Senate BillNo. 219


Introduced by Senator Liu

February 12, 2015


An act to amend Section 1170.05 of the Penal Code, relating to prisons.

LEGISLATIVE COUNSEL’S DIGEST

SB 219, as introduced, Liu. Prisons: alternative custody.

Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to offer a program under which female inmates who are committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison. Existing law defines an alternative custody program to include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers appropriate services. Existing law provides that female inmates sentenced to determinate sentences shall be eligible for participation in the program, subject to certain disqualifying criteria.

Except as specified, existing law requires the suspension of certain Medi-Cal benefits to an individual who is an inmate of a public institution. Existing law requires the state to retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program.

This bill would additionally exclude a person who was sentenced to state prison pursuant to an initiative statute from participation in the program.

This bill would provide that an inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility for the program.

The bill would also prescribe specific timeframes for, among other things, the review of an application to participate in the program and notifying an applicant when a determination has been made on that application. The bill would require a notice of denial to specify the reasons the inmate has been denied participation in the program, and authorize an inmate to reapply for participation in the program or appeal a denial, as specified.

The bill would also require the secretary or his or her designee to assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. The bill would require that, to the extent not covered by a participant’s health care coverage, the state would retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1170.05 of the Penal Code is amended
2to read:

3

1170.05.  

(a) Notwithstanding any other law, the Secretary of
4the Department of Corrections and Rehabilitation is authorized to
5offer a program under which female inmates as specified in
6subdivision (c), who are not precluded by subdivision (d), and who
7have been committed to state prison may be allowed to participate
8in a voluntary alternative custody program as defined in subdivision
9(b) in lieu of their confinement in state prison. In order to qualify
10for the program an offender need not be confined in an institution
11under the jurisdiction of the Department of Corrections and
12Rehabilitation. Under this program, one day of participation in an
13alternative custody program shall be in lieu of one day of
14incarceration in the state prison. Participants in the program shall
15receive any sentence reduction credits that they would have
16received had they served their sentence in the state prison, and
17shall be subject to denial and loss of credit pursuant to subdivision
18(a) of Section 2932. The department may enter into contracts with
19county agencies, not-for-profit organizations, for-profit
P3    1organizations, and others in order to promote alternative custody
2placements.

3(b) As used in this section, an alternative custody program shall
4include, but not be limited to, the following:

5(1) Confinement to a residential home during the hours
6designated by the department.

7(2) Confinement to a residential drug or treatment program
8during the hours designated by the department.

9(3) Confinement to a transitional care facility that offers
10appropriate services.

11(c) Except as provided by subdivision (d), female inmates
12sentenced to state prison for a determinate term of imprisonment
13pursuant to Section 1170, and only those persons,begin delete shall beend deletebegin insert areend insert
14 eligible to participate in the alternative custody program authorized
15by this section.

16(d) An inmate committed to the state prison who meets any of
17the following criteriabegin delete shallend deletebegin insert isend insert notbegin delete beend delete eligible to participate in the
18alternative custody program:

19(1) The person has a current conviction for a violent felony as
20defined in Section 667.5.

21(2) The person has a current conviction for a serious felony as
22defined in Sections 1192.7 and 1192.8.

23(3) The person has a current or prior conviction for an offense
24that requires the person to register as a sex offender as provided
25in Chapter 5.5 (commencing with Section 290) of Title 9 of Part
261.

begin insert

27(4) The person was sentenced to state prison pursuant to an
28initiative statute.

end insert
begin delete

29(4)

end delete

30begin insert(5)end insert The person was screened by the department using a validated
31risk assessment tool and determined to pose a high risk to commit
32a violent offense.

begin delete

33(5)

end delete

34begin insert(6)end insert The person has a history, within the last 10 years, of escape
35from a facility while under juvenile or adult custody, including,
36but not limited to, any detention facility, camp, jail, or state prison
37facility.

38(e) An alternative custody program shall include the use of
39electronic monitoring, global positioning system devices, or other
40supervising devices for the purpose of helping to verify a
P4    1participant’s compliance with the rules and regulations of the
2program. The devices shall not be used to eavesdrop or record any
3conversation, except a conversation between the participant and
4the person supervising the participant, in which case the recording
5of such a conversation is to be used solely for the purposes of voice
6identification.

