AB 2499, as introduced, Bonilla. Offenders: home detention programs.
Existing law provides that the board of supervisors of any county may 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. Existing law requires the correctional administrator to provide specified information about a participant upon request of the police department of a city where an office is located to which persons on an electronic monitoring program report. Existing law requires any information received by a police department pursuant to that request to be used only for the purpose of monitoring the impact of home electronic monitoring programs in the community.
This bill would add to the information subject to those requests, current and historic GPS location data, if available. The bill would recast the provisions restricting the use of that information to prohibit a police department that does not have the primary responsibility to supervise participants in the electronic monitoring program that receives the requested information from using the information to conduct enforcement actions based on administrative violations of the home detention program. The bill would require a police department that has knowledge that the subject in a criminal investigation is a participant in an electronic monitoring program to make reasonable efforts to notify the supervising agency prior to serving a warrant or taking any law enforcement action against a participant in an electronic monitoring program.
By imposing additional requirements on local agencies, this bill would impose a state-mandated local program.
Existing law provides that the county board of supervisors of any county may, 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, authorize the correctional administrator to offer a program under which specified inmates may be required to participate in an involuntary home detention program.
This bill would remove the requirement that the inmates subject to the involuntary home detention program be misdemeanor inmates. By expanding the availability of an inmate program administered by local agencies, this bill would impose a state-mandated local program.
Existing law provides that the county board of supervisors may 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 certain conditions are met. Existing law requires the correctional administrator to provide specified information about a participant upon request of a local law enforcement agency with jurisdiction over the location where a participant in an electronic monitoring program is placed. Existing law requires any information received by a law enforcement agency pursuant to that request to be used only for the purpose of monitoring the impact of home electronic monitoring programs in the community.
This bill would add to the information subject to those requests, current and historic GPS location data, if available. The bill would recast the provisions restricting the use of that information to prohibit a law enforcement agency that does not have the primary responsibility to supervise participants in the electronic monitoring program that receives the requested information from using the information to conduct enforcement actions based on administrative violations of the home detention program. The bill would require that an agency that has knowledge that the subject in a criminal investigation is a participant in an electronic monitoring program to make reasonable efforts to notify the supervising agency prior to serving a warrant or taking any law enforcement action against a participant in an electronic monitoring program.
By imposing additional requirements on local agencies, this bill would impose a state-mandated local program.
Existing law requires that when a defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, and other specified facilities, all days of custody of the defendant, including, home detention for inmates who otherwise would be in jail in lieu of bail, are credited toward the term of imprisonment or toward any fine. Existing law also provides that the time spent in these facilities or programs qualifies as mandatory time in jail if the statute under which the defendant is sentenced requires a mandatory minimum period of time in jail.
This bill would include other home detention programs for the purpose of crediting days in custody for those purposes. The bill would remove the requirement that the statute under which the defendant is sentenced requires a mandatory minimum period of time in jail in order for the time spent in those facilities or programs to qualify as mandatory time in jail.
By increasing the administrative responsibilities of local agencies, this bill would impose a state-mandated local program.
Existing law provides that a prisoner, who, for specified reasons, is confined in or committed to a county jail, industrial farm, or road camp, or any city jail, industrial farm, or road camp, shall, for each 4 day period of custody, have one day deducted from the prisoner’s period of confinement, unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp. Existing law additionally requires for those prisoners, that for every 4 days of confinement, one day to be deducted from the prisoner’s period of confinement, unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
This bill would apply those provisions to persons who are confined on or after January 1, 2015, in specified home detention programs.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1203.016 of the Penal Code is amended
2to read:
(a) Notwithstanding any otherbegin delete provision ofend delete law, the
4board of supervisors of any county may authorize the correctional
5administrator, as defined in subdivision (h), to offer a program
6under which inmates committed to a county jail or other county
7correctional facility or granted probation, or inmates participating
8in a work furlough program, may voluntarily participate or
9involuntarily be placed in a home detention program during their
10sentence in lieu of confinement in the county jail or other county
11correctional facility or program under the auspices of the probation
12officer.
