BILL NUMBER: SB 519 INTRODUCED 03/01/93 BILL TEXT INTRODUCED BY Senator Presley MARCH 1, 1993 An act to add Chapter 4.8 (commencing with Section 1174) to Title 7 of Part 2 of the Penal Code, relating to sentencing, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 519, as introduced, Presley. Sentencing: Pregnant and Parenting Women's Alternative Sentencing Program Act. Under existing law, the Department of Corrections is required to conduct a pilot program known as the California Alternative Sentencing Program for able-bodied male offenders sentenced to the state prison who meet specified criteria, including the condition that the prisoner has not previously served a term of imprisonment in a state or federal prison. This bill would create the Pregnant and Parenting Women's Alternative Sentencing Program Act, an alternative sentencing program for pregnant women or women with children under 6 years of age who have a well-established history of substance abuse and who meet specified other criteria. The bill would appropriate $15,000,000 from the 1990 Prison Construction Fund to the Department of Corrections for construction of facilities for this program, as specified. The bill would also require the Department of Corrections to report the progress of this program to the Legislature on or before January 1, 1996, and each year thereafter. Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares each of the following: (a) During the past several years there has been a dramatic increase in the number of incarcerated women who are single mothers or primary caretakers of children. In 1989, more than 52,000 children under the age of 18 years had mothers who were in jail in the United States. Over one-half of the women in California prisons have minor children. As many as 6 percent of the women in jails and prisons are pregnant at any given time. (b) Between 1983 and 1989, the female population in jail in the United States increased 138 percent. This increase represents a rate nearly double that for the increase of male inmates. During a similar period between 1984 and 1990, the number of women inmates in California prisons tripled. (c) In 1990, a total of 83,729 women were arrested for felonies in this state. Of these arrests, 60,564 were for property, drug, or prostitution offenses. Of the approximately 7,000 women in California prisons, over 4,500 are serving sentences for property or drug offenses. (d) In a survey conducted by the Federal Bureau of Justice Statistics, one-third of all female prisoners reported being under the influence of some drug at the time of their offense with 39 percent reporting daily drug use in the month before their offense. Over 70 percent of the women in California prisons report having used cocaine, heroin, or methamphetamines. (e) An estimated 50 percent of the women in the same study reported previous history of physical or sexual abuse at some time in their lives. (f) Several studies have shown that children of substance abusing or incarcerated parents consistently experience behavioral problems throughout their lives. The negative intergenerational impact upon children raised in circumstances involving substance abusing or incarcerated parents is a generally well-accepted principle. (g) Female inmates consistently report being raised in substance abusing dysfunctional families resulting in their lack of opportunity to obtain any practical parenting or social skills, nutritional or health care practices, or life survival skills. (h) Of the approximately 7,000 women presently in California prisons, 90 percent have never been in prison before, although 75 percent have been incarcerated in local jails prior to being sentenced to state prison. (i) Without intervention, children of incarcerated women have a significantly increased likelihood of entering the child welfare and juvenile justice systems, becoming school dropouts, substance abusers, and pregnant as adolescents. (j) Female offenders and their children are presently being provided services from a disjointed network of social services, medical providers, mental health providers, and correctional practitioners. A lack of local coordination often contributes to the duplication of services and results in few cost-effective, concentrated efforts directed toward this population. (k) The costs of out-of-home care for children in California in 1990-91 totaled $760,000,000. (l) The costs associated with caring for medically fragile babies born addicted to drugs is high and ever increasing. (m) Few sentencing alternatives or programming initiatives exist that are designed to intervene in serving this population with special needs. (n) The California Blue Ribbon Commission on Inmate Population Management, in its January 1990 report to the Governor and Legislature, concluded that in sentencing decisions, judges lack sufficient intermediate sanctions, punishment options, and treatment programs between routine probation and local or state incarceration. (o) It is essential that California establish a new sentencing alternative for substance abusing female offenders with young children to both hold the women offenders accountable and afford both parent and child an opportunity to establish productive lives. It must be the responsibility of California communities to support and intervene in the intergenerational cycle of criminality through the establishment of sentencing alternatives. Sentencing alternatives are essential as 95 percent of all offenders eventually return to the community. SEC. 2. Chapter 4.8 (commencing with Section 1174) is added to Title 7 of Part 2 of the Penal Code, to read: CHAPTER 4.8. PREGNANT AND PARENTING WOMEN'S ALTERNATIVE SENTENCING PROGRAM ACT 1174. This chapter shall be known as the Pregnant and