BILL ANALYSIS Ó SB 219 Page 1 Date of Hearing: June 30, 2015 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair SB 219 (Liu) - As Amended June 1, 2015 SUMMARY: Provides that an inmate's psychiatric or medical condition is not a basis for excluding an inmate from California Department of Corrections and Rehabilitation's (CDCR) voluntary Alternative Custody Program (ACP), and establishes timelines for the processing of applications to participate in the program. Specifically, this bill: 1)Provides that an inmate's existing psychiatric condition or medical condition that requires ongoing care is not a basis SB 219 Page 2 for excluding the inmate from the CDCR's voluntary alternative custody program. 2)Prescribes specific time lines for, among other things, notice to the inmate of the receipt of the application to participate in the alternative custody program, notice of the eligibility criteria of the program, and written notice to the inmate of his or her acceptance or denial into the program. If an applicant is found eligible for the program, an individualized treatment program shall be developed in consultation with the inmate. If the inmate is denied participation in the program, the notice of denial shall specify the reason the inmate was denied. 3)Requires CDCR to maintain a record of the application and notice of the denials of participation in the alternative custody program, and allows an inmate, after denial of an application, to reapply for participation in the program, or appeal the decision through normal grievance procedures. 4)Require CDCR to assist individuals participating in the alternative custody program in obtaining health care coverage, including, but not limited to Medi-Cal benefits. EXISTING LAW: 1)Authorizes the Secretary of CDCR to offer a program under which female inmates, as specified, who have been committed to state prison may be allowed to participate in a voluntary ACP SB 219 Page 3 in lieu of their confinement in state prison. In order to qualify for the program an offender need not be confined in an institution under the jurisdiction of CDCR. Under this program, one day of participation is in lieu of one day of incarceration. Participants in the program receive any sentence reduction credits that they would have received had they served their sentence in the state prison, and shall be subject to denial and loss of credit, as specified. (Pen. Code, § 1170.05, subd. (a).) 2)Requires that an ACP include, but not be limited to the following: a) Confinement to a residential home during the hours designated by CDCR. b) Confinement to a residential treatment program during the hours designated by CDCR. c) Confinement to a transitional care facility that offers appropriate services. (Pen. Code, § 1170.05, subd. (b).) 3)Provides that female inmates sentenced to the state prison for a determinate term, and only those inmates, shall be eligible to participate in eh alternative custody program. (Pen. Code, § 1170.05, subd. (c).) 4)Prohibits an inmate committed to the state prison who meets any of the following criteria from participating in the alternative custody program: SB 219 Page 4 a) Has a current or prior conviction for a violent felony, as specified; b) Has a current or prior conviction for a serious felony, as specified; c) Has a current or prior conviction that requires the individual to register as a sex offender; d) Has been screened by CDCR using a validated risk assessment tool and is determined to pose a high risk to commit a violent offense; or, e) Has a history of escape from a facility while under juvenile or adult custody, within the last 10 years. (Pen. Code, § 1170.05, subd. (d).) 5)Requires an ACP to include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant's compliance with the rules and regulations of the program. (Pen. Code, § 1170.05, subd. (e).) 6)Requires CDCR to create, and the participant to agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the department shall prioritize the use of evidence-based programs and services that will aid in the successful reentry into society while she takes part in alternative custody. Case management services must be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate. (Pen. Code, § 1170.05, subd. (f).) 7)Requires the secretary of CDCR to prescribe reasonable rules and regulations under which the alternative custody program shall operate. Rules shall include, but are not limited to: SB 219 Page 5 a) The participant shall remain within the interior premises of his or her residence during the hours designated by the secretary or his or her designee. b) The participant is subject to search and seizure by a peace officer at any time with or without cause. The participant must admit any peace officer into the participant's residence to ensure the participant's compliance with the conditions of his or her detention. These terms must agree to these terms in writing prior to participation in the alternative custody program. c) The Secretary or his or her designee may immediately retake the participant into custody to serve the remainder 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 detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the established criteria under this section. (Pen. Code, § 1170.05 subd. (g)(1)-(3).) 8)States that CDCR is not required to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate is eligible for participation in an ACP only if it is concluded that the inmate meets the criteria for program participation and that the inmate's participation is consistent with any reasonable rules and regulations prescribed by CDCR. CDCR has the sole discretion concerning whether to permit program participation as an alternative to custody in state prison. A risk and needs assessment must be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody. (Pen. Code, § 1170.05, subd. (i).) SB 219 Page 6 9)Allows the secretary of CDCR or his or her designee to permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical and dental assistance based upon the participant's individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate's individualized treatment and rehabilitative case plan. Willful failure of the program participant to return to the place of detention not later than the expiration of any period of time during which she is authorized to be away, unauthorized departures, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device subjects the participant to a return to custody. In addition, participants may be subject to forfeiture of credits, or to discipline for violation of rules established by CDCR. (Pen. Code, § 1170.05, subd. (j).) 