13(b) The board of supervisors, in consultation with the
14correctional administrator, may prescribe
reasonable rules and
15regulations under which a home detention program may operate.
16As a condition of participation in the home detention program, the
17inmate shall give his or her consent in writing to participate in the
18home detention program and shall in writing agree to comply or,
19for involuntary participation, the inmate shall be informed in
20writing that he or she shall comply, with the rules and regulations
21of the program, including, but not limited to, the following rules:
22(1) The participant shall remain within the interior premises of
23his or her residence during the hours designated by the correctional
24administrator.
25(2) The participant shall admit any person or agent designated
26by the correctional administrator into his or her residence at any
27time for purposes of verifying the participant’s compliance with
28the conditions of his or her detention.
P5 1(3) The participant shall agree to the use of electronic
2monitoring, which may include global positioning system devices
3or other supervising devices for the purpose of helping to verify
4his or her compliance with the rules and regulations of the home
5detention program. The devices shall not be used to eavesdrop or
6record any conversation, except a conversation between the
7participant and the person supervising the participant which is to
8be used solely for the purposes of voice identification.
9(4) The participant shall agree that the correctional administrator
10in charge of the county correctional facility from which the
11participant was released may, without further order of the court,
12immediately retake the person into custody to serve the balance
13of his or her sentence if the electronic monitoring or supervising
14devices are unable for any reason to properly perform their function
15
at the designated place of home detention, if the person fails to
16remain within the place of home detention as stipulated in the
17agreement, if the person willfully fails to pay fees to the provider
18of electronic home detention services, as stipulated in the
19agreement, subsequent to the written notification of the participant
20that the payment has not been received and that return to custody
21may result, or if the person for any other reason no longer meets
22the established criteria under this section. A copy of the agreement
23shall be delivered to the participant and a copy retained by the
24correctional administrator.
25(c) Whenever the peace officer supervising a participant has
26reasonable cause to believe that the participant is not complying
27with the rules or conditions of the program, or that the electronic
28monitoring devices are unable to function properly in the
29designated place of confinement, the peace officer may, under
30general or specific
authorization of the correctional administrator,
31and without a warrant of arrest, retake the person into custody to
32complete the remainder of the original sentence.
33(d) Nothing in this section shall be construed to require the
34correctional administrator to allow a person to participate in this
35program if it appears from the record that the person has not
36satisfactorily complied with reasonable rules and regulations while
37in custody. A person shall be eligible for participation in a home
38detention program only if the correctional administrator concludes
39that the person meets the criteria for release established under this
40section and that the person’s participation is consistent with any
P6 1reasonable rules and regulations prescribed by the board of
2supervisors or the administrative policy of the correctional
3administrator.
4(1) The rules and regulations and administrative policy of
the
5program shall be written and reviewed on an annual basis by the
6county board of supervisors and the correctional administrator.
7The rules and regulations shall be given to or made available to
8any participant upon request.
9(2) The correctional administrator, or his or her designee, shall
10have the sole discretionary authority to permit program
11participation as an alternative to physical custody. All persons
12referred or recommended by the court to participate in the home
13detention program pursuant to subdivision (e) who are denied
14participation or all persons removed from program participation
15shall be notified in writing of the specific reasons for the denial
16or removal. The notice of denial or removal shall include the
17participant’s appeal rights, as established by program administrative
18policy.
19(e) The court may recommend or refer a person to the
20correctional administrator
for consideration for placement in the
21home detention program. The recommendation or referral of the
22court shall be given great weight in the determination of acceptance
23or denial. At the time of sentencing or at any time that the court
24deems it necessary, the court may restrict or deny the defendant’s
25participation in a home detention program.
26(f) The correctional administrator may permit home detention
27program participants to seek and retain employment in the
28community, attend psychological counseling sessions or
29educational or vocational training classes, or seek medical and
30dental assistance. Willful failure of the program participant to
31return to the place of home detention not later than the expiration
32of any period of time during which he or she is authorized to be
33away from the place of home detention pursuant to this section
34and unauthorized departures from the place of home detention are
35punishable as provided in Section 4532.
