personnel mentioned in Chapter 4.5 (commencing
with Section 830) of Title 3, or any firefighter as described in
Section 245.1, as well as any other officer in any segment of law
enforcement who is employed by the federal government, the state,
or any of its political subdivisions.

(B) The defendant shall file the original petition with the
sentencing court. A copy of the petition shall be served on the
agency that prosecuted the case. The petition shall include the
defendant’s statement that he or she was under 18 years of age at
the time of the crime and was sentenced to life in prison without
the possibility of parole, the defendant’s statement describing his
or her remorse and work towards rehabilitation, and the defendant’s
statement that one of the following is true:

(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.

(ii) The defendant does not have juvenile felony adjudications
for assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.

(iii) The defendant committed the offense with at least one adult
codefendant.

(iv) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but not
limited to, availing himself or herself of rehabilitative, educational,
or vocational programs, if those programs have been available at
his or her classification level and facility, using self-study for
self-improvement, or showing evidence of remorse.

(C) If any of the information required in subparagraph (B) is
missing from the petition, or if proof of service on the prosecuting
agency is not provided, the court shall return the petition to the
defendant and advise the defendant that the matter cannot be
considered without the missing information.

(D) A reply to the petition, if any, shall be filed with the court
within 60 days of the date on which the prosecuting agency was
served with the petition, unless a continuance is granted for good
cause.

(E) If the court finds by a preponderance of the evidence that
the statements in the petition are true, the court shall hold a hearing
to consider whether to recall the sentence and commitment
previously ordered and to resentence the defendant in the same
manner as if the defendant had not previously been sentenced,
provided that the new sentence, if any, is not greater than the initial
sentence. Victims, or victim family members if the victim is
deceased, shall retain the rights to participate in the hearing.

(F) The factors that the court may consider when determining
whether to recall and resentence include, but are not limited to,
the following:

(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.

(ii) The defendant does not have juvenile felony adjudications
for assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.

(iii) The defendant committed the offense with at least one adult
codefendant.

(iv) Prior to the offense for which the sentence is being
considered for recall, the defendant had insufficient adult support
or supervision and had suffered from psychological or physical
trauma, or significant stress.

(v) The defendant suffers from cognitive limitations due to
mental illness, developmental disabilities, or other factors that did
not constitute a defense, but influenced the defendant’s
involvement in the offense.

(vi) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but not
limited to, availing himself or herself of rehabilitative, educational,
or vocational programs, if those programs have been available at
his or her classification level and facility, using self-study for
self-improvement, or showing evidence of remorse.

(vii) The defendant has maintained family ties or connections
with others through letter writing, calls, or visits, or has eliminated
contact with individuals outside of prison who are currently
involved with crime.

(viii) The defendant has had no disciplinary actions for violent
activities in the last five years in which the defendant was
determined to be the aggressor.

(G) The court shall have the discretion to recall the sentence
and commitment previously ordered and to resentence the
defendant in the same manner as if the defendant had not
previously been sentenced, provided that the new sentence, if any,
is not greater than the initial sentence. The discretion of the court
shall be exercised in consideration of the criteria in subparagraph
(B). Victims, or victim family members if the victim is deceased,
shall be notified of the resentencing hearing and shall retain their
rights to participate in the hearing.

(H) If the sentence is not recalled, the defendant may submit
another petition for recall and resentencing to the sentencing court
when the defendant has been committed to the custody of the
department for at least 20 years. If recall and resentencing is not
granted under that petition, the defendant may file another petition
after having served 24 years. The final petition may be submitted,
and the response to that petition shall be determined, during the
25th year of the defendant’s sentence.

(I) In addition to the criteria in subparagraph (F), the court may
consider any other criteria that the court deems relevant to its
decision, so long as the court identifies them on the record,
provides a statement of reasons for adopting them, and states why
the defendant does or does not satisfy the criteria.

(J) This subdivision shall have retroactive application.

(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner’s sentence be recalled.

(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:

(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within
six months, as determined by a physician employed by the
department.

(B) The conditions under which the prisoner would be released
or receive treatment do not pose a threat to public safety.

(C) The prisoner is permanently medically incapacitated with
a medical condition that renders him or her permanently unable
to perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to
this subdivision before making a recommendation for resentence
or recall to the court. This subdivision does not apply to a prisoner
sentenced to death or a term of life without the possibility of parole.

(3) Within 10 days of receipt of a positive recommendation by
the secretary or the board, the court shall hold a hearing to consider
whether the prisoner’s sentence should be recalled.

(4) Any physician employed by the department who determines
that a prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden.
Within 48 hours of receiving notification, the warden or the
warden’s representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified
as to the prisoner’s medical condition and prognosis, and as to the
recall and resentencing procedures. If the inmate is deemed
mentally unfit, the warden or the warden’s representative shall
contact the inmate’s emergency contact and provide the information
described in paragraph (2).

(5) The warden or the warden’s representative shall provide the
prisoner and his or her family member, agent, or emergency
contact, as described in paragraph (4), updated information
throughout the recall and resentencing process with regard to the
prisoner’s medical condition and the status of the prisoner’s recall
and resentencing proceedings.