Parenting Women's Alternative Sentencing Program Act. 1174.1. For purposes of this chapter, the following definitions shall apply: (a) "Agency" means the public or private agency selected by the county to operate this program. (b) "Construction" means the purchase, new construction, reconstruction, remodeling, renovation, or replacement of facilities, or a combination thereof. (c) "Council" means the Pregnant and Parenting Women's Alternative Sentencing Council created by each county to oversee the overall program. (d) "County" means each individual county as represented by the county board of supervisors. (e) "Court" means the superior court granting the suspended state prison sentence and retaining the jurisdiction over the offender. (f) "Department" means the Department of Corrections. (g) "Facility" means the physical buildings, rooms, areas, and equipment. (h) "Program" means a pregnant and parenting women's alternative sentencing program. 1174.2. (a) Notwithstanding any other law, the unencumbered balance of Item 5240-311-751 of Section 2 of the Budget Act of 1990 shall revert to the unappropriated surplus of the 1990 Prison Construction Fund. The sum of fifteen million dollars ($15,000,000) is hereby appropriated to the Department of Corrections from the 1990 Prison Construction Fund for site acquisition, site studies, environmental studies, master planning, architectural programming, schematics, preliminary plans, working drawings, construction, and long lead and equipment items for the purpose of constructing facilities for pregnant and parenting women's alternative sentencing programs. These funds shall not be expended for any operating costs, including those costs reimbursed by the department pursuant to subdivision (c) of Section 1174.3. (b) The Department of Corrections shall award funds to selected counties of a population over 450,000 people for the purposes of constructing facilities pursuant to this chapter. The department shall target for selection, among other counties, Los Angeles County, San Diego County, and a bay area and a central valley county as determined by the Director of Corrections. Funds shall be awarded to selected counties based upon all of the following criteria and procedures: (1) A demonstrated ability to provide comprehensive services to pregnant women or women with children who are substance abusers consistent with this chapter. Criteria shall include, but not be limited to, each of the following: (A) The success records of the types of programs proposed based upon standards for successful programs. (B) Expertise and actual experience of persons who will be in charge of the proposed program. (C) Cost-effectiveness, including the costs per client served. (D) A demonstrated ability to purchase, site, and construct a facility as expeditiously as possible. (E) An ability to accept referrals from local courts and participate in a process of determining eligible candidates for the program. (F) A memorandum of understanding involving all affected county agencies approved by the county board of supervisors. (G) A demonstrated ability to seek and obtain supplemental funding as required in support of the overall administration of this facility from any county, state, or federal source that may serve to support this program, including the State Department of Alcohol and Drug Programs, the Office of Criminal Justice Planning, the State Department of Social Services, the State Department of Mental Health, or any county public health department. (2) Counties shall demonstrate an ability to expeditiously purchase, site, construct, renovate, and operate the facility. To the extent possible, the county shall locate the land and provide the site for the facility. Counties shall also assume responsibility for meeting the California Environment Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requirements, unless exempted pursuant to subdivision (d) of Section 1174.3. (3) Staff from the department shall be available to counties for consultation and technical services in preparation and implementation of the selected proposals. (4) The department shall seek advice from the State Department of Alcohol and Drug Programs, the State Department of Social Services, and any other state or federal agency necessary to exercise the department's responsibilities under this chapter. (5) Funds shall be made available to the county and agency selected to administer this program for construction and operation of this program through the board of supervisors of that county. (6) Counties shall demonstrate an ability to provide offenders a continuing supportive network of outpatient drug treatment and other services upon the women's completion of the program and reintegration into the community. (7) A county may propose any variation of types and sizes of facilities to carry out the purposes of this chapter. (8) Each county shall demonstrate an ability to secure all other available funding for its eligible population from all county, state, or federal sources. 