BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 219| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 219 Author: Liu (D), et al. Amended: 7/9/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/7/15 AYES: Hancock, Leno, Liu, McGuire, Monning NOES: Anderson, Stone SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Bates, Nielsen SENATE FLOOR: 24-14, 6/2/15 AYES: Allen, Beall, Block, De León, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Huff, Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak NO VOTE RECORDED: Galgiani, McGuire ASSEMBLY FLOOR: 61-15, 8/27/15 - See last page for vote SUBJECT: Prisons: alternative custody SOURCE: Californians for a Responsible Budget Justice Now DIGEST: This bill (1) provides that an inmates existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility from the California Department of Corrections and Rehabilitation's (CDCR) SB 219 Page 2 voluntary alternative custody program (ACP); (2) requires CDCR to meet a variety of timeframes in processing applications for ACP; and, (3) requires CDCR to assist individuals participating in ACP in obtaining health care coverage, including, but not limited to Medi-Cal benefits. Assembly Amendments state that, except as necessary to comply with any release notification requirements, the inmate must be released to the program no later than seven business days following notice of acceptance into the program, or if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location. ANALYSIS: Existing law: 1)Creates in state government the CDCR, to be headed by a secretary, who shall be appointed by the Governor, subject to Senate confirmation, and shall serve at the pleasure of the Governor. (Government Code § 12838.) CDCR shall consist of Adult Operations, Adult Programs, Health Care Services, Juvenile Justice, the Board of Parole Hearings, the State Commission on Juvenile Justice, the Prison Industry Authority, and the Prison Industry Board. (Id.) 2)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 SB 219 Page 3 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. (Penal Code § 1170.05(a).) 3)States, in Penal Code Section 1170.05 (b), that an ACP must 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 drug or treatment program during the hours designated by CDCR. c) Confinement to a transitional care facility that offers appropriate services. 4)States, in Penal Code Section 1170.05 (c) and (d), that female inmates sentenced to state prison for a determinate term of imprisonment pursuant to Section 1170, and only those persons, must be eligible to participate in an ACP, except for an inmate who: a) Has a current conviction for a violent felony as defined in Section 667.5. b) Has a current conviction for a serious felony as defined in Sections 1192.7 and 1192.8. c) Has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 of Title 9 of Part 1. SB 219 Page 4 d) Was screened by CDCR using a validated risk assessment tool and determined to pose a high risk to commit a violent offense. e) Has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility. 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. (Penal Code § 1170.05(e).) 6)Requires CDCR to create, and the participant must agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, CDCR 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. (Penal Code § 1170.05(f).) 7)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 5 the determination of eligibility for participation and the type of alternative custody. (Penal Code § 1170.05 (i).) 8)Permits the secretary 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 he or 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. (Penal Code § 1170.05 (j).) 9)Allows CDCR to administer an ACP pursuant to written contracts with appropriate public agencies or entities to provide specified program services. CDCR is required to determine the recidivism rate of each participant in an alternative custody program. (Penal Code § 1170.05 (l).) 10)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. (Penal Code § 1170.05 (m).) 11) Requires the state to retain responsibility for the medical, dental, and mental health needs of individuals participating in ACP. (Penal Code § 1170.05 (n).) SB 219 Page 6 This bill: 1)Provides that an inmate's existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility for the program. 2)Prescribes specific timeframes for, among other things, the review of an application to participate in the program and notifying an applicant when a determination has been made on that application. Requires a notice of denial to specify the reasons the inmate has been denied participation in the program, and authorizes an inmate to reapply for participation in the program or appeal a denial, as specified. 