BILL ANALYSIS Ó
SB 219
Page 1
SENATE THIRD READING
SB
219 (Liu)
As Amended July 9, 2015
Majority vote
SENATE VOTE: 24-14
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|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 | |
| | | | |
| | | | |
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SB 219
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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
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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:
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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.
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.
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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
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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
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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
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