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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