BILL ANALYSIS Ó
SB 219
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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
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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
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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:
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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:
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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).)
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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).)
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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
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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.
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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
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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
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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