BILL ANALYSIS Ó SB 219 Page 1 SENATE THIRD READING SB 219 (Liu) As Amended July 9, 2015 Majority vote SENATE VOTE: 24-14 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Quirk, Melendez, | | | | | | | | | | | | | | |Jones-Sawyer, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, | | | |Calderon, Daly, |Gallagher, Jones, | | | |Eggman, Eduardo |Wagner | | | |Garcia, Holden, | | | | |Quirk, Rendon, Weber, | | | | |Wood | | | | | | | | | | | | ------------------------------------------------------------------ SB 219 Page 2 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 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 potentially 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)Requires CDCR to assist individuals participating in the alternative custody program in obtaining health care coverage, including, but not limited to Medi-Cal benefits. SB 219 Page 3 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 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. 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. 3)Provides that female inmates sentenced to the state prison for a determinate term, and only those inmates, shall be eligible to participate in the ACP. 4)Prohibits an inmate committed to the state prison who meets any of the following criteria from participating in the ACP: 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. 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. 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. SB 219 Page 5 7)Requires the Secretary of CDCR to prescribe reasonable rules and regulations under which the ACP shall operate. Rules shall include, but are not limited to: 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. 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 SB 219 Page 6 the determination of eligibility for participation and the type of alternative custody. 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. 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. 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. 12)Requires the state to retain responsibility for the medical, dental, and mental health needs of individuals participating SB 219 Page 7 in an ACP. FISCAL EFFECT: According to the Assembly Appropriations Committee, increased administrative costs to CDCR in the $100,000 (General Fund) range to meet the specified timelines and process appeals. COMMENTS: 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." Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001413 SB 219 Page 8