BILL ANALYSIS �
AB 2385
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ASSEMBLY THIRD READING
AB 2385 (Harkey and Hall)
As Amended May 9, 2012
Majority vote
PUBLIC SAFETY 6-0
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|Ayes:|Ammiano, Knight, Cedillo, | | |
| |Hagman, Mitchell, Skinner | | |
| | | | |
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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 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:
1)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.
2)Program acceptance shall not circumvent the normal booking
process for sentenced offenders. All home detention program
participants shall be supervised.
3)All privately operated home detention programs shall be under
the jurisdiction of, and subject to the terms and conditions
AB 2385
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of the contract entered into with, the correctional
administrator.
4)Each contract shall include, but not be limited to, all of the
following:
a) 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;
b) A provision that clearly defines areas of respective
responsibility and liability of the county and the private
agency or entity;
c) 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;
d) 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,
e) 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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5)All privately operated home detention programs shall comply
with all appropriate, applicable ordinances and regulations,
as specified.
6)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.
7)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.
8)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.
9)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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
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FN: 0003560