BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2127|
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THIRD READING
Bill No: AB 2127
Author: Roger Hernández (D), et al.
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 5/8/12
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson, Harman
ASSEMBLY FLOOR : 48-24, 4/12/12 - See last page for vote
SUBJECT : Work release
SOURCE : San Bernardino Sheriffs Department
DIGEST : This bill recasts the work release provisions
for county jail inmates that allow for program
participation in lieu of manual labor to do the following:
(1) add life skills or parenting programs to those programs
for which documented participation may be considered in
lieu of performing labor in a work release program; (2)
specify that participation in educational programs,
vocational programs, substance abuse programs, life skills
programs, or parenting programs shall be considered, with
eight work-related hours to equal to one day of custody
credit; (3) authorize the sheriff or other official to also
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
CONTINUED
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employment upon release from custody, specifying that the
sheriff or other official may award up to five days of work
release credit for the job search; and (4) allow the
participant's regular employment to be considered in lieu
of performing labor in a work release program on an
hour-for-hour basis, with eight work-related hours equal to
one day of custody credit.
ANALYSIS : Existing law 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. (Penal Code (PEN) Section 4024.2(a))
Existing law provides that the work release program shall
consist of any of the following:
Manual labor to improve or maintain levees or public
facilities, including, but not limited to, streets, parks
and schools;
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;
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;
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
Performance of house repairs or yard services for senior
citizens and the performance of repairs to senior centers
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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. (PEN Section 4024.2(b)(1))
Existing law 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.
(PEN Section 4024.2(b)(1)(F))
Existing law 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. (PEN Section
4024.2(b)(2))
Existing law requires that, as a condition of participating
in a work release program, a person must 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. (PEN Section 4024.2(c))
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Existing law 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 subdivision (b) of Section 4024.2.
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. (PEN Section 4024.3(a))
Existing law 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
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 percent of the
particular inmate's original sentence, prior to the
application thereto of any other credits or benefits
authorized by law. (PEN Section 4024.1)
Existing law provides that county boards of supervisors may
authorize the release jail inmates on work furlough. (PEN
Section 1208)
This bill recasts the work release provisions that allow
for program participation in lieu of manual labor to do the
following:
Add life skills or parenting programs to those programs
for which documented participation may be considered in
lieu of performing labor in a work release program;
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Specify that participation in educational programs,
vocational programs, substance abuse programs, life
skills programs, or parenting programs shall be
considered, with eight work-related hours to equal to one
day of custody credit;
Authorize the sheriff or other official to also 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, specifying that the sheriff or
other official may award up to five days of work release
credit for the job search;
Allow the participant's regular employment to be
considered in lieu of performing labor in a work release
program on an hour-for-hour basis, with eight
work-related hours equal to one day of custody credit.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/8/12)
San Bernardino Sheriff's Department (source)
California Attorneys for Criminal Justice
California Public Defenders Association
California State Association of Counties
California State Sheriffs' Association
Californians United for a Responsible Budget
Council of California Goodwill
County Welfare Directors Association of California
Drug Policy Alliance
Friends Committee on Legislation
Legal Services for Prisoners with Children
Los Angeles County Sheriff's Department
National Association of Social Workers
Regional Council of Rural Counties
Urban Counties Caucus
OPPOSITION : (Verified 5/14/12)
California District Attorneys Association
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Mothers Against Drunk Driving
ARGUMENTS IN SUPPORT : The California State Sheriffs'
Association states:
Existing law allows 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
pursuant to certain criteria as outlined in statute.
However, current law does not allow for the sheriff to
give work credits for sentenced inmates who are gainfully
employed, or spend a majority of a day searching for
employment.
Due to a federal mandate to keep inmate population below
full capacity level in order to prevent jail overcrowding
in county jails, every step should be taken to ensure
that the policy goals set forth by enactment of
realignment are successfully implemented. The whole
direction of this effort would be to encourage and reward
positive behavior and actively seeking or obtaining
employment is a positive move toward that purpose.
ARGUMENTS IN OPPOSITION : The California District
Attorneys Association states: "Unfortunately, this bill
represents another way for offenders to serve less custody
time. Inmates should take advantage of these programs, as
available, if for no other reason than to help insure that
they do not return to incarceration, not because they can
get out of jail faster. Even more troubling is the fact
that, in many instances, AB 2127 will provide custody
credits to inmates for participation in programs that they
have already agreed to do as a condition of probation.
Participating in educational or vocational programs,
seeking employment and being employed, and participating in
a substance abuse program as appropriate are all typical
probation conditions. The bottom line is that this bill
creates a benefit for jail inmates for doing something they
should be doing or are required to do. The manual labor
part of the work release program is important and should
not be eliminated. While we understand sheriffs' desire
and need to be able to effectively manage their
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populations, we are concerned that bills of this nature
limiting custody time are becoming the weapon of choice to
deal with the obvious outcroppings of the policies espoused
by realignment. Prisons are being emptied of 'nonserious'
and 'nonviolent' offenders and our jails are becoming
overcrowded with offenders who would have otherwise been in
prison. At some point, there have to be consequences for
criminality and this bill diminishes that notion."
Mothers Against Drunk Driving states: "As currently
written, AB 2127 does not specify which offenders may not
be eligible for early release, so any convicted drunk
driver - even one who kills or injures someone - can be
eligible for early release. These offenders would be
allowed to continue life only slightly interrupted, while
the lives of victims and their families are forever
impacted. AB 2127 would allow for DUI offenders to obtain
early release and allow their time at their current
employer to count towards time served during their early
release. This legislation takes the already existent
practice of early release in California to a new level and
tramples on the rights of victims while compromising public
safety. AB 2127 decriminalizes drunk driving in California
and undermines the deterrence message that incarceration
brings to potential drunk drivers. As a result, AB 2127
compromises public safety in California and opens a
revolving door n drunk driving."
ASSEMBLY FLOOR : 48-24, 4/12/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Chesbro, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Galgiani, Gatto,
Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza,
Mitchell, Monning, Norby, Pan, Perea, V. Manuel Pérez,
Skinner, Swanson, Torres, Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Donnelly, Beth
Gaines, Gorell, Grove, Halderman, Harkey, Jeffries,
Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande,
Nielsen, Olsen, Silva, Smyth, Solorio, Valadao, Wagner
NO VOTE RECORDED: Cedillo, Cook, Fletcher, Furutani,
Garrick, Hagman, Portantino, Wieckowski
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RJG:mw 5/16/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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