7(f) (1) In order to implement alternative custody for the
8population specified in subdivision (c), the department shall create,
9and the participant shall agree to and fully participate in, an
10individualized treatment and rehabilitation plan. When available
11and appropriate for the individualized treatment and rehabilitation
12plan, the department shall prioritize the use of evidence-based
13programs and services that will aid in the successful reentry into
14society while she takes part in alternative custody. Case
15management services shall be provided to support rehabilitation
16and to track the progress and individualized treatment plan
17compliance of the inmate.

18(2) For purposes of this section, “evidence-based practices”
19means supervision policies, procedures, programs, and practices
20demonstrated by scientific research to reduce recidivism among
21individuals under probation, parole, or postrelease community
22supervision.

23(g) The secretary shall prescribe reasonable rules and regulations
24under which the alternative custody program shall operate. The
25department shall adopt regulations necessary to effectuate this
26section, including emergency regulations as provided under Section
275058.3 and adopted pursuant to the Administrative Procedure Act
28(Chapter 3.5 (commencing with Section 11340) of Part 1 of
29Division 3 of Title 2 of the Government Code). The participant
30shall be informed in writing that she shall comply with the rules
31and regulations of the program, including, but not limited to, the
32following rules:

33(1) The participant shall remain within the interior premises of
34her residence during the hours designated by the secretary or his
35or her designee.

36(2) The participant shall be subject to search and seizure by a
37peace officer at any time of the day or night, with or without cause.
38In addition, the participant shall admit any peace officer designated
39by the secretary or his or her designee into the participant’s
40residence at any time for purposes of verifying the participant’s
P5    1compliance with the conditions of her detention. Prior to
2participation in the alternative custody program, all participants
3shall agree in writing to these terms and conditions.

4(3) The secretary or his or her designee may immediately retake
5the participant into custody to serve the balance of her sentence if
6the electronic monitoring or supervising devices are unable for
7any reason to properly perform their function at the designated
8place of detention, if the participant fails to remain within the place
9of detention as stipulated in the agreement, or if the participant for
10any other reason no longer meets the established criteria under this
11section.

12(h) Whenever a peace officer supervising a participant has
13reasonable suspicion to believe that the participant is not complying
14with the rules or conditions of the program, or that the electronic
15monitoring devices are unable to function properly in the
16designated place of confinement, the peace officer may, under
17general or specific authorization of the secretary or his or her
18designee, and without a warrant of arrest, retake the participant
19into custody to complete the remainder of the original sentence.

20(i) begin deleteNothing in this end deletebegin insertThis end insertsectionbegin delete shall be construed toend deletebegin insert does notend insert
21 require the secretary or his or her designee to allow an inmate to
22participate in this program if it appears from the record that the
23inmate has not satisfactorily complied with reasonable rules and
24regulations while in custody. An inmatebegin delete shall beend deletebegin insert isend insert eligible for
25 participation in an alternative custody program only if the secretary
26or his or her designee concludes that the inmate meets the criteria
27for program participation established under this section and that
28the inmate’s participation is consistent with any reasonable rules
29and regulations prescribed by the secretary.

30(1) The rules and regulations and administrative policies of the
31program shall be written and shall be given or made available to
32the participant upon assignment to the alternative custody program.

33(2) The secretary or his or her designee shall have the sole
34discretion concerning whether to permit program participation as
35an alternative to custody in state prison. A risk and needs
36assessment shall be completed on each inmate to assist in the
37determination of eligibility for participation and the type of
38alternative custody.

begin insert

39(3) An inmate’s existing psychiatric or medical condition that
40requires ongoing care is not a basis for excluding the inmate from
P6    1eligibility to participate in an alternative custody program
2authorized by this section.

