BILL NUMBER: AB 1469	CHAPTERED  07/13/99

	CHAPTER   113
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   MAY 20, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Committee on Public Safety (Honda (Chair), Cunneen
(Vice Chair), Keeley, Oller, Romero, and Washington)

                        FEBRUARY 26, 1999

   An act to add Sections 1208.2 and 1208.3 to the Penal Code,
relating to punishment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1469, Committee on Public Safety.  Punishment:  work furlough
programs.
   Existing law, repealed by its own terms as of January 1, 1999, did
all of the following:
   (1) Provided procedures that, among other things, authorize a
board of supervisors that implements a work furlough program,
electronic home detention program, or county parole program, as
specified, to prescribe a program administrative fee and an
application fee,  that includes equipment and supervision costs, to
be charged by the administrator based on the prisoner's ability to
pay.
   (2) Exempted privately operated home detention programs from
specified maximum limits on the administrative fee prescribed by the
board of supervisors to be paid by each home detention participant.
   (3) Required, among other things, the administrator of a work
furlough or home detention program, as specified, to ensure that
these fee provisions are contained in any contract with a private
agency or entity to provide specified program services.
   (4) Prohibited the administrator of a program specified in (1)
above from considering the prisoner's ability to pay for purposes of
granting or denying participation in any of the programs and provided
that this provision does not prohibit the administrator from
verifying certain information relating to the prisoner's employment.

   This bill would reenact these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1208.2 is added to the Penal Code, to read:
   1208.2.  (a) (1) This section shall apply to individuals
authorized to participate in a work furlough program pursuant to
Section 1208, or to individuals authorized to participate in an
electronic home detention program pursuant to Section 1203.016, or to
individuals authorized to participate in a county parole program
pursuant to Article 3.5 (commencing with Section 3074) of Chapter 8
of Title 1 of Part 3.
   (2) As used in this section, as appropriate, "administrator" means
the sheriff, probation officer, director of the county department of
corrections, or county parole administrator.
   (b) (1) A board of supervisors which implements programs
identified in paragraph (1) of subdivision (a), may prescribe a
program administrative fee and an application fee, that together
shall not exceed the pro rata cost of the program to which the person
is accepted, including equipment, supervision, and other operating
costs, except as provided in paragraph (2).
   (2) With regard to a privately operated electronic home detention
program pursuant to Section 1203.016, the limitation, described in
paragraph (1), in prescribing a program administrative fee and
application fee shall not apply.
   (c) The correctional administrator, or his or her designee, shall
not have access to a person's financial data prior to granting or
denying a person's participation in, or assigning a person to, any of
the programs governed by this section.
   (d) The correctional administrator, or his or her designee, shall
not consider a person's ability or inability to pay all or a portion
of the program fee for the purposes of granting or denying a person's
participation in, or assigning a person to, any of the programs
governed by this section.
   (e) For purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing supervision and shall include, but shall
not be limited to, consideration of all of the following factors:
   (1) Present financial position.
   (2) Reasonably discernible future financial position.  In no event
shall the administrator, or his or her designee, consider a period
of more than six months from the date of acceptance into the program
for purposes of determining reasonably discernible future financial
position.
   (3) Likelihood that the person shall be able to obtain employment
within the six-month period from the date of acceptance into the
program.
   (4) Any other factor that may bear upon the person's financial
capability to reimburse the county for the fees fixed pursuant to
subdivision (b).
   (f) The administrator, or his or her designee, may charge a person
the fee set by the board of supervisors or any portion of the fee
and may determine the method and frequency of payment.  Any fee the
administrator, or his or her designee, charges pursuant to this
section shall not in any case be in excess of the fee set by the
board of supervisors and shall be based on the person's ability to
pay.  The administrator, or his or her designee, shall have the
option to waive the fees for program supervision when deemed
necessary, justified, or in the interests of justice.  The fees
charged for program supervision may be modified or waived at any time
based on the changing financial position of the person.  All fees
paid by persons for program supervision shall be deposited into the
general fund of the county.
   (g) No person shall be denied consideration for, or be removed
from, participation in any of the programs to which this section
applies because of an inability to pay all or a portion of the
program supervision fees.  At any time during a person's sentence,
the person may request that the administrator, or his or her
designee, modify or suspend the payment of fees on the grounds of a
change in circumstances with regard to the person's ability to pay.
   (h) If the person and the administrator, or his or her designee,
are unable to come to an agreement regarding the person's ability to
pay, or the amount which is to be paid, or the method and frequency
with which payment is to be made, the administrator, or his or her
designee, shall advise the appropriate court of the fact that the
person and administrator, or his or her designee, have not been able
to reach agreement and the court shall then resolve the disagreement
by determining the person's ability to pay, the amount which is to be
paid, and the method and frequency with which payment is to be made.

   (i) At the time a person is approved for any of the programs to
which this section applies, the administrator, or his or her
designee, shall furnish the person a written statement of the person'
s rights in regard to the program for which the person has been
approved, including, but not limited to, both of the following:
   (1) The fact that the  person cannot be denied consideration for
or removed from participation in the program because of an inability
to pay.
   (2) The fact that if the  person is unable to reach agreement with
the administrator, or his or her designee, regarding the person's
ability to pay, the amount which is to be paid, or the manner and
frequency with which payment is to be made, that the matter shall be
referred to the court to resolve the differences.
   (j) In all circumstances where a county board of supervisors has
approved a program administrator, as described in Sections 1203.016
and 1208, to enter into a contract with a private agency or entity to
provide specified program services, the program administrator shall
ensure that the provisions of this section are contained within any
contractual agreement for this purpose.  All privately operated home
detention programs shall comply with all appropriate, applicable
ordinances and regulations specified in subdivision (a) of Section
1208.
  SEC. 2.  Section 1208.3 is added to the Penal Code, to read:
   1208.3.  The administrator is not prohibited by subdivision (c) of
Section 1208.2 from verifying any of the following:
   (a) That the prisoner is receiving wages at a rate of pay not less
than the prevailing minimum wage requirement as provided for in
subdivision (c) of Section 1208.
   (b) That the prisoner is working a specified minimum number of
required hours.
   (c) That the prisoner is covered under an appropriate or suitable
workers' compensation insurance plan as may otherwise be required by
law.
   The purpose of the verification shall be solely to insure that the
prisoner's employment rights are being protected, that the prisoner
is not being taken advantage of, that the job is suitable for the
prisoner, and that the prisoner is making every reasonable effort to
make a productive contribution to the community.