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