36(g) The board of supervisors may prescribe a program
37administrative fee to be paid by each home detention participant
38that shall be determined according to his or her ability to pay.
39Inability to pay all or a portion of the program fees shall not
40preclude participation in the program, and eligibility shall not be
P7 1enhanced by reason of ability to pay. All program administration
2and supervision fees shall be administered in compliance with
3Section 1208.2.
4(h) As used in this section, “Correctional administrator” means
5the sheriff, probation officer, or director of the county department
6of corrections.
7(i) Notwithstanding any other law, the police department of a
8city where an office is located to which persons on an electronic
9monitoring program report may request the county correctional
10administrator to provide
information concerning those persons.
11This information shall be limited to the name, address, date of
12birth,begin delete andend delete offense committed by the homebegin delete detainee. Any begin insert detainee,
13information received by a police department pursuant to this
14paragraph shall be used only for the purpose of monitoring the
15impact of home detention programs on the community.end delete
16and if available, current and historical GPS coordinates of the
17home detainee. A police department that does not have the primary
18responsibility to supervise participants in the electronic monitoring
19program that receives information pursuant to this subdivision
20shall not use the information to conduct enforcement actions based
21on administrative violations of the home detention program. A
22police department that has knowledge
that the subject in a criminal
23investigation is a participant in an electronic monitoring program
24shall make reasonable efforts to notify the supervising agency
25prior to serving a warrant or taking any law enforcement action
26against a participant in an electronic monitoring program.end insert
27(j) It is the intent of the Legislature that home detention
28programs established under this section maintain the highest public
29confidence, credibility, and public safety. In the furtherance of
30these standards, the following shall apply:
31(1) The correctional administrator, with the approval of the
32board of supervisors, may administer a home detention program
33pursuant to written contracts with appropriate public or private
34agencies or entities to provide specified program services. No
35public or private agency or entity may operate a home detention
36program in any county without a
written contract with that county’s
37correctional administrator. However, this does not apply to the use
38of electronic monitoring by the Department of Corrections and
39Rehabilitation. No public or private agency or entity entering into
P8 1a contract may itself employ any person who is in the home
2detention program.
3(2) Program acceptance shall not circumvent the normal booking
4process for sentenced offenders. All home detention program
5participants shall be supervised.
6(3) (A) All privately operated home detention programs shall
7be under the jurisdiction of, and subject to the terms and conditions
8of the contract entered into with, the correctional administrator.
9(B) Each contract shall include, but not be limited to, all of the
10following:
11(i) A provision whereby the private agency or entity agrees to
12operate in compliance with any available standards promulgated
13by state correctional agencies and bodies, including the Corrections
14Standards Authority, and all statutory provisions and mandates,
15state and county, as appropriate and applicable to the operation of
16home detention programs and the supervision of sentenced
17offenders in a home detention program.
18(ii) A provision that clearly defines areas of respective
19responsibility and liability of the county and the private agency or
20entity.
21(iii) A provision that requires the private agency or entity to
22demonstrate evidence of financial responsibility, submitted and
23approved by the board of supervisors, in amounts and under
24conditions sufficient to fully indemnify the county for reasonably
25foreseeable public liability, including legal defense costs, that
may
26arise from, or be proximately caused by, acts or omissions of the
27contractor. The contract shall provide for annual review by the
28correctional administrator to ensure compliance with requirements
29set by the board of supervisors and for adjustment of the financial
30responsibility requirements if warranted by caseload changes or
31other factors.
32(iv) A provision that requires the private agency or entity to
33provide evidence of financial responsibility, such as certificates
34of insurance or copies of insurance policies, prior to commencing
35any operations pursuant to the contract or at any time requested
36by the board of supervisors or correctional administrator.
37(v) A provision that permits the correctional administrator to
38immediately terminate the contract with a private agency or entity
39at any time that the contractor fails to demonstrate evidence of
40financial responsibility.
