Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 632

Introduced by Assembly Member Fox

February 20, 2013

An act to amend Section begin delete 1208 end delete begin insert 395 end insert of the begin delete Penal Code end delete begin insert Code of Civil Procedure end insert , relating to begin delete work furlough end delete begin insert courts end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 632, as amended, Fox. begin delete Work furlough: county jails. end delete begin insert Superior Courts: judicial districts. end insert

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Existing law, except as otherwise provided, makes the superior court in the county where the defendants or some of the defendants reside at the commencement of an action the proper court for the trial of the action. Existing law makes the superior court in the county where an injury occurs or where the defendant or some of the defendants reside the proper court for an action if the action is for injury to person or personal property or death from wrongful act of negligence.

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This bill would make the judicial district of the superior court in the county where the defendant or some of the defendants reside or where the acts occurred the proper court for purposes of the above actions.

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Existing law authorizes a county, upon approval by the board of supervisors, to establish a work furlough program. Existing law authorizes the board to designate a county facility and a work furlough administrator for the program, as specified. Existing law provides that when a person is convicted of a misdemeanor and sentenced to a county jail, the work furlough administrator may, if he or she concludes that the person is a fit subject to continue in his or her regular employment or job training program, direct that the person be permitted to continue in that employment or job training program, as specified, or may authorize the person to secure employment or local job training for himself or herself, unless the court at the time of sentencing or committing has ordered that the person not be granted work furlough. Existing law describes job training for purposes of these provisions.

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This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 395 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

395.  

(a) Except as otherwise provided by law and subject to
the power of the court to transfer actions or proceedings as provided
in this title, the begin insert judicial district of the end insert superior court in the county
where the defendants or some of them reside at the commencement
of the action is the proper court for the trial of the action. If the
action is for injury to person or personal property or for death from
wrongful act or negligence, begin insert the judicial district of end insert the superior
court in either the county where the injury occurs or the injury
causing death occurs or the begin delete county end delete begin insert judicial district of the superior
court in the county end insert where the defendants, or some of them reside
at the commencement of the action, is a proper court for the trial
of the action. In a proceeding for dissolution of marriage, the
superior court in the county where either the petitioner or
respondent has been a resident for three months next preceding
the commencement of the proceeding is the proper court for the
trial of the proceeding. In a proceeding for nullity of marriage or
legal separation of the parties, the superior court in the county
where either the petitioner or the respondent resides at the
commencement of the proceeding is the proper court for the trial
of the proceeding. In a proceeding to enforce an obligation of
support under Section 3900 of the Family Code, the superior court
in the county where the child resides is the proper court for the
trial of the action. In a proceeding to establish and enforce a foreign
judgment or court order for the support of a minor child, the
superior court in the county where the child resides is the proper
court for the trial of the action. Subject to subdivision (b), if a
defendant has contracted to perform an obligation in a particular
county, the superior court in the county where the obligation is to
be performed, where the contract in fact was entered into, or where
the defendant or any defendant resides at the commencement of
the action is a proper court for the trial of an action founded on
that obligation, and the county where the obligation is incurred is
the county where it is to be performed, unless there is a special
contract in writing to the contrary. If none of the defendants reside
in the state or if they reside in the state and the county where they
reside is unknown to the plaintiff, the action may be tried in the
superior court in any county that the plaintiff may designate in his
or her complaint, and, if the defendant is about to depart from the
state, the action may be tried in the superior court in any county
where either of the parties reside or service is made. If any person
is improperly joined as a defendant or has been made a defendant
solely for the purpose of having the action tried in the superior
court in the county where he or she resides, his or her residence
shall not be considered in determining the proper place for the trial
of the action.

(b) Subject to the power of the court to transfer actions or
proceedings as provided in this title, in an action arising from an
offer or provision of goods, services, loans or extensions of credit
intended primarily for personal, family or household use, other
than an obligation described in Section 1812.10 or Section 2984.4
of the Civil Code, or an action arising from a transaction
consummated as a proximate result of either an unsolicited
telephone call made by a seller engaged in the business of
consummating transactions of that kind or a telephone call or
electronic transmission made by the buyer or lessee in response
to a solicitation by the seller, the superior court in the county where
the buyer or lessee in fact signed the contract, where the buyer or
lessee resided at the time the contract was entered into, or where
the buyer or lessee resides at the commencement of the action is
the proper court for the trial of the action. In the superior court
designated in this subdivision as the proper court, the proper court
location for trial of a case is the location where the court tries that
type of case that is nearest or most accessible to where the buyer
or lessee resides, where the buyer or lessee in fact signed the
contract, where the buyer or lessee resided at the time the contract
was entered into, or where the buyer or lessee resides at the
commencement of the action. Otherwise, any location of the
superior court designated as the proper court in this subdivision is
a proper court location for the trial. The court may specify by local
rule the nearest or most accessible court location where the court
tries that type of case.