(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may
independently request consideration for recall and resentencing
by contacting the chief medical officer at the prison or the
secretary. Upon receipt of the request, the chief medical officer
and the warden or the warden’s representative shall follow the
procedures described in paragraph (4). If the secretary determines
that the prisoner satisfies the criteria set forth in paragraph (2), the
secretary or board may recommend to the court that the prisoner’s
sentence be recalled. The secretary shall submit a recommendation
for release within 30 days in the case of inmates sentenced to
determinate terms and, in the case of inmates sentenced to
indeterminate terms, the secretary shall make a recommendation
to the Board of Parole Hearings with respect to the inmates who
have applied under this section. The board shall consider this
information and make an independent judgment pursuant to
paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.

(7) Any recommendation for recall submitted to the court by
the secretary or the Board of Parole Hearings shall include one or
more medical evaluations, a postrelease plan, and findings pursuant
to paragraph (2).

(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.

(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours
of receipt of the court’s order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden’s
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary,
full medical records, state identification, parole medications, and
all property belonging to the prisoner. After discharge, any
additional records shall be sent to the prisoner’s forwarding
address.

(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who
is given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.

(f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that
a defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required
to register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.

(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.

(h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment
in a county jail for 16 months, or two or three years.

(2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment
in a county jail for the term described in the underlying offense.

(3) Notwithstanding paragraphs (1) and (2), where the defendant
(A) has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7 or a prior or current
conviction for a violent felony described in subdivision (c) of
Section 667.5, (B) has a prior felony conviction in another
jurisdiction for an offense that has all the elements of a serious
felony described in subdivision (c) of Section 1192.7 or a violent
felony described in subdivision (c) of Section 667.5, (C) is required
to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
and as part of the sentence an enhancement pursuant to Section
186.11 is imposed, an executed sentence for a felony punishable
pursuant to this subdivision shall be served in state prison.

(4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.

(5) (A) Unless the court finds that, in the interests of justice, it
is not appropriate in a particular case, the court, when imposing a
sentence pursuant to paragraph (1) or begin delete (2) of this subdivision, end delete begin insert (2), end insert
shall suspend execution of a concluding portion of the term for a
period selected at the court’s discretion.

(B) The portion of a defendant’s sentenced term that is
suspended pursuant to this paragraph shall be known as mandatory
supervision, begin delete and shall begin upon release from custody end delete begin insert and, unless
otherwise ordered by the court, shall commence upon release from
physical custody or an alternative custody program, whichever is
later end insert . During the period of mandatory supervision, the defendant
shall be supervised by the county probation officer in accordance
with the terms, conditions, and procedures generally applicable to
persons placed on probation, for the remaining unserved portion
of the sentence imposed by the court. The period of supervision
shall be mandatory, and may not be earlier terminated except by
court order. Any proceeding to revoke or modify mandatory
supervision under this subparagraph shall be conducted pursuant
to either subdivisions (a) and (b) of Section 1203.2 or Section
1203.3. During the period when the defendant is under such
supervision, unless in actual custody related to the sentence
imposed by the court, the defendant shall be entitled to only actual
time credit against the term of imprisonment imposed by the court.
Any time period which is suspended because a person has
absconded shall not be credited toward the period of supervision.

(6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced
on or after October 1, 2011.

(7) The sentencing changes made to paragraph (5) by the act
that added this paragraph shall become effective and operative on
January 1, 2015, and shall be applied prospectively to any person
sentenced on or after January 1, 2015.

(i) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before that date, deletes or extends that date.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1170 of the end insert begin insert Penal Code end insert begin insert , as amended by Section
17 of Chapter 26 of the Statutes of 2014, is amended to read: end insert

1170.  

(a) (1) The Legislature finds and declares that the
purpose of imprisonment for crime is punishment. This purpose
is best served by terms proportionate to the seriousness of the
offense with provision for uniformity in the sentences of offenders
committing the same offense under similar circumstances. The
Legislature further finds and declares that the elimination of
disparity and the provision of uniformity of sentences can best be
achieved by determinate sentences fixed by statute in proportion
to the seriousness of the offense as determined by the Legislature
to be imposed by the court with specified discretion.

(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow
him or her adequate time to complete the program.

(3) In any case in which the punishment prescribed by statute
for a person convicted of a public offense is a term of imprisonment
in the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any
other disposition provided by law, including a fine, jail, probation,
or the suspension of imposition or execution of sentence or is
sentenced pursuant to subdivision (b) of Section 1168 because he
or she had committed his or her crime prior to July 1, 1977. In
sentencing the convicted person, the court shall apply the
sentencing rules of the Judicial Council. The court, unless it
determines that there are circumstances in mitigation of the
punishment prescribed, shall also impose any other term that it is
required by law to impose as an additional term. Nothing in this
article shall affect any provision of law that imposes the death
penalty, that authorizes or restricts the granting of probation or
suspending the execution or imposition of sentence, or expressly
provides for imprisonment in the state prison for life, except as
provided in paragraph (2) of subdivision (d). In any case in which
the amount of preimprisonment credit under Section 2900.5 or any
other provision of law is equal to or exceeds any sentence imposed
pursuant to this chapter, the entire sentence shall be deemed to
have been served and the defendant shall not be actually delivered
to the custody of the secretary. The court shall advise the defendant
that he or she shall serve a period of parole and order the defendant
to report to the parole office closest to the defendant’s last legal
residence, unless the in-custody credits equal the total sentence,
including both confinement time and the period of parole. The
sentence shall be deemed a separate prior prison term under Section
667.5, and a copy of the judgment and other necessary
documentation shall be forwarded to the secretary.