P9 1(C) All privately operated home detention programs shall
2comply with all appropriate, applicable ordinances and regulations
3specified in subdivision (a) of Section 1208.
4(D) The board of supervisors, the correctional administrator,
5and the designee of the correctional administrator shall comply
6with Section 1090 of the Government Code in the consideration,
7making, and execution of contracts pursuant to this section.
8(E) The failure of the private agency or entity to comply with
9statutory provisions and requirements or with the standards
10established by the contract and with the correctional administrator
11may be sufficient cause to terminate the contract.
12(F) Upon the discovery that a private agency or entity with
13whom there is a contract is not in
compliance pursuant to this
14paragraph, the correctional administrator shall give 60 days’ notice
15to the director of the private agency or entity that the contract may
16be canceled if the specified deficiencies are not corrected.
17(G) Shorter notice may be given or the contract may be canceled
18without notice whenever a serious threat to public safety is present
19because the private agency or entity has failed to comply with this
20section.
21(k) For purposes of this section, “evidence of financial
22responsibility” may include, but is not limited to, certified copies
23of any of the following:
24(1) A current liability insurance policy.
25(2) A current errors and omissions insurance policy.
26(3) A surety bond.
Section 1203.017 of the Penal Code is amended to
28read:
(a) Notwithstanding any otherbegin delete provision ofend delete law,
30upon determination by the correctional administrator that
31conditions in a jail facility warrant the necessity of releasing
32sentencedbegin delete misdemeanorend delete inmates prior to them serving the full
33amount of a given sentence due to lack of jail space, the board of
34supervisors of any county may authorize the correctional
35administrator to offer a program under which inmates committed
36to a county jail or other county correctional facility or granted
37probation, or inmates participating in a work furlough program,
38may be required to participate in an involuntary home detention
39program, which
shall include electronic monitoring, during their
40sentence in lieu of confinement in the county jail or other county
P10 1correctional facility or program under the auspices of the probation
2officer. Under this program, one day of participation shall be in
3lieu of one day of incarceration. Participants in the program shall
4receive any sentence reduction credits that they would have
5received had they served their sentences in a county correctional
6facility.
7(b) The board of supervisors may prescribe reasonable rules
8and regulations under which an involuntary home detention
9program may operate. The inmate shall be informed in writing that
10he or she shall comply with the rules and regulations of the
11program, including, but not limited to, the following rules:
12(1) The participant shall remain within the interior premises of
13his or her residence during the hours designated by the
correctional
14administrator.
15(2) The participant shall admit any peace officer designated by
16the correctional administrator into his or her residence at any time
17for purposes of verifying the participant’s compliance with the
18conditions of his or her detention.
19(3) The use of electronic monitoring may include global
20positioning system devices or other supervising devices for the
21purpose of helping to verify his or her compliance with the rules
22and regulations of the home detention program. The devices shall
23not be used to eavesdrop or record any conversation, except a
24conversation between the participant and the person supervising
25the participant which is to be used solely for the purposes of voice
26identification.
27(4) The correctional administrator in charge of the county
28correctional facility from which the
participant was released may,
29without further order of the court, immediately retake the person
30into custody to serve the balance of his or her sentence if the
31electronic monitoring or supervising devices are unable for any
32reason to properly perform their function at the designated place
33of home detention, if the person fails to remain within the place
34of home detention as stipulated in the agreement, or if the person
35for any other reason no longer meets the established criteria under
36this section.
37(c) Whenever the peace officer supervising a participant has
38reasonable cause to believe that the participant is not complying
39with the rules or conditions of the program, or that the electronic
40monitoring devices are unable to function properly in the
P11 1designated place of confinement, the peace officer may, under
2general or specific authorization of the correctional administrator,
3and without a warrant of arrest, retake the person into custody to
4
complete the remainder of the original sentence.