3)Requires CDCR to assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. Requires that, to the extent not covered by a participant's health care coverage, the state would retain responsibility for the medical, dental, and mental health needs of individuals participating in ACP. Background According to information provided by CDCR, as of March 17, 2015, there were 67 offenders in the ACP. At that time, CDCR had approximately 440 active ACP/EACP (enhanced ACP) applications at various stages of the process. Applications are generally screened within three to five days of receipt, and the entire process takes approximately 55 days. According to CDCR, "[i]nmates with mental or medical conditions are accepted to participate in ACP/EACP on a case-by-case basis, and are not categorically denied participation solely based on such a condition. Such inmates may be denied participation because their condition requires a level of care not available in an acceptable ACP environment upon release." SB 219 Page 7 An Individual Treatment Rehabilitative Plan (ITRP) is requested once the application is screened for criteria eligibility. The ITRP is generally completed within five days. CDCR states that, in most cases, once the inmate is endorsed to ACP by the Classification Services Representative; the inmate is transferred within 14 days. This bill makes it clear that that an inmate's existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility for the program. It further places specific timeframes on the application process and release to ACP and requires that an ITRP be done for every inmate that is found eligible for participation in the program. In cases where the inmate is denied participation, the notice of denial shall specify the reason the inmate was denied. The inmate may, 30 days after the notice of denial, reapply for participation in ACP, or appeal the decision through the normal grievance process. This bill, additionally, requires CDCR to assist individual's participating in ACP to obtain health care coverage, including Medi-Cal benefits. Comments ACP is currently being challenged in federal court. (Sassman v. Brown, 2:14-cv-01679-MCE-KJN, Eastern District, California.) Plaintiff is claiming that his exclusion from ACP, as authorized by California Penal Code Section 1170.05, violates the Equal Protection Clause of the Fourteenth Amendment. This matter is still pending before the federal court and both parties have filed motions for summary judgment. While the court has not yet ruled on the motions for summary judgment, the court, in ruling on Plaintiff's Motion for Preliminary Injunction, stated: CDCR has repeatedly made clear that the primary objectives of the ACP are family reunification and community reintegration. However, since all women are SB 219 Page 8 permitted to participate in the ACP, not just women with children, it is unclear how the statute furthers those goals. Moreover, this Court still cannot see how either goal is advanced by excluding male prisoners. To the contrary, it seems that permitting men to participate in the program would actually serve the State's objectives. Defendants have thus failed to show how the ACP can be substantially related to the State's interests of family reunification and community reintegration when, to apply, women need not be mothers, nor must they show a need for rehabilitation or recovery services aimed at substance abuse or domestic violence, but men, even if they show all of the foregoing, may not apply at all. Absent a closer connection between the statute and the goals it is intended to serve, Plaintiff is likely to succeed on the merits of his claim. (Sassman v. Brown, 2014 U.S. Dist. LEXIS 146536 (E.D. Cal., 2014) (Citations Omitted).) FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Assembly Appropriations Committee, the fiscal impact includes increased administrative costs to CDCR in the $100,000 (General Fund) range to meet the specified timelines and process appeals. SUPPORT: (Verified8/27/15) Californians for a Responsible Budget (co-source) Justice Now (co-source) A New PATH AllCare Alliance California Attorneys for Criminal Justice California Catholic Conference California Coalition for Women Prisoners California Families Against Solitary Confinement California Partnership California Public Defenders Association SB 219 Page 9 Californians for Safety and Justice Center on Juvenile Justice and Criminal Justice Communities United or Restorative Youth Justice Courage Campaign Dignity and Power Now Ella Baker Center for Human Rights Friends Committee on Legislation of California Returning Home Foundation The Los Angeles Regional Reentry Partnership Western Regional Advocacy Project Women's Prison Association Two individuals OPPOSITION: (Verified8/27/15) None received ARGUMENTS IN SUPPORT: According to the Californians for Safety and Justice: We write in support of SB 219 (Liu), a bill that would codify and expand access to the existing Alternative Custody Program by enacting a responsible timeline for application review and provide applicants with an opportunity to appeal. This bill would ensure that all state-incarcerated women eligible for acceptance into ACP are part of a more transparent, informed process, and removes some significant barriers for program entry. The Alternative Custody Program is a great way for women who are the primary caregiver for their children to retain their close family ties, reducing their likelihood of recidivating, reduce foster care placements of their children, and help to end the intergenerational cycle of incarceration. SB 219 Page 10 ASSEMBLY FLOOR: 61-15, 8/27/15 AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins NOES: Travis Allen, Bigelow, Brough, Chang, Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Linder, Mathis, Obernolte, Wagner, Wilk NO VOTE RECORDED: Burke, Frazier, Mayes, Patterson Prepared by:Jessica Devencenzi / PUB. S. / 8/28/15 14:08:56 **** END ****