end insert
begin insert

3(j) The secretary or his or her designee shall establish a timeline
4for the application process. The secretary or his or her designee
5shall respond to an applicant within two weeks of his or her
6application to inform the inmate that the application was received,
7and to notify the inmate of the ineligibility criteria of the program.
8The individualized treatment and rehabilitation plan described in
9subdivision (f) shall be developed during the two weeks following
10the notice of receipt of the application, in consultation with the
11inmate, during which time the decision whether to accept the
12inmate into the program shall be made, and the secretary or his
13or her designee shall provide a written notice to the inmate of his
14or her acceptance or denial into the program. The inmate shall
15be released to the program no later than five business days
16following notice of acceptance into the program. If the inmate is
17denied participation in the program, the notice of denial shall
18specify the reason the inmate was denied. The secretary or his or
19her designee shall maintain a record of the application and notice
20of denials for participation. The inmate may, 30 days after the
21notice of denial, reapply for participation in the program, or appeal
22the decision through normal grievance procedures.

end insert
begin delete

23(j)

end delete

24begin insert(k)end insert The secretary or his or her designee shall permit program
25participants to seek and retain employment in the community,
26attend psychological counseling sessions or educational or
27vocational training classes, participate in life skills or parenting
28training, utilize substance abuse treatment services, or seek medical
29and dental assistance based upon the participant’s individualized
30treatment and release plan. Participation in other rehabilitative
31services and programs may be approved by the case manager if it
32is specified as a requirement of the inmate’s individualized
33treatment and rehabilitative case plan. Willful failure of the
34program participant to return to the place of detention not later
35than the expiration of any period of time during which she is
36authorized to be away from the place of detention pursuant to this
37section, unauthorized departures from the place of detention, or
38tampering with or disabling, or attempting to tamper with or
39disable, an electronic monitoring device shall subject the participant
40to a return to custody pursuant to subdivisions (g) and (h). In
P7    1addition, participants may be subject to forfeiture of credits
2pursuant to the provisions of Section 2932, or to discipline for
3violation of rules established by the secretary.

begin delete

4(k)

end delete

5begin insert(l)end insert (1) Notwithstanding any other law, the secretary or his or
6her designee shall provide the information specified in paragraph
7(2) regarding participants in an alternative custody program to the
8law enforcement agencies of the jurisdiction in which persons
9participating in an alternative custody program reside.

10(2) The information required by paragraph (1) shall consist of
11the following:

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

13(B) The offense committed by the participant.

14(C) The period of time the participant will be subject to an
15alternative custody program.

16(3) The information received by a law enforcement agency
17pursuant to this subdivision may be used for the purpose of
18monitoring the impact of an alternative custody program on the
19community.

begin delete

20(l)

end delete

21begin insert(m)end insert It is the intent of the Legislature that the alternative custody
22program established under this section maintain the highest public
23confidence, credibility, and public safety. In the furtherance of
24these standards, the secretary may administer an alternative custody
25program pursuant to written contracts with appropriate public
26agencies or entities to provide specified program services. No
27public agency or entity entering into a contract may itself employ
28any person who is in an alternative custody program. The
29department shall determine the recidivism rate of each participant
30in an alternative custody program.

begin delete

31(m)

end delete

32begin insert(n)end insert An inmate participating in this programbegin delete mustend deletebegin insert shallend insert
33 voluntarily agree to all of the provisions of the program in writing,
34including that she may be returned to confinement at any time with
35or without cause, and shall not be charged fees or costs for the
36program.

begin insert

37(o) (1) The secretary or his or her designee shall assist an
38individual participating in the alternative custody program in
39obtaining health care coverage, including, but not limited to,
40assistance with having suspended Medi-Cal benefits reinstated,
P8    1applying for Medi-Cal benefits, or obtaining health care coverage
2under a private health plan or policy.

end insert
begin delete

3(n) The

end delete

4begin insert(2)end insertbegin insertend insertbegin insertTo the extent not covered by a participant’s health care
5coverage, theend insert
state shall retain responsibility for the medical,
6dental, and mental health needs of individuals participating in the
7alternative custody program.

begin delete

8(o)

end delete

9begin insert(p)end insert The secretary shall adopt emergency regulations specifically
10governing participants in this program.

begin delete

11(p)

end delete

12begin insert(q)end insert If a phrase, clause, sentence, or provision of this section or
13application thereof to a person or circumstance is held invalid, that
14invalidity shall not affect any other phrase, clause, sentence, or
15provision or application of this section, which can be given effect
16without the invalid phrase, clause, sentence, or provision or
17application and to this end the provisions of this section are
18declared to be severable.



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