BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2385|
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THIRD READING
Bill No: AB 2385
Author: Harkey (R) and Hall (D)
Amended: 8/7/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 7/3/12
AYES: Hancock, Anderson, Calderon, Liu, Price
NOES: Steinberg
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 75-0, 5/14/12 - See last page for vote
SUBJECT : Electronic monitoring: contracts and standards
SOURCE : Sentinel Offender Services, Inc.
DIGEST : This bill provides that 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
of the Penal Code (PEN), relating to probation.
ANALYSIS : Existing law provides that the board of
supervisors of any county may authorize the correctional
administrator to offer a program under which minimum
security inmates and low-risk offenders committed to jail
or another correctional facility, granted probation, or
participating in a work furlough program may be placed in a
home detention program under the auspices of the probation
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officer, as specified. (PEN Section 1203.016, subd.(a))
Existing law states that it is the intent of the
Legislature that home detention programs established under
PEN Section 1203.016 maintain the highest public
confidence, credibility, and public safety. (PEN Section
1203.016, subd.(j)) In the furtherance of these standards,
the following shall apply:
1. The correctional administrator, with the approval of the
board of supervisors, may contract with public or
private agencies or entities to provide program
services. No agency or entity may operate a home
detention program without a written contract with that
county's correctional administrator, except as concerns
electronic monitoring by the Department of Corrections
and Rehabilitation. No agency or entity entering into a
contract may employ a person 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 of the contract entered into with the
correctional administrator.
4. Each contract shall include, but not be limited to, all
of the following provisions:
A. An agreement by the private entity to comply with
standards promulgated by state correctional agencies
and bodies, including the Corrections Standards
Authority, and all applicable statutory provisions
and mandates;
B. A provision that clearly defines areas of
respective responsibility and liability of the county
and the private agency or entity;
C. An agreement by the private entity to demonstrate
financial responsibility, as approved by the board of
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supervisors, so as to fully indemnify the county for
reasonably foreseeable public liability, including
legal fees, that may arise from 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. The entity shall 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. The correctional administrator may immediately
terminate the contract with a private agency or
entity if the contractor fails to demonstrate
evidence of financial responsibility.
5. 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.
6. 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.
7. Upon the discovery that the private agency or entity is
not in compliance with applicable laws and requirements,
the correctional administrator shall give 60 days'
notice to the director of the agency or entity that the
contract may be canceled if the specified deficiencies
are not corrected.
8. Shorter notice may be given, or the contract may be
canceled, without notice whenever a serious threat to
public safety is present.
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Existing law provides that a county board of supervisors
may authorize the correctional administrator to offer a
program under which sentenced misdemeanants committed to a
jail or other facility, or granted probation, or placed on
work furlough, may be required to participate in an
involuntary home detention program, which shall include
electronic monitoring, during their sentence under the
auspices of the probation officer, as specified. This
authority arises upon a determination by the correctional
administrator that jail overcrowding requires the release
of sentenced misdemeanants prior to the end of their full
terms. (PEN Section 1203.017)
Existing law 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 (PEN Section 1203.018):
1. The inmate has been held in custody for at least 30
calendar days from the date of arraignment pending
disposition of only misdemeanor charges;
2. The inmate has been held in custody pending disposition
of charges for at least 60 calendar days from the date
of arraignment; and
3. All participants shall be subject to discretionary
review for eligibility and compliance by the
correctional administrator consistent with this section.
Existing provisions in the statutes authorizing release on
electronic monitoring of sentenced misdemeanants (PEN
Section 1203.017) and persons held pending trial (PEN
Section 1203.018) require the electronic monitoring program
systems to meet standards established in PEN Section
1203.016, subdivision (j). (PEN Sections 1203.017, subd.
(i), and 1203.018, subd. (n))
This bill provides that 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
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contract and standards that comply with the provisions of
subdivision (j) of PEN Section 1203.016, relating to
probation.
This bill states that nothing in this bill is designed to
limit or restrict the use of electronic monitoring.
Background
In 2007, a program of home detention was created by SB 959
(Romero), Chapter 252, Statutes of 2007, under which a
county board of supervisors could authorize the county
correctional administrator to place sentenced misdemeanants
in a program of home detention. The main purpose of the
law was to reduce overcrowding in jails, particularly in
Los Angeles County. The analysis of SB 959 noted that many
jail inmates in Los Angeles were released after only
serving a small fraction of the sentence imposed by the
court. The Los Angeles County Board of Supervisors states
that SB 959 has been helpful in alleviating some of the
jail overcrowding in that county.
SB 959 included standards for electronic monitoring persons
placed on work furlough that had been set out in PEN
Section 1203.016, which authorized release on electronic
monitoring of low-risk inmates, probationers and persons
placed on work furlough. Those standards were in turn
incorporated into the provisions of PEN Section 1203.018,
which provides for a program of electronic monitoring of
pretrial detainees.
As part of criminal justice realignment the Legislature
enacted PEN Section 1203.018, which provides that a county
board of supervisors and the county correctional
administrator (typically the sheriff) may implement a
program of pretrial release on electronic monitoring. PEN
Section 1203.018 provides that a felony defendant may not
be released on electronic monitoring without bail until he
or she has been held in custody for 60 days.
Prior Legislation
AB 109 (Assembly Budget Committee), Chapter 15, Statutes of
2011, passed the Senate Floor (24-16) on 3/17/11.
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AB 1369 (Davis, 2010), passed the Senate Floor (25-9) on
8/23/10 and was vetoed.
SB 959 (Romero), Chapter 252, Statutes of 2007.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/7/12)
Sentinel Offender Services, Inc. (source)
ARGUMENTS IN SUPPORT : According to the author,
"Currently, offenders (pre-trial and pre-sentencing) are
periodically placed on electronic monitoring programs
provided by vendors that are not approved county providers
and who do not have a contract with the county. These
providers may or may not have a substantive monitoring
infrastructure in place to back up the monitoring devices
provided. If the infrastructure is lacking, the purpose of
monitoring is defeated. 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 process needs to be in place
and used to insure that the providers can truly deliver a
quality monitoring service. The monitoring hardware is
only as good as the monitoring 'program' that backs it up."
ASSEMBLY FLOOR : 75-0, 5/14/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
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Olsen, Pan, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Wagner, Wieckowski,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Atkins, Fletcher, Hagman, Perea, Valadao
RJG:k 7/19/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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