Amended in Assembly July 9, 2015

Amended in Senate June 1, 2015

Amended in Senate March 26, 2015

Senate BillNo. 219


Introduced by Senator Liu

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(Principal coauthor: Senator Hancock)

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February 12, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

SB 219, as amended, 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 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 thebegin delete program andend deletebegin insert program,end insert notifying an applicant when a determination has been made on thatbegin delete application.end deletebegin insert application, the development of an individualized treatment and rehabilitation plan, and release of the inmate into the program.end insert 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
P3    1receive any sentence reduction credits that they would have
2received had they served their sentence in the state prison, and
3shall be subject to denial and loss of credit pursuant to subdivision
4(a) of Section 2932. The department may enter into contracts with
5county agencies, not-for-profit organizations, for-profit
6organizations, and others in order to promote alternative custody
7placements.

8(b) As used in this section, an alternative custody program shall
9include, but not be limited to, the following:

10(1) Confinement to a residential home during the hours
11designated by the department.

12(2) Confinement to a residential drug or treatment program
13during the hours designated by the department.

14(3) Confinement to a transitional care facility that offers
15appropriate services.

16(c) Except as provided by subdivision (d), female inmates
17sentenced to state prison for a determinate term of imprisonment
18pursuant to Section 1170, and only those persons, are eligible to
19participate in the alternative custody program authorized by this
20section.

21(d) An inmate committed to the state prison who meets any of
22the following criteria is not eligible to participate in the alternative
23custody program:

24(1) The person has a current conviction for a violent felony as
25defined in Section 667.5.

26(2) The person has a current conviction for a serious felony as
27defined in Sections 1192.7 and 1192.8.

28(3) The person has a current or prior conviction for an offense
29that requires the person to register as a sex offender as provided
30in Chapter 5.5 (commencing with Section 290) of Title 9 of Part
311.

32(4) The person was screened by the department using a validated
33risk assessment tool and determined to pose a high risk to commit
34a violent offense.

35(5) The person has a history, within the last 10 years, of escape
36from a facility while under juvenile or adult custody, including,
37but not limited to, any detention facility, camp, jail, or state prison
38facility.

39(e) An alternative custody program shall include the use of
40electronic monitoring, global positioning system devices, or other
P4    1supervising devices for the purpose of helping to verify a
2participant’s compliance with the rules and regulations of the
3program. The devices shall not be used to eavesdrop or record any
4conversation, except a conversation between the participant and
5the person supervising the participant, in which case the recording
6of such a conversation is to be used solely for the purposes of voice
7identification.

8(f) (1) In order to implement alternative custody for the
9population specified in subdivision (c), the department shall create,
10and the participant shall agree to and fully participate in, an
11individualized treatment and rehabilitation plan. When available
12and appropriate for the individualized treatment and rehabilitation
13plan, the department shall prioritize the use of evidence-based
14programs and services that will aid in the successful reentry into
15society while she takes part in alternative custody. Case
16management services shall be provided to support rehabilitation
17and to track the progress and individualized treatment plan
18compliance of the inmate.

19(2) For purposes of this section, “evidence-based practices”
20means supervision policies, procedures, programs, and practices
21demonstrated by scientific research to reduce recidivism among
22individuals under probation, parole, or postrelease community
23supervision.

24(g) The secretary shall prescribe reasonable rules and regulations
25under which the alternative custody program shall operate. The
26department shall adopt regulations necessary to effectuate this
27section, including emergency regulations as provided under Section
285058.3 and adopted pursuant to the Administrative Procedure Act
29(Chapter 3.5 (commencing with Section 11340) of Part 1 of
30Division 3 of Title 2 of the Government Code). The participant
31shall be informed in writing that she shall comply with the rules
32and regulations of the program, including, but not limited to, the
33following rules:

34(1) The participant shall remain within the interior premises of
35her residence during the hours designated by the secretary or his
36or her designee.

37(2) The participant shall be subject to search and seizure by a
38peace officer at any time of the day or night, with or without cause.
39In addition, the participant shall admit any peace officer designated
40by the secretary or his or her designee into the participant’s
P5    1residence at any time for purposes of verifying the participant’s
2compliance with the conditions of her detention. Prior to
3participation in the alternative custody program, all participants
4shall agree in writing to these terms and conditions.

5(3) The secretary or his or her designee may immediately retake
6the participant into custody to serve the balance of her sentence if
7the electronic monitoring or supervising devices are unable for
8any reason to properly perform their function at the designated
9place of detention, if the participant fails to remain within the place
10of detention as stipulated in the agreement, or if the participant for
11any other reason no longer meets the established criteria under this
12section.

13(h) Whenever a peace officer supervising a participant has
14reasonable suspicion to believe that the participant is not complying
15with the rules or conditions of the program, or that the electronic
16monitoring devices are unable to function properly in the
17designated place of confinement, the peace officer may, under
18general or specific authorization of the secretary or his or her
19designee, and without a warrant of arrest, retake the participant
20into custody to complete the remainder of the original sentence.