(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit
a statement in aggravation or mitigation to dispute facts in the
record or the probation officer’s report, or to present additional
facts. In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer’s report, other reports,
including reports received pursuant to Section 1203.03, and
statements in aggravation or mitigation submitted by the
prosecution, the defendant, or the victim, or the family of the victim
if the victim is deceased, and any further evidence introduced at
the sentencing hearing. The court shall set forth on the record the
facts and reasons for imposing the upper or lower term. The court
may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision
of law. A term of imprisonment shall not be specified if imposition
of sentence is suspended.

(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform
the defendant that as part of the sentence after expiration of the
term he or she may be on parole for a period as provided in Section
3000.

(d) (1) When a defendant subject to this section or subdivision
(b) of Section 1168 has been sentenced to be imprisoned in the
state prison and has been committed to the custody of the secretary,
the court may, within 120 days of the date of commitment on its
own motion, or at any time upon the recommendation of the
secretary or the Board of Parole Hearings, recall the sentence and
commitment previously ordered and resentence the defendant in
the same manner as if he or she had not previously been sentenced,
provided the new sentence, if any, is no greater than the initial
sentence. The court resentencing under this subdivision shall apply
the sentencing rules of the Judicial Council so as to eliminate
disparity of sentences and to promote uniformity of sentencing.
Credit shall be given for time served.

(2) (A) (i) When a defendant who was under 18 years of age
at the time of the commission of the offense for which the
defendant was sentenced to imprisonment for life without the
possibility of parole has served at least 15 years of that sentence,
the defendant may submit to the sentencing court a petition for
recall and resentencing.

(ii) Notwithstanding clause (i), this paragraph shall not apply
to defendants sentenced to life without parole for an offense where
the defendant tortured, as described in Section 206, his or her
victim or the victim was a public safety official, including any law
enforcement personnel mentioned in Chapter 4.5 (commencing
with Section 830) of Title 3, or any firefighter as described in
Section 245.1, as well as any other officer in any segment of law
enforcement who is employed by the federal government, the state,
or any of its political subdivisions.

(B) The defendant shall file the original petition with the
sentencing court. A copy of the petition shall be served on the
agency that prosecuted the case. The petition shall include the
defendant’s statement that he or she was under 18 years of age at
the time of the crime and was sentenced to life in prison without
the possibility of parole, the defendant’s statement describing his
or her remorse and work towards rehabilitation, and the defendant’s
statement that one of the following is true:

(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.

(ii) The defendant does not have juvenile felony adjudications
for assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.

(iii) The defendant committed the offense with at least one adult
codefendant.

(iv) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but not
limited to, availing himself or herself of rehabilitative, educational,
or vocational programs, if those programs have been available at
his or her classification level and facility, using self-study for
self-improvement, or showing evidence of remorse.

(C) If any of the information required in subparagraph (B) is
missing from the petition, or if proof of service on the prosecuting
agency is not provided, the court shall return the petition to the
defendant and advise the defendant that the matter cannot be
considered without the missing information.

(D) A reply to the petition, if any, shall be filed with the court
within 60 days of the date on which the prosecuting agency was
served with the petition, unless a continuance is granted for good
cause.

(E) If the court finds by a preponderance of the evidence that
the statements in the petition are true, the court shall hold a hearing
to consider whether to recall the sentence and commitment
previously ordered and to resentence the defendant in the same
manner as if the defendant had not previously been sentenced,
provided that the new sentence, if any, is not greater than the initial
sentence. Victims, or victim family members if the victim is
deceased, shall retain the rights to participate in the hearing.

(F) The factors that the court may consider when determining
whether to recall and resentence include, but are not limited to,
the following:

(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.

(ii) The defendant does not have juvenile felony adjudications
for assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.

(iii) The defendant committed the offense with at least one adult
codefendant.

(iv) Prior to the offense for which the sentence is being
considered for recall, the defendant had insufficient adult support
or supervision and had suffered from psychological or physical
trauma, or significant stress.

(v) The defendant suffers from cognitive limitations due to
mental illness, developmental disabilities, or other factors that did
not constitute a defense, but influenced the defendant’s
involvement in the offense.

(vi) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but not
limited to, availing himself or herself of rehabilitative, educational,
or vocational programs, if those programs have been available at
his or her classification level and facility, using self-study for
self-improvement, or showing evidence of remorse.

(vii) The defendant has maintained family ties or connections
with others through letter writing, calls, or visits, or has eliminated
contact with individuals outside of prison who are currently
involved with crime.

(viii) The defendant has had no disciplinary actions for violent
activities in the last five years in which the defendant was
determined to be the aggressor.

(G) The court shall have the discretion to recall the sentence
and commitment previously ordered and to resentence the
defendant in the same manner as if the defendant had not
previously been sentenced, provided that the new sentence, if any,
is not greater than the initial sentence. The discretion of the court
shall be exercised in consideration of the criteria in subparagraph
(B). Victims, or victim family members if the victim is deceased,
shall be notified of the resentencing hearing and shall retain their
rights to participate in the hearing.