5(d) begin deleteNothing in this section shall be construed to end deletebegin insertThis section
6does not end insertrequire the correctional administrator to allow a person
7to participate in this program if it appears from the record that the
8person has not satisfactorily complied with reasonable rules and
9regulations while in custody. A person shall be eligible for
10participation in a home detention program only if the correctional
11administrator concludes that the person meets the criteria for release
12established under this section and that the person’s participation
13is consistent with any reasonable rules and regulations prescribed
14by the board of supervisors or the administrative policy of the
15correctional administrator.
16(1) The rules and regulations and administrative policy of the
17program shall be written and reviewed on an annual basis by the
18county board of supervisors and the correctional administrator.
19The rules and regulations shall be given to or made available to
20any participant upon request.
21(2) The correctional administrator, or his or her designee, shall
22have the sole discretionary authority to permit program
23participation as an alternative to physical custody. All persons
24referred or recommended by the court to participate in the home
25detention program pursuant to subdivision (e) who are denied
26participation or all persons removed from program participation
27shall be notified in writing of the specific reasons for the denial
28or removal. The notice of denial or removal shall include the
29participant’s appeal rights, as established by program administrative
30policy.
31(e) The court may recommend or refer a person to the
32correctional administrator for consideration for placement in the
33home detention program. The recommendation or referral of the
34court shall be given great weight in the determination of acceptance
35or denial. At the time of sentencing or at any time that the court
36deems it necessary, the court may restrict or deny the defendant’s
37participation in a home detention program.
38(f) The correctional administrator may permit home detention
39program participants to seek and retain employment in the
40community, attend psychological counseling sessions or
P12 1educational or vocational training classes, or seek medical and
2dental assistance. Willful failure of the program participant to
3return to the place of home detention not later than the expiration
4of any period of time during which he or she is authorized to be
5away from the place of home
detention pursuant to this section
6and unauthorized departures from the place of home detention are
7punishable as provided in Section 4532.
8(g) As used in this section, “correctional administrator” means
9the sheriff, probation officer, or director of the county department
10of corrections.
11(h) (1) Notwithstanding any other law, the correctional
12administrator shall provide the information specified in paragraph
13(2) regarding persons on involuntary home detention to the
14Corrections Standards Authority, and upon request, shall provide
15that information to the law enforcement agency of a city or
16unincorporated area where an office is located to which persons
17on involuntary home detention report.
18(2) The information required by paragraph (1) shall consist of
19the following:
20(A) The participant’s name, address, and date of birth.
21(B) The offense committed by the participant.
22(C) The period of time the participant will be placed on home
23detention.
24(D) Whether the participant successfully completed the
25prescribed period of home detention or was returned to a county
26correctional facility, and if the person was returned to a county
27correctional facility, the reason for that return.
28(E) The gender and ethnicity of the participant.
29(3) Any information received by a police department pursuant
30to this subdivision shall be used only for the purpose of monitoring
31the impact of home detention programs on the
community.
32(i) It is the intent of the Legislature that home detention
33programs established under this section maintain the highest public
34confidence, credibility, and public safety. In the furtherance of
35these standards, the following shall apply:
36(1) The correctional administrator, with the approval of the
37board of supervisors, may administer a home detention program
38pursuant to written contracts with appropriate public or private
39agencies or entities to provide specified program services.begin delete Noend deletebegin insert Aend insert
40 public or private agency or entitybegin delete mayend deletebegin insert
shall notend insert operate a home
P13 1detention program inbegin delete anyend deletebegin insert aend insert county without a written contract with
2that county’s correctional administrator. However, this does not
3apply to the use of electronic monitoring by the Department of
4Corrections and Rehabilitation as established in Section 3004.begin delete Noend delete
5begin insert Aend insert public or private agency or entity entering into a contractbegin delete mayend delete
6begin insert shall notend insert itself employ any person who is in the home
detention
7program.
8(2) Program acceptance shall not circumvent the normal booking
9process for sentenced offenders. All home detention program
10participants shall be supervised.
11(3) (A) All privately operated home detention programs shall
12be under the jurisdiction of, and subject to the terms and conditions
13of the contract entered into with, the correctional administrator.
