BILL ANALYSIS �
AB 2385
Page 1
Date of Hearing: May 8, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2385 (Harkey) - As Amended: March 29, 2012
As Proposed to be Amended in Committee
SUMMARY : Requires that any person placed on electronic
monitoring pursuant to any provision of law be placed on an
electronic monitoring program pursuant to a contract with the
county that complies with specified existing provisions.
Additionally, this bill states that nothing in this bill is
designed to limit or restrict the use of electronic monitoring.
EXISTING LAW:
1)States that it is the intent of the Legislature that home
detention programs established under this section maintain the
highest public confidence, credibility, and public safety. In
the furtherance of these standards, the following shall apply
�Penal Code Section 1203.016(j):
a) The correctional administrator, with the approval of the
board of supervisors, may administer a home detention
program pursuant to written contracts with appropriate
public or private agencies or entities to provide specified
program services. No public or private agency or entity
may operate a home detention program in any county without
a written contract with that county's correctional
administrator. However, this does not apply to the use of
electronic monitoring by the Department of Corrections and
Rehabilitation. No public or private agency or entity
entering into a contract may itself employ any person who
is in the home detention program.
b) Program acceptance shall not circumvent the normal
booking process for sentenced offenders. All home
detention program participants shall be supervised.
c) All privately operated home detention programs shall be
under the jurisdiction of, and subject to the terms and
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conditions of the contract entered into with, the
correctional administrator.
d) Each contract shall include, but not be limited to, all
of the following:
i) A provision whereby the private agency or entity
agrees to operate in compliance with any available
standards promulgated by state correctional agencies and
bodies, including the Corrections Standards Authority,
and all statutory provisions and mandates, state and
county, as appropriate and applicable to the operation of
home detention programs and the supervision of sentenced
offenders in a home detention program;
ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the
private agency or entity;
iii) A provision that requires the private agency or
entity to demonstrate evidence of financial
responsibility, submitted and approved by the board of
supervisors, in amounts and under conditions sufficient
to fully indemnify the county for reasonably foreseeable
public liability, including legal defense costs, that may
arise from, or be proximately caused by, acts or
omissions of the contractor. The contract shall provide
for annual review by the correctional administrator to
ensure compliance with requirements set by the board of
supervisors and for adjustment of the financial
responsibility requirements if warranted by caseload
changes or other factors;
iv) A provision that requires the private agency or
entity to provide evidence of financial responsibility,
such as certificates of insurance or copies of insurance
policies, prior to commencing any operations pursuant to
the contract or at any time requested by the board of
supervisors or correctional administrator; and,
v) A provision that permits the correctional
administrator to immediately terminate the contract with
a private agency or entity at any time that the
contractor fails to demonstrate evidence of financial
responsibility.
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e) All privately operated home detention programs shall
comply with all appropriate, applicable ordinances and
regulations, as specified.
f) The board of supervisors, the correctional
administrator, and the designee of the correctional
administrator shall comply with specified requirements in
the consideration, making, and execution of contracts
pursuant to this section.
g) The failure of the private agency or entity to comply
with statutory provisions and requirements or with the
standards established by the contract and with the
correctional administrator may be sufficient cause to
terminate the contract.
h) Upon the discovery that a private agency or entity with
whom there is a contract is not in compliance pursuant to
this paragraph, the correctional administrator shall give
60 days' notice to the director of the private agency or
entity that the contract may be canceled if the specified
deficiencies are not corrected.
i) Shorter notice may be given or the contract may be
canceled without notice whenever a serious threat to public
safety is present because the private agency or entity has
failed to comply with this section.
2)Allows the board of supervisors of any county to authorize the
correctional administrator to offer a program under which
inmates committed to a county jail or other county
correctional facility or granted probation, or inmates
participating in a work furlough program, may voluntarily
participate or involuntarily be placed in a home detention
program during their sentence in lieu of confinement in the
county jail or other county correctional facility or program
under the auspices of the probation officer. �Penal Code
Section 1203.016(a).]
3)Allows, 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,
the board of supervisors of any county to authorize the
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correctional administrator to offer a program under which
inmates committed to a county jail or other county
correctional facility or granted probation, or inmates
participating in a work furlough program, may be required to
participate in an involuntary home detention program, which
shall include electronic monitoring, during their sentence in
lieu of confinement in the county jail or other county
correctional facility or program under the auspices of the
probation officer. �Penal Code Section 1203.017(a).]
4)Allows the board of supervisors of any county to authorize the
correctional administrator to offer a program under which
inmates being held in lieu of bail in a county jail or other
county correctional facility may participate in an electronic
monitoring program if the following conditions are met (Penal
Code Section 1203.018):
a) The inmate has been held in custody for at least 30
calendar days from the date of arraignment pending
disposition of only misdemeanor charges;
b) The inmate has been held in custody pending disposition
of charges for at least 60 calendar days from the date of
arraignment; and
c) All participants shall be subject to discretionary
review for eligibility and compliance by the correctional
administrator consistent with this section.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
1)Author's Statement : According to the author, "If electronic
monitoring (radio frequency and GPS) is to be used effectively
as a tool to enhance public safety, it is imperative that the
providers of the monitoring services have substantial programs
in place to back-up the hardware that is attached to the
offender. A county vetting and contracting process needs to be
in place and used to insure that the providers can truly
deliver a quality monitoring service."
REGISTERED SUPPORT / OPPOSITION :
AB 2385
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Support
None
Opposition
None
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744