BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1369|
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THIRD READING
Bill No: AB 1369
Author: Davis (D)
Amended: 8/2/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/7/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 6/29/10
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NOES: Cogdill
NO VOTE RECORDED: Huff
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 5/26/09 - See last page for vote
SUBJECT : Electronic monitoring on home detention:
inmates held in
jail in lieu of bail
SOURCE : Los Angeles County Sheriffs Department
DIGEST : This bill enacts home detention programs for
qualified persons held in county jail in lieu of bail, as
specified.
ANALYSIS : Existing law provides that the board of
supervisors of any county may authorize the correctional
CONTINUED
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administrator to offer a program under which minimum
security inmates and low-risk offenders committed to a
county jail or other county correctional facility or
granted probation, or inmates participating in a work
furlough program, may voluntarily participate in a home
detention program. Existing law also provides that the
board of supervisors of any county may, upon determination
by the correctional administrator that conditions in a jail
facility warrant the necessity of releasing sentenced
misdemeanor inmates prior to them serving the full amount
of a given sentence due to lack of jail space, offer a
program under which specified inmates may be required to
participate in an involuntary home detention program.
This bill provides that, until January 1, 2015, upon
determination of the correctional administrator that
conditions in a jail facility warrant the necessity of
releasing inmates being held in lieu of bail, the board of
supervisors of any county may authorize the correctional
administrator to offer a program under which these inmates
may be placed in an electronic monitoring program, as
specified. This bill provides separate authority for
voluntary and involuntary electronic monitoring programs.
This bill establishes criteria for inmates to be eligible
for programs established pursuant to its provisions and
specifies circumstances under which inmates may be placed
in these programs. This bill also provides that defendants
arrested for a bailable offense who are without any other
warrant and who meet certain criteria may apply, after 10
court days from the date of arraignment, for release on
reduced bail if the defendant agrees to be placed in the
voluntary electronic monitoring program and the court and
correctional administrator determine that the defendant is
eligible to participate in the electronic monitoring
program. This bill makes it a misdemeanor for any inmate
who is a participant in an electronic monitoring program to
fail to comply with the prescribed rules and regulations.
This bill specifies, for persons pending disposition of
charges, that electronic monitoring programs authorized
pursuant to this bill include, but are not limited to, home
detention programs, work furlough programs, and work
release programs. This bill makes other conforming
changes.
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Existing law provides for an administrative fee for
specified work furlough and voluntary electronic home
detention program participants.
This bill includes participants in the voluntary electronic
monitoring program for persons pending disposition of
charges, and the existing voluntary home detention program,
within the coverage of those administrative fee provisions,
as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/3/10)
Los Angeles County Sheriff's Department (source)
California Bail Agents Association (as proposed to be
amended)
Crime Victims United of California
Golden State Bail Agents Association (as proposed to be
amended)
Los Angeles County Board of Supervisors
ARGUMENTS IN SUPPORT : The author states:
"Based on the lack of space in the county jail system, a
Federal Court has placed a mandatory cap on the number of
inmates in the system ( Rutherford v. Block ). To adhere
to the cap, the Sheriff's Department has reduced the
percentage of time served by inmates committed to county
jail. The Sheriff [sic] Department offered the voluntary
electronic monitoring program and in 2007 ran Senate Bill
959 (Romero and Runner) to create an involuntary home
detention electronic monitoring program, which has been
very successful. Approximately 1500 inmates are
currently on some form of Home Electronic Monitoring, up
from 437 in 2007. Prior to SB 959, inmates were spending
an average of 10% of their sentence in jail before being
released early due to overcrowding. Now, male inmates
are doing approximately 75% of their sentence.
"Existing law provides that the county board of
supervisors of any county may offer a program under which
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specified inmates may be required to participate in an
involuntary home detention program upon determination by
the correctional administrator that conditions in a jail
facility warrant the necessity of releasing sentenced
misdemeanor inmates prior to them serving the full amount
of a given sentence due to lack of jail space. Existing
law also provides specified punishments for the escape or
attempted escape from various confinements, including the
place of confinement pursuant to a voluntary home
detention program.
"To confront the lack of space in California's County
Jail System, AB 1369 would do two things. First it will
allow the Sheriff (correctional administrator) to place
on electronic home detention those inmates sentenced to
low level felonies to be allowed to be placed on home
electronic monitoring, if found eligible pursuant to
current law."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Garrick
RJG:mw 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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