BILL NUMBER: AB 2385	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN ASSEMBLY  MAY 9, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Members Harkey and Hall

                        FEBRUARY 24, 2012

   An act to add Section 1203.019 to the Penal Code, relating to
probation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2385, as amended, Harkey. Probation.
   Existing law authorizes a county correctional administrator, as
defined, to offer a program under which specified offenders committed
to a county jail or other county correctional facility may
voluntarily participate, or involuntarily be placed, in a home
detention program, including electronic monitoring, in lieu of
confinement in the county jail or other county correctional facility
under the auspices of the probation officer. Existing law authorizes
the correctional administrator, with the approval of the board of
supervisors of the county, to administer the home detention program
pursuant to written contracts with appropriate public or private
agencies or entities.
   This bill would  require any   authorize a
court to place a  person  who participates or is placed
 in  a county-administered   an 
electronic monitoring program  to be assigned to an
electronic monitoring program operating   that is
operated by a private vendor only if that program is operated 
pursuant to a contract  with the county   and
standards  that complies with  the above provisions.
  specified provisions, including requiring the private
vendor to demonstrate   evidence of financial
responsibility.  The bill would  state  
provide  that it is not intended to limit or restrict the use of
electronic monitoring.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1203.019 is added to the Penal Code, to read:
   1203.019.  (a)  A person who participates or is placed in
a county-administered electronic monitoring program shall be assigned
to an electronic monitoring program operating pursuant to a contract
with the county that complies with the provisions of subdivision (j)
of Section 1203.016.   A court may place a person into
an electronic monitoring program that is operated by a private vendor
only if the program is operated pursuant to a contract and standards
that comply with the provisions of subdivision (j) of Section
1203.016   . 
   (b) Nothing in this section is intended to limit or restrict the
use of electronic monitoring.