(H) If the sentence is not recalled, the defendant may submit
another petition for recall and resentencing to the sentencing court
when the defendant has been committed to the custody of the
department for at least 20 years. If recall and resentencing is not
granted under that petition, the defendant may file another petition
after having served 24 years. The final petition may be submitted,
and the response to that petition shall be determined, during the
25th year of the defendant’s sentence.

(I) In addition to the criteria in subparagraph (F), the court may
consider any other criteria that the court deems relevant to its
decision, so long as the court identifies them on the record,
provides a statement of reasons for adopting them, and states why
the defendant does or does not satisfy the criteria.

(J) This subdivision shall have retroactive application.

(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner’s sentence be recalled.

(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:

(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within
six months, as determined by a physician employed by the
department.

(B) The conditions under which the prisoner would be released
or receive treatment do not pose a threat to public safety.

(C) The prisoner is permanently medically incapacitated with
a medical condition that renders him or her permanently unable
to perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to
this subdivision before making a recommendation for resentence
or recall to the court. This subdivision does not apply to a prisoner
sentenced to death or a term of life without the possibility of parole.

(3) Within 10 days of receipt of a positive recommendation by
the secretary or the board, the court shall hold a hearing to consider
whether the prisoner’s sentence should be recalled.

(4) Any physician employed by the department who determines
that a prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden.
Within 48 hours of receiving notification, the warden or the
warden’s representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified
as to the prisoner’s medical condition and prognosis, and as to the
recall and resentencing procedures. If the inmate is deemed
mentally unfit, the warden or the warden’s representative shall
contact the inmate’s emergency contact and provide the information
described in paragraph (2).

(5) The warden or the warden’s representative shall provide the
prisoner and his or her family member, agent, or emergency
contact, as described in paragraph (4), updated information
throughout the recall and resentencing process with regard to the
prisoner’s medical condition and the status of the prisoner’s recall
and resentencing proceedings.

(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may
independently request consideration for recall and resentencing
by contacting the chief medical officer at the prison or the
secretary. Upon receipt of the request, the chief medical officer
and the warden or the warden’s representative shall follow the
procedures described in paragraph (4). If the secretary determines
that the prisoner satisfies the criteria set forth in paragraph (2), the
secretary or board may recommend to the court that the prisoner’s
sentence be recalled. The secretary shall submit a recommendation
for release within 30 days in the case of inmates sentenced to
determinate terms and, in the case of inmates sentenced to
indeterminate terms, the secretary shall make a recommendation
to the Board of Parole Hearings with respect to the inmates who
have applied under this section. The board shall consider this
information and make an independent judgment pursuant to
paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.

(7) Any recommendation for recall submitted to the court by
the secretary or the Board of Parole Hearings shall include one or
more medical evaluations, a postrelease plan, and findings pursuant
to paragraph (2).

(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.

(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours
of receipt of the court’s order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden’s
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary,
full medical records, state identification, parole medications, and
all property belonging to the prisoner. After discharge, any
additional records shall be sent to the prisoner’s forwarding
address.

(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who
is given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.

(f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that
a defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required
to register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.

(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.

(h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment
in a county jail for 16 months, or two or three years.

(2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment
in a county jail for the term described in the underlying offense.

(3) Notwithstanding paragraphs (1) and (2), where the defendant
(A) has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7 or a prior or current
conviction for a violent felony described in subdivision (c) of
Section 667.5, (B) has a prior felony conviction in another
jurisdiction for an offense that has all the elements of a serious
felony described in subdivision (c) of Section 1192.7 or a violent
felony described in subdivision (c) of Section 667.5, (C) is required
to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
and as part of the sentence an enhancement pursuant to Section
186.11 is imposed, an executed sentence for a felony punishable
pursuant to this subdivision shall be served in state prison.

(4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.

(5) (A) Unless the court finds, in the interest of justice, that it
is not appropriate in a particular case, the court, when imposing a
sentence pursuant to paragraph (1) or begin delete (2) of this subdivision, end delete begin insert (2), end insert
shall suspend execution of a concluding portion of the term for a
period selected at the court’s discretion.

(B) The portion of a defendant’s sentenced term that is
suspended pursuant to this paragraph shall be known as mandatory
supervision, begin delete and shall begin upon release from custody end delete begin insert and, unless
otherwise ordered by the court, shall commence upon release from
physical custody or an alternative custody program, whichever is
later end insert . During the period of mandatory supervision, the defendant
shall be supervised by the county probation officer in accordance
with the terms, conditions, and procedures generally applicable to
persons placed on probation, for the remaining unserved portion
of the sentence imposed by the court. The period of supervision
shall be mandatory, and may not be earlier terminated except by
court order. Any proceeding to revoke or modify mandatory
supervision under this subparagraph shall be conducted pursuant
to either subdivisions (a) and (b) of Section 1203.2 or Section
1203.3. During the period when the defendant is under such
supervision, unless in actual custody related to the sentence
imposed by the court, the defendant shall be entitled to only actual
time credit against the term of imprisonment imposed by the court.
Any time period which is suspended because a person has
absconded shall not be credited toward the period of supervision.

(6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced
on or after October 1, 2011.

(7) The sentencing changes made to paragraph (5) by the act
that added this paragraph shall become effective and operative on
January 1, 2015, and shall be applied prospectively to any person
sentenced on or after January 1, 2015.

(i) This section shall become operative on January 1, 2017.

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 1203.016 of the Penal Code is amended to
read:

1203.016.  