21(i) This section does not require the secretary or his or her
22designee to allow an inmate to participate in this program if it
23appears from the record that the inmate has not satisfactorily
24complied with reasonable rules and regulations while in custody.
25An inmate is eligible for participation in an alternative custody
26program only if the secretary or his or her designee concludes that
27the inmate meets the criteria for program participation established
28under this section and that the inmate’s participation is consistent
29with any reasonable rules and regulations prescribed by the
30secretary.

31(1) The rules and regulations and administrative policies of the
32program shall be written and shall be given or made available to
33the participant upon assignment to the alternative custody program.

34(2) The secretary or his or her designee shall have the sole
35discretion concerning whether to permit program participation as
36an alternative to custody in state prison. A risk and needs
37assessment shall be completed on each inmate to assist in the
38determination of eligibility for participation and the type of
39alternative custody.

P6    1(3) An inmate’s existing psychiatric or medical condition that
2requires ongoing care is not a basis for excluding the inmate from
3eligibility to participate in an alternative custody program
4authorized by this section.

5(j) The secretary or his or her designee shall establish a timeline
6for the application process. The secretary or his or her designee
7shall respond to an applicant within two weeks of her application
8to inform the inmate that the application was received, and to notify
9the inmate of the eligibility criteria of the program. The secretary
10or his or her designee shall provide a written notice to the inmate
11of her acceptance or denial into the program. The individualized
12treatment and rehabilitation plan described in subdivision (f) shall
13be developed, in consultation with the inmate, after the applicant
14has been foundbegin insert potentiallyend insert eligible for participation in the program
15and no later than 30 calendar days after thebegin insert potentialend insert eligibility
16determination.begin delete Theend deletebegin insert Except as necessary to comply with any release
17notification requirements, theend insert
inmate shall be released to the
18program no later thanbegin delete fiveend deletebegin insert sevenend insert business days following notice
19of acceptance into thebegin delete program.end deletebegin insert program, or if this is not possible
20in the case of an inmate to be placed in a residential drug or
21treatment program or in a transitional care facility, the first day
22a contracted bed becomes available at the requested location.end insert
If
23the inmate is denied participation in the program, the notice of
24denial shall specify the reason the inmate was denied. The secretary
25or his or her designee shall maintain a record of the application
26and notice of denials for participation. The inmate may appeal the
27decision through normal grievance procedures or reapply for
28participation in the program 30 days after the notice of the denial.

29(k) The secretary or his or her designee shall permit program
30participants to seek and retain employment in the community,
31attend psychological counseling sessions or educational or
32vocational training classes, participate in life skills or parenting
33training, utilize substance abuse treatment services, or seek medical
34and dental assistance based upon the participant’s individualized
35treatment and release plan. Participation in other rehabilitative
36services and programs may be approved by the case manager if it
37is specified as a requirement of the inmate’s individualized
38treatment and rehabilitative case plan. Willful failure of the
39program participant to return to the place of detention not later
40than the expiration of any period of time during which she is
P7    1authorized to be away from the place of detention pursuant to this
2section, unauthorized departures from the place of detention, or
3tampering with or disabling, or attempting to tamper with or
4disable, an electronic monitoring device shall subject the participant
5to a return to custody pursuant to subdivisions (g) and (h). In
6addition, participants may be subject to forfeiture of credits
7pursuant to the provisions of Section 2932, or to discipline for
8violation of rules established by the secretary.

9(l) (1) Notwithstanding any other law, the secretary or his or
10her designee shall provide the information specified in paragraph
11(2) regarding participants in an alternative custody program to the
12law enforcement agencies of the jurisdiction in which persons
13participating in an alternative custody program reside.

14(2) The information required by paragraph (1) shall consist of
15the following:

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

17(B) The offense committed by the participant.

18(C) The period of time the participant will be subject to an
19alternative custody program.

20(3) The information received by a law enforcement agency
21pursuant to this subdivision may be used for the purpose of
22monitoring the impact of an alternative custody program on the
23community.

24(m) It is the intent of the Legislature that the alternative custody
25program established under this section maintain the highest public
26confidence, credibility, and public safety. In the furtherance of
27these standards, the secretary may administer an alternative custody
28program pursuant to written contracts with appropriate public
29agencies or entities to provide specified program services. No
30public agency or entity entering into a contract may itself employ
31any person who is in an alternative custody program. The
32department shall determine the recidivism rate of each participant
33in an alternative custody program.

34(n) An inmate participating in this program shall voluntarily
35agree to all of the provisions of the program in writing, including
36that she may be returned to confinement at any time with or without
37cause, and shall not be charged fees or costs for the program.

38(o) (1) The secretary or his or her designee shall assist an
39individual participating in the alternative custody program in
40obtaining health care coverage, including, but not limited to,
P8    1assistance with having suspended Medi-Cal benefits reinstated,
2applying for Medi-Cal benefits, or obtaining health care coverage
3under a private health plan or policy.

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

8(p) The secretary shall adopt emergency regulations specifically
9governing participants in this program.

10(q) If a phrase, clause, sentence, or provision of this section or
11application thereof to a person or circumstance is held invalid, that
12invalidity shall not affect any other phrase, clause, sentence, or
13provision or application of this section, which can be given effect
14without the invalid phrase, clause, sentence, or provision or
15application and to this end the provisions of this section are
16declared to be severable.



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