(c) Any provision of an obligation described in subdivision (b)
waiving that subdivision is void and unenforceable.

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SECTION 1.  

Section 1208 of the Penal Code is amended to
read:

1208.  

(a) (1) The provisions of this section, insofar as they
relate to employment, shall be operative in any county in which
the board of supervisors by ordinance finds, on the basis of
employment conditions, the state of the county jail facilities, and
other pertinent circumstances, that the operation of this section,
insofar as it relates to employment, in that county is feasible. The
provisions of this section, insofar as they relate to job training,
shall be operative in any county in which the board of supervisors
by ordinance finds, on the basis of job training conditions, the state
of the county jail facilities, and other pertinent circumstances, that
the operation of this section, insofar as it relates to job training, in
that county is feasible. The provisions of this section, insofar as
they relate to education, shall be operative in any county in which
the board of supervisors by ordinance finds, on the basis of
education conditions, the state of the county jail facilities, and
other pertinent circumstances, that the operation of this section,
insofar as it relates to education, in that county is feasible. In any
ordinance the board shall prescribe whether the sheriff, the
probation officer, the director of the county department of
corrections, or the superintendent of a county industrial farm or
industrial road camp in the county shall perform the functions of
the work furlough administrator. The board may, in that ordinance,
provide for the performance of any or all functions of the work
furlough administrator by any one or more of those persons, acting
separately or jointly as to any of the functions; and may, by a
subsequent ordinance, revise the provisions within the authorization
of this section. The board of supervisors may also terminate the
operation of this section, either with respect to employment, job
training, or education in the county if it finds by ordinance that
because of changed circumstances, the operation of this section,
either with respect to employment, job training, or education in
that county is no longer feasible.

(2) Notwithstanding any other provision of law, the board of
supervisors may by ordinance designate a facility for confinement
of prisoners classified for the work furlough program and designate
the work furlough administrator as the custodian of the facility.
The work furlough administrator may operate the work furlough
facility or, with the approval of the board of supervisors, administer
the work furlough facility pursuant to written contracts with
appropriate public or private agencies or private entities. No agency
or private entity may operate a work furlough program or facility
without a written contract with the work furlough administrator,
and no agency or private entity entering into a written contract
may itself employ any person who is in the work furlough program.
The sheriff or director of the county department of corrections, as
the case may be, is authorized to transfer custody of prisoners to
the work furlough administrator to be confined in a facility for the
period during which they are in the work furlough program.

(3) All privately operated local work furlough facilities and
programs shall be under the jurisdiction of, and subject to the terms
of a written contract entered into with, the work furlough
administrator. Each contract shall include, but not be limited to, a
provision whereby the private agency or entity agrees to operate
in compliance with all appropriate state and local building, zoning,
health, safety, and fire statutes, ordinances, and regulations and
the minimum jail standards for Type IV facilities as established
by regulations adopted by the Board of State and Community
Corrections, and a provision whereby the private agency or entity
agrees to operate in compliance with Section 1208.2, which
provides that no eligible person shall be denied consideration for,
or be removed from, participation in a work furlough program
because of an inability to pay all or a portion of the program fees.
The private agency or entity shall select and train its personnel in
accordance with selection and training requirements adopted by
the Board of State and Community Corrections as set forth in
Subchapter 1 (commencing with Section 100) of Chapter 1 of
Division 1 of Title 15 of the California Code of Regulations.
Failure to comply with the appropriate health, safety, and fire laws
or minimum jail standards adopted by the board may be cause for
termination of the contract. Upon discovery of a failure to comply
with these requirements, the work furlough administrator shall
notify the privately operated program director that the contract
may be canceled if the specified deficiencies are not corrected
within 60 days.

(4) All private work furlough facilities and programs shall be
inspected biennially by the Board of State and Community
Corrections unless the work furlough administrator requests an
earlier inspection pursuant to Section 6031.1. Each private agency
or entity shall pay a fee to the Board of State and Community
Corrections commensurate with the cost of those inspections and
a fee commensurate with the cost of the initial review of the
facility.

(b) When a person is convicted of a misdemeanor and sentenced
to the county jail, or is imprisoned in the county jail for
nonpayment of a fine, for contempt, or as a condition of probation
for any criminal offense, the work furlough administrator may, if
he or she concludes that the person is a fit subject to continue in
his or her regular employment, direct that the person be permitted
to continue in that employment, if that is compatible with the
requirements of subdivision (c), or may authorize the person to
secure employment for himself or herself, unless the court at the
time of sentencing or committing has ordered that the person not
be granted work furloughs. The work furlough administrator may,
if he or she concludes that the person is a fit subject to continue
in his or her job training program, direct that the person be
permitted to continue in that job training program, if that is
compatible with the requirements of subdivision (c), or may
authorize the person to secure local job training for himself or
herself, unless the court at the time of sentencing has ordered that
person not be granted work furloughs. The work furlough
administrator may, if he or she concludes that the person is a fit
subject to continue in his or her regular educational program, direct
that the person be permitted to continue in that educational
program, if that is compatible with the requirements of subdivision
(c), or may authorize the person to secure education for himself
or herself, unless the court at the time of sentencing has ordered
that person not be granted work furloughs.