(a) Notwithstanding any other law, the board of
supervisors of any county may authorize the correctional
administrator, as defined in subdivision (h), 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 under the auspices of the probation
officer.

(b) The board of supervisors, in consultation with the
correctional administrator, may prescribe reasonable rules and
regulations under which a home detention program may operate.
As a condition of participation in the home detention program, the
inmate shall give his or her consent in writing to participate in the
home detention program and shall in writing agree to comply or,
for involuntary participation, the inmate shall be informed in
writing that he or she shall comply, with the rules and regulations
of the program, including, but not limited to, the following rules:

(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.

(2) The participant shall admit any person or agent designated
by the correctional administrator into his or her residence at any
time for purposes of verifying the participant’s compliance with
the conditions of his or her detention.

(3) The participant shall agree to the use of electronic
monitoring, which may include global positioning system devices
or other supervising devices for the purpose of helping to verify
his or her compliance with the rules and regulations of the home
detention program. The devices shall not be used to eavesdrop or
record any conversation, except a conversation between the
participant and the person supervising the participant which is to
be used solely for the purposes of voice identification.

(4) The participant shall agree that the correctional administrator
in charge of the county correctional facility from which the
participant was released may, without further order of the court,
immediately retake the person into custody to serve the balance
of his or her sentence if the electronic monitoring or supervising
devices are unable for any reason to properly perform their function
at the designated place of home detention, if the person fails to
remain within the place of home detention as stipulated in the
agreement, if the person willfully fails to pay fees to the provider
of electronic home detention services, as stipulated in the
agreement, subsequent to the written notification of the participant
that the payment has not been received and that return to custody
may result, or if the person for any other reason no longer meets
the established criteria under this section. A copy of the agreement
shall be delivered to the participant and a copy retained by the
correctional administrator.

(c) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the
designated place of confinement, the peace officer may, under
general or specific authorization of the correctional administrator,
and without a warrant of arrest, retake the person into custody to
complete the remainder of the original sentence.

(d) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in a home
detention program only if the correctional administrator concludes
that the person meets the criteria for release established under this
section and that the person’s participation is consistent with any
reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.

(1) The rules and regulations and administrative policy of the
program shall be written and reviewed on an annual basis by the
county board of supervisors and the correctional administrator.
The rules and regulations shall be given to or made available to
any participant upon request.

(2) The correctional administrator, or his or her designee, shall
have the sole discretionary authority to permit program
participation as an alternative to physical custody. All persons
referred or recommended by the court to participate in the home
detention program pursuant to subdivision (e) who are denied
participation or all persons removed from program participation
shall be notified in writing of the specific reasons for the denial
or removal. The notice of denial or removal shall include the
participant’s appeal rights, as established by program administrative
policy.

(e) The court may recommend or refer a person to the
correctional administrator for consideration for placement in the
home detention program. The recommendation or referral of the
court shall be given great weight in the determination of acceptance
or denial. At the time of sentencing or at any time that the court
deems it necessary, the court may restrict or deny the defendant’s
participation in a home detention program.

(f) The correctional administrator may permit home detention
program participants to seek and retain employment in the
community, attend psychological counseling sessions or
educational or vocational training classes, or seek medical and
dental assistance. Willful failure of the program participant to
return to the place of home detention not later than the expiration
of any period of time during which he or she is authorized to be
away from the place of home detention pursuant to this section
and unauthorized departures from the place of home detention are
punishable as provided in Section 4532.

(g) The board of supervisors may prescribe a program
administrative fee to be paid by each home detention participant
that shall be determined according to his or her ability to pay.
Inability to pay all or a portion of the program fees shall not
preclude participation in the program, and eligibility shall not be
enhanced by reason of ability to pay. All program administration
and supervision fees shall be administered in compliance with
Section 1208.2.

(h) As used in this section, “Correctional administrator” means
the sheriff, probation officer, or director of the county department
of corrections.

(i) Notwithstanding any other law, the police department of a
city where an office is located to which persons on an electronic
monitoring program report may request the county correctional
administrator to provide information concerning those persons.
This information shall be limited to the name, address, date of
birth, offense committed by the home detainee, and if available,
begin insert at the discretion of the supervising agency and solely for
investigatory end insert begin insert purposes, end insert current and historical GPS coordinates of
the home detainee. A begin delete police end delete begin insert law enforcement end insert department that does
not have the primary responsibility to supervise participants in the
electronic monitoring program that receives information pursuant
to this subdivision shall not use the information to conduct
enforcement actions based on administrative violations of the home
detention program. A begin delete police end delete begin insert law enforcement end insert department that has
knowledge that the subject in a criminal investigation is a
participant in an electronic monitoring program shall 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.

(j) It is the intent of the Legislature that home detention
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:

(1) The correctional administrator, with the approval of the
board of supervisors, may administer a home detention program
pursuant to written contracts with appropriate public or private
agencies or entities to provide specified program services. No
public or private agency or entity may operate a home detention
program in any county without a written contract with that county’s
correctional administrator. However, this does not apply to the use
of electronic monitoring by the Department of Corrections and
Rehabilitation. No public or private agency or entity entering into
a contract may itself employ any person who is in the home
detention program.

(2) Program acceptance shall not circumvent the normal booking
process for sentenced offenders. All home detention program
participants shall be supervised.

