BILL ANALYSIS Ó
AB 2127
Page 1
ASSEMBLY THIRD READING
AB 2127 (Roger Hernández and Carter)
As Introduced February 23, 2012
Majority vote
PUBLIC SAFETY 4-1
-----------------------------------------------------------------
|Ayes:|Ammiano, Cedillo, | | |
| |Mitchell, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Authorizes a sheriff or other official to permit a
person in a work release program to receive work release credit
for participation in educational, vocational, substance abuse,
life skills or parenting programs. Specifically, this bill :
1)Requires that participation in educational, vocational,
substance abuse, life skills or parenting programs be
considered in lieu of performing labor in a work release
program on an hour-for-hour basis, with eight work-related
hours to equal one day of custody credit.
2)Provides that a sheriff or other official may permit a
participant in a work release program to, upon documented
proof of employment and verification of attendance at the
worksite, receive work release credit for actively seeking and
ultimately obtaining regular employment upon release from
custody.
3)Authorizes the sheriff or other official to award up to five
days of work release credit for the job search.
EXISTING LAW :
1)Authorizes the board of supervisors of any county to authorize
the sheriff or other official in charge of county correctional
facilities to offer a voluntary program under which any person
committed to the facility may participate in a work release
program in which one day of participation will be in lieu of
one day of confinement.
AB 2127
Page 2
2)Provides that the work release program shall consist of any of
the following:
a) Manual labor to improve or maintain levees or public
facilities, including, but not limited to, streets, parks
and schools;
b) Manual labor in support of nonprofit organizations, as
approved by the sheriff or other official in charge of the
correctional facilities. As a condition of assigning
participants of a work release program to perform manual
labor in support of nonprofit organizations pursuant to
this section, the board of supervisors shall obtain
workers' compensation insurance which shall be adequate to
cover work-related injuries incurred by those participants;
c) Performance of graffiti cleanup for local governmental
entities, including participation in a graffiti abatement
program, as approved by the sheriff or other official in
charge of correctional facilities;
d) Performance of weed and rubbish abatement on public and
private property, as approved by the sheriff or other
official in charge of the correctional facilities; and,
e) Performance of house repairs or yard services for senior
citizens and the performance of repairs to senior centers
through contact with local senior service organizations, as
approved by the sheriff or other official in charge of the
correctional facilities. Where a work release participant
has been assigned to this task, the sheriff or other
official shall agree upon in advance with the senior
service organization about the type of services to be
rendered by the participant and the extent of contact
permitted between the recipients of the services and the
participant.
3)States that any person who is not able to perform manual labor
as specified because of a medical condition, physical
disability, or age, may participate in a work release program
involving any other type of public sector work that is
designated and approved by the sheriff or other official in
charge of the correctional facilities.
AB 2127
Page 3
4)Provides that a sheriff or other official may permit a
prisoner participating in a work release program to receive
work release credit for participation in education programs,
vocational training, or substance abuse programs in lieu of
performing labor in a work release program on an hour-for-hour
basis. However, credit for that participation may not exceed
one-half of the hours established for the work release
program, and the remaining hours shall consist of manual
labor.
5)States that as a condition of participating in a work release
program, a person shall give his or her promise to appear for
work or assigned activity by signing a notice to appear before
the sheriff or at the education, vocational, or substance
abuse program at a time and place specified in the notice and
shall sign an agreement that the sheriff may immediately
retake the person into custody to serve the balance of his or
her sentence if the person fails to appear for the program at
the time and place agreed to, does not perform the work or
activity assigned, or for any other reason is no longer a fit
subject for release. Any person who willfully violates his or
her written promise to appear at the time and place specified
is guilty of a misdemeanor.
6)Authorizes the board of supervisors of any county in which the
average daily inmate population is 90% of the county's
correctional system's mandated capacity may authorize the
sheriff or other official in charge of county correctional
facilities to operate a program under which any person
committed to the facility is required to participate in a work
release program pursuant to criteria described in Penal Code
Section 4024.2(b). Participants in this work release program
shall receive any sentence reduction credits that they would
have received had they served their sentences in a county
correctional facility. Priority for participation in the work
release program shall be given to inmates who volunteer to
participate in the program.
7)Allows the sheriff, chief of police, or any other person
responsible for a county or city jail to apply to the
presiding judge of the superior court to receive general
authorization for a period of 30 days to accelerate the
release, discharge, or expiration of sentence date of
AB 2127
Page 4
sentenced inmates up to a maximum of five days. The total
number of inmates released pursuant to this section shall not
exceed a number necessary to balance the inmate count and
actual bed capacity. Inmates closest to their normal release,
discharge, or expiration of sentence date shall be given
accelerated release priority. The number of days that
release, discharge, or expiration of sentence is accelerated
shall in no case exceed 10% of the particular inmate's
original sentence, prior to the application thereto of any
other credits or benefits authorized by law.
8)Provides that county boards of supervisors may authorize the
release of jail inmates on work furlough.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Many local county jails are
under a federal mandate to keep their inmate population below
full capacity level in order to prevent jail overcrowding.
Currently San Bernardino County has over 1000 inmates on
electronic monitoring that receive full time credit 24/7. They
are cleared to work away from their home while being monitored
and they get full custody credit. They can even elect to just
pay for the monitoring and get full custody credits for just
staying home instead of working. As the need arises, the
Sheriff can authorize early releases to control jail population.
We should be able to give a sentenced inmate credit for
working.
"Current law does not allow for the Sheriff to give work credits
for sentenced inmates who are gainfully employed, or spend the
majority of a day searching for employment. The whole direction
of this effort would be to encourage and reward positive
behavior and actively seeking or obtaining employment would seem
to qualify."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
AB 2127
Page 5
FN: 0003197