10)Authorizes CDCR to administer an ACP pursuant to written contracts with appropriate public agencies or entities to provide specified program services. The department is required to determine the recidivism rate of each participant in an alternative custody program. (Pen. Code, § 1170.05, subd. (l).) 11)States that an inmate participating in an ACP must voluntarily agree to all of the provisions of the program in writing, including that she may be returned to confinement at any time with or without cause, and cannot be charged fees or costs for the program. (Pen. Code § 1170.05, subd. (m).) SB 219 Page 7 12)Requires the state to retain responsibility for the medical, dental, and mental health needs of individuals participating in an ACP. (Pen. Code, § 1170.05, subd. (n).) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "SB 219 clarifies and strengthens standards for administering ACP, which will result in the continued success and longevity of the program. ACP, while effective, has gone under-utilized. Since being implemented in 2011, 7,200 applications have been submitted, with only 460 offenders being approved to participate in the program. Of those 460 women, 90% have successfully completed the program. Offering inmates rehabilitative settings in the community represents a cost savings for California. ACP is a successful and thoughtfully designed program with a particular emphasis on rehabilitation and family reunification. Further, the program has served as a model for the state's Enhanced Alternative Custody Program. This bill ensures that California continues to administer ACP in a fair and consistent manner, furthering ACP as a promising alternative to the incarceration of female offenders. 2)Background: According to background supplied by the author, ACP was established by SB 1266 (Liu) in 2010 and was intended to offer more appropriate rehabilitative settings to SB 219 Page 8 incarcerated female offenders and inmates who were primary caregivers. The program, predating AB 109, at its inception was designed for the approximately 4,500 low-level women offenders then incarcerated that could be eligible for placement in secure, community-based programs without risking community safety (National Council on Crime and delinquency (NCCD), 2006). SB 1266 (2010, Liu) authorized the Secretary of CDCR to assign alternative custody arrangements to individuals on a voluntary basis that met the following criteria: No current or prior convictions of a violent, serious or sex crime; Determined by an assessment to be low risk; and Women, pregnant inmates, and primary caregivers of dependent children. In 2012 the program was amended to include only female inmates and consider only the inmate's current conviction. Alternative Custody includes: Confinement to a residential home. Confinement to a residential drug or treatment program. SB 219 Page 9 Confinement to a transitional care facility. Use of electronic monitoring, GPS, or other supervising devices. Since ACP was implemented in September of 2011 approximately 7,200 applications have been submitted. Of those applications, only 460 offenders have been approved for Alternative Custody. Of those 460, Ninety percent have successfully completed the program. 1)Argument in Support: The Ella Baker Center for Human Rights states, "The ACP, enacted January 1, 2011, reunites incarcerated women-with their families by allowing them to serve the remainder of their sentences in a residential home, nonprofit residential treatment center, or transitional-care facility. This voluntary program provides individualized treatment and rehabilitation services based on a prisoner's needs. It allows women to be connected to their children, greatly reduces the negative impact on children by keeping them out of the foster care system, and helps to end the cycle of incarceration that destroys families. Prior to ACP's enactment, the California Department of Corrections and Rehabilitation (CDCR) estimated that nearly half of incarcerated women, at the time 4,500 individuals, would be eligible for the program. Despite that estimate, only 460 women have been approved for participation in ACP." 2)Prior Legislation: SB 1266 (Liu), Chapter 664, Statutes of 2011, authorized CDCR to create ACPs for specified inmates, including female inmates, pregnant inmates, or inmates who were the primary caregiver immediately prior to incarceration. Inmates must not have committed a serious or violent felony, been required to register as a sex offender, been determined SB 219 Page 10 to pose a high risk to commit a violent offense by a validated risk assessment tool, or have a history of escape within the last 10 years in order to be eligible for this program. REGISTERED SUPPORT / OPPOSITION: Support A New PATH California Attorneys for Criminal Justice California Catholic Conference of Bishops Californians for Safety and Justice California Latinas for Reproductive Justice California Public Defenders Association Center on Juvenile and Criminal Justice Courage Campaign Dignity and Power Now SB 219 Page 11 Drug Policy Alliance Ella Baker Center for Human Rights Friends Committee on Legislation of California NAMI California National Association of Social Workers California Chapter Opposition None Analysis Prepared by:Gregory Pagan / PUB. S. / (916) 319-3744