(3) (A) All privately operated home detention programs shall
be under the jurisdiction of, and subject to the terms and conditions
of the contract entered into with, the correctional administrator.

(B) Each contract shall include, but not be limited to, all of the
following:

(i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards promulgated
by state correctional agencies and bodies, including the Corrections
Standards Authority, and all statutory provisions and mandates,
state and county, as appropriate and applicable to the operation of
home detention programs and the supervision of sentenced
offenders in a home detention program.

(ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.

(iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted and
approved by the board of supervisors, in amounts and under
conditions sufficient to fully indemnify the county for reasonably
foreseeable public liability, including legal defense costs, that may
arise from, or be proximately caused by, acts or omissions of the
contractor. The contract shall provide for annual review by the
correctional administrator to ensure compliance with requirements
set by the board of supervisors and for adjustment of the financial
responsibility requirements if warranted by caseload changes or
other factors.

(iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates
of insurance or copies of insurance policies, prior to commencing
any operations pursuant to the contract or at any time requested
by the board of supervisors or correctional administrator.

(v) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity
at any time that the contractor fails to demonstrate evidence of
financial responsibility.

(C) All privately operated home detention programs shall
comply with all appropriate, applicable ordinances and regulations
specified in subdivision (a) of Section 1208.

(D) The board of supervisors, the correctional administrator,
and the designee of the correctional administrator shall comply
with Section 1090 of the Government Code in the consideration,
making, and execution of contracts pursuant to this section.

(E) The failure of the private agency or entity to comply with
statutory provisions and requirements or with the standards
established by the contract and with the correctional administrator
may be sufficient cause to terminate the contract.

(F) Upon the discovery that a private agency or entity with
whom there is a contract is not in compliance pursuant to this
paragraph, the correctional administrator shall give 60 days’ notice
to the director of the private agency or entity that the contract may
be canceled if the specified deficiencies are not corrected.

(G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.

(k) For purposes of this section, “evidence of financial
responsibility” may include, but is not limited to, certified copies
of any of the following:

(1) A current liability insurance policy.

(2) A current errors and omissions insurance policy.

(3) A surety bond.

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 1203.018 of the Penal Code is amended to
read:

1203.018.  

(a) Notwithstanding any other law, this section shall
only apply to inmates being held in lieu of bail and on no other
basis.

(b) Notwithstanding any other law, the board of supervisors of
any county may authorize the correctional administrator, as defined
in paragraph (1) of subdivision (k), 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 the conditions specified in subdivision (c) are met.

(c) (1) In order to qualify for participation in an electronic
monitoring program pursuant to this section, the inmate shall be
an inmate with no holds or outstanding warrants to whom one of
the following circumstances applies:

(A) The inmate has been held in custody for at least 30 calendar
days from the date of arraignment pending disposition of only
misdemeanor charges.

(B) The inmate has been held in custody pending disposition
of charges for at least 60 calendar days from the date of
arraignment.

(C) The inmate is appropriate for the program based on a
determination by the correctional administrator that the inmate’s
participation would be consistent with the public safety interests
of the community.

(2) All participants shall be subject to discretionary review for
eligibility and compliance by the correctional administrator
consistent with this section.

(d) The board of supervisors, after consulting with the sheriff
and district attorney, may prescribe reasonable rules and regulations
under which an electronic monitoring program pursuant to this
section may operate. As a condition of participation in the
electronic monitoring program, the participant shall give his or
her consent in writing to participate and shall agree in writing to
comply with the rules and regulations of the program, including,
but not limited to, all of the following:

(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.

(2) The participant shall admit any person or agent designated
by the correctional administrator into his or her residence at any
time for purposes of verifying the participant’s compliance with
the conditions of his or her detention.

(3) The electronic monitoring may include global positioning
system devices or other supervising devices for the purpose of
helping to verify the participant’s compliance with the rules and
regulations of the electronic monitoring program. The electronic
devices shall not be used to eavesdrop or record any conversation,
except a conversation between the participant and the person
supervising the participant to be used solely for the purposes of
voice identification.

(4) The correctional administrator in charge of the county
correctional facility from which the participant was released may,
without further order of the court, immediately retake the person
into custody if the electronic monitoring or supervising devices
are unable for any reason to properly perform their function at the
designated place of home detention, if the person fails to remain
within the place of home detention as stipulated in the agreement,
if the person willfully fails to pay fees to the provider of electronic
home detention services, as stipulated in the agreement, subsequent
to the written notification of the participant that the payment has
not been received and that return to custody may result, or if the
person for any other reason no longer meets the established criteria
under this section.

(5) A copy of the signed consent to participate and a copy of
the agreement to comply with the rules and regulations shall be
provided to the participant and a copy shall be retained by the
correctional administrator.

(e) The rules and regulations and administrative policy of the
program shall be reviewed on an annual basis by the county board
of supervisors and the correctional administrator. The rules and
regulations shall be given to every participant.

(f) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the
designated place of confinement, the peace officer may, under
general or specific authorization of the correctional administrator,
and without a warrant of arrest, retake the person into custody.

(g) (1) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in an
electronic monitoring program only if the correctional administrator
concludes that the person meets the criteria for release established
under this section and that the person’s participation is consistent
with any reasonable rules and regulations prescribed by the board
of supervisors or the administrative policy of the correctional
administrator.

