BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 219|
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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)
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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
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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.
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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
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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).)
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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."
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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
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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
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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.
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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
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