BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 219  


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          Date of Hearing:   August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 219  
          (Liu) - As Amended July 9, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill 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  








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          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  
            for excluding the inmate from the CDCR's voluntary alternative  
            custody program.

          2)Prescribes specific timelines 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 is required to be developed in consultation  
            with the inmate.  If the inmate is denied participation in the  
            program, the notice of denial is required to 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)Requires CDCR to assist individuals participating in the  
            alternative custody program in obtaining health care coverage,  
            including, but not limited to Medi-Cal benefits.













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          FISCAL EFFECT:


          Increased administrative costs to CDCR in the $100,000 (GF)  
          range to meet the specified timelines and process appeals.   


          COMMENTS:


          1)Purpose.  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.  Current law 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, 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.  The state is required to retain  
            responsibility for the medical, dental, and mental health  
            needs of individuals participating in an ACP.   










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            Current law also requires the secretary of CDCR to prescribe  
            reasonable rules and regulations under which the alternative  
            custody program shall operate.  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 are subject to denial and  
            loss of credit, as specified.  


            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.



          3)Argument in Support:  The Ella Baker Center for Human Rights  
            states, in support, indicates the ACP 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.  
            The voluntary program allows women to be connected to their  
            children, which 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. 



          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081














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