(2) The correctional administrator, or his or her designee, shall
have discretionary authority consistent with this section to permit
program participation as an alternative to physical custody. All
persons approved by the correctional administrator to participate
in the electronic monitoring program pursuant to subdivision (c)
who are denied participation and all persons removed from program
participation shall be notified in writing of the specific reasons for
the denial or removal. The notice of denial or removal shall include
the participant’s appeal rights, as established by program
administrative policy.

(h) The correctional administrator may permit electronic
monitoring program participants to seek and retain employment
in the community, attend psychological counseling sessions or
educational or vocational training classes, or seek medical and
dental assistance.

(i) Willful failure of the program participant to return to the
place of home detention prior to the expiration of any period of
time during which he or she is authorized to be away from the
place of home detention pursuant to this section and unauthorized
departures from the place of home detention is punishable pursuant
to Section 4532.

(j) The board of supervisors may prescribe a program
administrative fee to be paid by each electronic monitoring
participant.

(k) For purposes of this section, the following terms have the
following meanings:

(1) “Correctional administrator” means the sheriff, probation
officer, or director of the county department of corrections.

(2) “Electronic monitoring program” includes, but is not limited
to, home detention programs, work furlough programs, and work
release programs.

(l) Notwithstanding any other law, upon request of a local law
enforcement agency with jurisdiction over the location where a
participant in an electronic monitoring program is placed, the
correctional administrator shall provide the following information
regarding participants in the electronic monitoring program:

(1) The participant’s name, address, and date of birth.

(2) The offense or offenses alleged to have been committed by
the participant.

(3) The period of time the participant will be placed on home
detention.

(4) Whether the participant successfully completed the
prescribed period of home detention or was returned to a county
correctional facility, and if the person was returned to a county
correctional facility, the reason for the return.

(5) The gender and ethnicity of the participant.

begin delete

(6) Current and

end delete

begin insert (m) end insert begin insert   end insert begin insert Notwithstanding any other law, upon request of a local law
enforcement agency with jurisdiction over the location where a
participant in an electronic monitoring program is placed, the
correctional administrator may, in his or her discretion and solely
for investigatory purposes, provide current and end insert historical GPS
coordinates, if available.

begin delete

(m)

end delete

begin insert (n) end insert  A law enforcement agency that does not have the primary
responsibility to supervise participants in the electronic monitoring
program that receives information pursuant to subdivision (l) shall
not use the information to conduct enforcement actions based on
administrative violations of the home detention program. An
agency that has knowledge that the subject in a criminal
investigation is a participant in an electronic monitoring program
shall 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.

begin delete

(n)

end delete

begin insert (o) end insert  It is the intent of the Legislature that electronic monitoring
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:

(1) The correctional administrator, with the approval of the
board of supervisors, may administer an electronic monitoring
program as provided in this section pursuant to written contracts
with appropriate public or private agencies or entities to provide
specified program services. A public or private agency or entity
shall not operate a home detention program pursuant to this section
in any county without a written contract with that county’s
correctional administrator. A public or private agency or entity
entering into a contract pursuant to this subdivision shall not itself
employ any person who is in the electronic monitoring program.

(2) Program participants shall undergo the normal booking
process for arrestees entering the jail. All electronic monitoring
program participants shall be supervised.

(3) (A) All privately operated electronic monitoring programs
shall be under the jurisdiction of, and subject to the terms and
conditions of the contract entered into with, the correctional
administrator.

(B) Each contract specified in subparagraph (A) shall include,
but not be limited to, all of the following:

(i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards and all state
and county laws applicable to the operation of electronic
monitoring programs and the supervision of offenders in an
electronic monitoring program.

(ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.

(iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted to and
approved by the board of supervisors, in amounts and under
conditions sufficient to fully indemnify the county for reasonably
foreseeable public liability, including legal defense costs that may
arise from, or be proximately caused by, acts or omissions of the
contractor.

(iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates
of insurance or copies of insurance policies, prior to commencing
any operations pursuant to the contract or at any time requested
by the board of supervisors or correctional administrator.

(v) A provision that requires an annual review by the
correctional administrator to ensure compliance with requirements
set by the board of supervisors and for adjustment of the financial
responsibility requirements if warranted by caseload changes or
other factors.

(vi) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity
at any time that the contractor fails to demonstrate evidence of
financial responsibility.

(C) All privately operated electronic monitoring programs shall
comply with all applicable ordinances and regulations specified
in subdivision (a) of Section 1208.

(D) The board of supervisors, the correctional administrator,
and the designee of the correctional administrator shall comply
with Section 1090 of the Government Code in the consideration,
making, and execution of contracts pursuant to this section.

(E) The failure of the private agency or entity to comply with
state or county laws or with the standards established by the
contract with the correctional administrator shall constitute cause
to terminate the contract.

(F) Upon the discovery that a private agency or entity with
which there is a contract is not in compliance with this paragraph,
the correctional administrator shall give 60 days’ notice to the
director of the private agency or entity that the contract may be
canceled if the specified deficiencies are not corrected.

(G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.

(H) For purposes of this section, “evidence of financial
responsibility” may include, but is not limited to, certified copies
of any of the following:

(i) A current liability insurance policy.

(ii) A current errors and omissions insurance policy.

(iii) A surety bond.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

Section 2900.5 of the Penal Code is amended to read:

2900.5.  