(c) If the work furlough administrator so directs that the prisoner
be permitted to continue in his or her regular employment, job
training, or educational program, the administrator shall arrange
for a continuation of that employment or for that job training or
education, so far as possible without interruption. If the prisoner
does not have regular employment or a regular job training or
educational program, and the administrator has authorized the
prisoner to secure employment, job training, or education for
himself or herself, the prisoner may do so, and the administrator
may assist the prisoner in doing so. Any employment, job training,
or education so secured shall be suitable for the prisoner. The
employment, and the job training or educational program if it
includes earnings by the prisoner, shall be at a wage at least as
high as the prevailing wage for similar work in the area where the
work is performed and in accordance with the prevailing working
conditions in that area. In no event may any employment, job
training, or educational program involving earnings by the prisoner
be permitted where there is a labor dispute in the establishment in
which the prisoner is, or is to be, employed, trained, or educated.

(d) (1) Whenever the prisoner is not employed or being trained
or educated and between the hours or periods of employment,
training, or education, the prisoner shall be confined in the facility
designated by the board of supervisors for work furlough
confinement unless the work furlough administrator directs
otherwise. If the prisoner is injured during a period of employment,
job training, or education, the work furlough administrator shall
have the authority to release him or her from the facility for
continued medical treatment by private physicians or at medical
facilities at the expense of the employer, workers’ compensation
insurer, or the prisoner. The release shall not be construed as
assumption of liability by the county or work furlough
administrator for medical treatment obtained.

(2) The work furlough administrator may release any prisoner
classified for the work furlough program for a period not to exceed
72 hours for medical, dental, or psychiatric care, or for family
emergencies or pressing business which would result in severe
hardship if the release were not granted, or to attend those activities
as the administrator deems may effectively promote the prisoner’s
successful return to the community, including, but not limited to,
an attempt to secure housing, employment, entry into educational
programs, or participation in community programs.

(e) The earnings of the prisoner may be collected by the work
furlough administrator, and it shall be the duty of the prisoner’s
employer to transmit the wages to the administrator at the latter’s
request. Earnings levied upon pursuant to writ of execution or in
other lawful manner shall not be transmitted to the administrator.
If the administrator has requested transmittal of earnings prior to
levy, that request shall have priority. In a case in which the
functions of the administrator are performed by a sheriff, and the
sheriff receives a writ of execution for the earnings of a prisoner
subject to this section but has not yet requested transmittal of the
prisoner’s earnings pursuant to this section, the sheriff shall first
levy on the earnings pursuant to the writ. When an employer or
educator transmits earnings to the administrator pursuant to this
subdivision, the sheriff shall have no liability to the prisoner for
those earnings. From the earnings the administrator shall pay the
prisoner’s board and personal expenses, both inside and outside
the jail, and shall deduct so much of the costs of administration of
this section as is allocable to the prisoner or if the prisoner is unable
to pay that sum, a lesser sum as is reasonable, and, in an amount
determined by the administrator, shall pay the support of the
prisoner’s dependents, if any. If sufficient funds are available after
making the foregoing payments, the administrator may, with the
consent of the prisoner, pay, in whole or in part, the preexisting
debts of the prisoner. Any balance shall be retained until the
prisoner’s discharge. Upon discharge the balance shall be paid to
the prisoner.

(f) The prisoner shall be eligible for time credits pursuant to
Sections 4018 and 4019.

(g) In the event the prisoner violates the conditions laid down
for his or her conduct, custody, job training, education, or
employment, the work furlough administrator may order the
balance of the prisoner’s sentence to be spent in actual confinement.

(h) Willful failure of the prisoner to return to the place of
confinement not later than the expiration of any period during
which he or she is authorized to be away from the place of
confinement pursuant to this section is punishable as provided in
Section 4532.

(i) The court may recommend or refer a person to the work
furlough administrator for consideration for placement in the work
furlough program or a particular work furlough facility. The
recommendation or referral of the court shall be given great weight
in the determination of acceptance or denial for placement in the
work furlough program or a particular work furlough facility.

(j) As used in this section, the following definitions apply:

(1) “Education” includes vocational and educational training
and counseling, and psychological, drug abuse, alcoholic, and
other rehabilitative counseling.

(2) “Educator” includes a person or institution providing that
training or counseling.

(3) “Employment” includes care of children, including the
daytime care of children of the prisoner.

(4) “Job training” may include, but shall not be limited to, job
training assistance.

(k) This section shall be known and may be cited as the “Cobey
Work Furlough Law.”

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