1174.3. (a) The county is responsible for the design and construction of the facilities. However, the department may perform the design or construction activities upon the request of the county. The county shall assume full responsibility for the renovation of any existing facilities. (b) The department shall ensure that the facility designs provide adequate space to carry out this chapter, including the capability for nonsecure housing, programming, child care, food services, treatment services, educational or vocational services, day treatment, and transitional living services. (c) The county and the agency selected to operate the program shall administer and operate the center and program consistent with the criteria set forth in this chapter and any criteria established by the department. These responsibilities shall include maintenance and compliance with all laws, regulations, and health standards. The department shall contract to reimburse the county and agency selected to operate this program for women who would otherwise be sentenced to state prison based upon actual costs not provided by other funding sources. (d) Notwithstanding any other law, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any project for which facilities intended to house no more that 75 women and children are constructed or leased this chapter. Ownership of the facility may be vested in the county upon completion of the bond repayment. (e) Proposals submitted pursuant to this chapter are exempt from approval and submittal of plans and specifications to the Joint Legislative Committee on Prison Construction Operations and other legislative fiscal committees. (f) Program guidelines and procedures setting forth the terms and conditions under which contracts are awarded pursuant to this chapter are not regulations as defined in subdivision (b) of Section 11342 of the Government Code. 1174.4. Each county, in an effort to ensure the best program delivery possible, shall be requested to enact a resolution of the county board of supervisors creating a Pregnant and Parenting Women's Alternative Sentencing Advisory Council to develop a proposal for this program and to oversee the operation of the program. Members of the council may include, but are not limited to, administrative level representatives of the county administrator of alcohol and drug programs, the State Department of Mental Health, the State Department of Social Services, the office of the Presiding Judge of the Superior Court, the county probation department, the county administrator for public health, a person having expertise in the development of programs and treatment of female substance abusers, and a representative of the Department of Corrections. The council shall select the agency responsible for the operation of the program and the development of the proposal. The council shall also submit any reports and any evaluations required by this chapter. 1174.5. (a) Persons eligible for participation in this alternative sentencing program shall met all of the following criteria: (1) A pregnant woman or woman with children under the age of six years with a well-established history of substance abuse. (2) Never been convicted for, nor convicted in the present proceeding of committing or of an attempt to commit, any of the following offenses: (A) Murder or voluntary manslaughter. (B) Mayhem. (C) Rape. (D) Kidnapping. (E) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (F) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (G) Lewd acts on a child under 14 years of age, as defined in Section 288. (H) Any felony punishable by death or imprisonment in the state prison for life. (I) Any felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, that has been charged and proved as provided for in Section 12022.7 or 12022.9, or any felony in which the defendant uses a firearm, as provided in Section 12022.5 or 12022.55, in which the use has been charged and proved. (J) Robbery. (K) Any robbery perpetrated in an inhabited dwelling house or trailer coach as defined in the Vehicle Code, or in the inhabited portion of any other building, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery. (L) Arson in violation of subdivision (a) of Section 451. (M) Penetration by a foreign object in violation of subdivision (a) of Section 289 if the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (N) Rape or penetration of genital or anal openings by a foreign object in concert, in violation of Section 264.1. (O) Continual sexual abuse of a child in violation of Section 288.5. (P) Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in concert, with another, lascivious acts upon a child, or penetration by a foreign object. (Q) Assault with a deadly weapon or with force likely to produce great bodily injury in violation of subdivision (a) of Section 245. (R) Any violent felony defined in Section 667.5. (S) A violation of Section 12022. (T) A violation of Section 12308. (U) Burglary of the first degree. (3) Never served a state prison term for, nor been convicted in the present proceeding of committing or attempting to commit, a violation of Section 11351, 11351.5, 11352, 11353, 11358, 11359, 11360, 11370.1, 11370.6, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11383 of the Health and Safety Code. (4) Has not been sentenced to state prison for a term exceeding 48 months. (5) Is deemed eligible for participation based upon preapproval by the department and unanimous concurrence of the probation department, the district attorney, the sentencing court, and the program in the presentence report submitted pursuant to Section 1203 that the person would otherwise be sentenced to state prison. (6) Amenable to treatment for substance abuse and would benefit from participation in a treatment and recovery program. (7) Received a suspended state prison sentence from the court pursuant to Section 1203.1 and would otherwise be committed to state prison for the term prescribed by law. (b) Women who do not successfully complete this alternative sentencing program shall be returned to the court and the original state prison sentence shall be imposed as otherwise prescribed by law. 1174.6. The department shall be responsible for the overall review of the design, construction, or renovation of the facility, and the monitoring of the programs, and the progress, activities, and performance of each program. The department shall report the progress of this program to the Legislature on or before January 1, 1996, and each year thereafter.