(a) In all felony and misdemeanor convictions, either
by plea or by verdict, when the defendant has been in custody,
including, but not limited to, any time spent in a jail, camp, work
furlough facility, halfway house, rehabilitation facility, hospital,
prison, juvenile detention facility, or similar residential institution,
all days of custody of the defendant, including days served as a
condition of probation in compliance with a court order, credited
to the period of confinement pursuant to Section 4019, and days
served in home detention pursuant to Section 1203.016 or
1203.018, shall be credited upon his or her term of imprisonment,
or credited to any fine, including, but not limited to, base fines, on
a proportional basis, that may be imposed, at the rate of not less
than thirty dollars ($30) per day, or more, in the discretion of the
court imposing the sentence. If the total number of days in custody
exceeds the number of days of the term of imprisonment to be
imposed, the entire term of imprisonment shall be deemed to have
been served. In any case where the court has imposed both a prison
or jail term of imprisonment and a fine, any days to be credited to
the defendant shall first be applied to the term of imprisonment
imposed, and thereafter the remaining days, if any, shall be applied
to the fine, including, but not limited to, base fines, on a
proportional basis.

(b) For the purposes of this section, credit shall be given only
where the custody to be credited is attributable to proceedings
related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of
custody attributable to multiple offenses for which a consecutive
sentence is imposed.

(c) For the purposes of this section, “term of imprisonment”
includes any period of imprisonment imposed as a condition of
probation or otherwise ordered by a court in imposing or
suspending the imposition of any sentence, and also includes any
term of imprisonment, including any period of imprisonment prior
to release on parole and any period of imprisonment and parole,
prior to discharge, whether established or fixed by statute, by any
court, or by any duly authorized administrative agency.

(d) It is the duty of the court imposing the sentence to determine
the date or dates of any admission to, and release from, custody
prior to sentencing and the total number of days to be credited
pursuant to this section. The total number of days to be credited
shall be contained in the abstract of judgment provided for in
Section 1213.

(e) It is the duty of any agency to which a person is committed
to apply the credit provided for in this section for the period
between the date of sentencing and the date the person is delivered
to the agency.

(f) If a defendant serves time in a camp, work furlough facility,
halfway house, rehabilitation facility, hospital, juvenile detention
facility, similar residential facility, or home detention program
pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of
imprisonment in a county jail, the time spent in these facilities or
programs shall qualify as mandatory time in jail.

(g) Notwithstanding any other provision of this code as it
pertains to the sentencing of convicted offenders, this section does
not authorize the sentencing of convicted offenders to any of the
facilities or programs mentioned herein.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

Section 4019 of the Penal Code is amended to read:

4019.  

(a) The provisions of this section shall apply in all of
the following cases:

(1) When a prisoner is confined in or committed to a county
jail, industrial farm, or road camp, or any city jail, industrial farm,
or road camp, including all days of custody from the date of arrest
to the date on which the serving of the sentence commences, under
a judgment of imprisonment, or a fine and imprisonment until the
fine is paid in a criminal action or proceeding.

(2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial farm,
or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence,
in a criminal action or proceeding.

(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial farm,
or road camp for a definite period of time for contempt pursuant
to a proceeding, other than a criminal action or proceeding.

(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp following
arrest and prior to the imposition of sentence for a felony
conviction.

(5) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp as part
of custodial sanction imposed following a violation of postrelease
community supervision or parole.

(6) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp as a result
of a sentence imposed pursuant to subdivision (h) of Section 1170.

begin insert

(7) When a prisoner participates in a program pursuant to
Section 1203.016 or Section 4024.2.

end insert

(b) Subject to the provisions of subdivision (d), for each four-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her 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.

(c) For each four-day period in which a prisoner is confined in
or committed to a facility as specified in this section, one day shall
be deducted from his or her 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.

(d) This section does not require the sheriff, chief of police, or
superintendent of an industrial farm or road camp to assign labor
to a prisoner if it appears from the record that the prisoner has
refused to satisfactorily perform labor as assigned or that the
prisoner has not satisfactorily complied with the reasonable rules
and regulations of the sheriff, chief of police, or superintendent of
any industrial farm or road camp.

(e) A deduction shall not be made under this section unless the
person is committed for a period of four days or longer.

(f) It is the intent of the Legislature that if all days are earned
under this section, a term of four days will be deemed to have been
served for every two days spent in actual custody.

(g) The changes in this section as enacted by the act that added
this subdivision shall apply to prisoners who are confined to a
county jail, city jail, industrial farm, or road camp for a crime
committed on or after the effective date of that act.

(h) The changes to this section enacted by the act that added
this subdivision shall apply prospectively and shall apply to
prisoners who are confined to a county jail, city jail, industrial
farm, or road camp for a crime committed on or after October 1,
2011. Any days earned by a prisoner prior to October 1, 2011,
shall be calculated at the rate required by the prior law.

(i) This section shall not apply, and no credits may be earned,
for periods of flash incarceration imposed pursuant to Section
3000.08 or 3454.

begin delete

(j) This section shall also apply to prisoners confined pursuant
to Section 1203.016 or 1203.018 on or after January 1, 2015. Any
days earned prior to January 1, 2015, shall be calculated at the rate
specified by law applicable prior to January 1, 2015.

end delete begin insert

(j) This section shall apply prospectively.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 7. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.