14(B) Each contract shall include, but not be limited to, all of the
15following:
16(i) A provision whereby the private agency or entity agrees to
17operate in compliance with any available standards promulgated
18by state correctional agencies and bodies, including the Corrections
19Standards Authority, and all statutory provisions and mandates,
20state and county, as appropriate and applicable to
the operation of
21home detention programs and the supervision of sentenced
22offenders in a home detention program.
23(ii) A provision that clearly defines areas of respective
24responsibility and liability of the county and the private agency or
25entity.
26(iii) A provision that requires the private agency or entity to
27demonstrate evidence of financial responsibility, submitted and
28approved by the board of supervisors, in amounts and under
29conditions sufficient to fully indemnify the county for reasonably
30foreseeable public liability, including legal defense costs, that may
31arise from, or be proximately caused by, acts or omissions of the
32contractor. The contract shall provide for annual review by the
33correctional administrator to ensure compliance with requirements
34set by the board of supervisors and for adjustment of the financial
35responsibility requirements if warranted by caseload
changes or
36other factors.
37(iv) A provision that requires the private agency or entity to
38provide evidence of financial responsibility, such as certificates
39of insurance or copies of insurance policies, prior to commencing
P14 1any operations pursuant to the contract or at any time requested
2by the board of supervisors or correctional administrator.
3(v) A provision that permits the correctional administrator to
4immediately terminate the contract with a private agency or entity
5at any time that the contractor fails to demonstrate evidence of
6financial responsibility.
7(C) All privately operated home detention programs shall
8comply with all appropriate, applicable ordinances and regulations
9specified in subdivision (a) of Section 1208.
10(D) The board of
supervisors, the correctional administrator,
11and the designee of the correctional administrator shall comply
12with Section 1090 of the Government Code in the consideration,
13making, and execution of contracts pursuant to this section.
14(E) The failure of the private agency or entity to comply with
15statutory provisions and requirements or with the standards
16established by the contract and with the correctional administrator
17may be sufficient cause to terminate the contract.
18(F) Upon the discovery that a private agency or entity with
19whom there is a contract is not in compliance pursuant to this
20paragraph, the correctional administrator shall give 60 days’ notice
21to the director of the private agency or entity that the contract may
22be canceled if the specified deficiencies are not corrected.
23(G) Shorter notice may be
given or the contract may be canceled
24without notice whenever a serious threat to public safety is present
25because the private agency or entity has failed to comply with this
26section.
27(j) Inmates participating in this program shall not be charged
28fees or costs for the program.
29(k) For purposes of this section, “evidence of financial
30responsibility” may include, but is not limited to, certified copies
31of any of the following:
32(1) A current liability insurance policy.
33(2) A current errors and omissions insurance policy.
34(3) A surety bond.
Section 1203.018 of the Penal Code is amended to
36read:
(a) Notwithstanding any other law, this section shall
38only apply to inmates being held in lieu of bail and on no other
39basis.
P15 1(b) Notwithstanding any other law, the board of supervisors of
2any county may authorize the correctional administrator, as defined
3in paragraph (1) of subdivision (k), to offer a program under which
4inmates being held in lieu of bail in a county jail or other county
5correctional facility may participate in an electronic monitoring
6program if the conditions specified in subdivision (c) are met.
7(c) (1) In order to qualify for participation in an electronic
8monitoring program pursuant to this section, the inmatebegin delete mustend deletebegin insert
shallend insert
9 be an inmate with no holds or outstanding warrants to whom one
10of the following circumstances applies:
11(A) The inmate has been held in custody for at least 30 calendar
12days from the date of arraignment pending disposition of only
13misdemeanor charges.
14(B) The inmate has been held in custody pending disposition
15of charges for at least 60 calendar days from the date of
16arraignment.
17(C) The inmate is appropriate for the program based on a
18determination by the correctional administrator that the inmate’s
19participation would be consistent with the public safety interests
20of the community.
21(2) All participants shall be subject to discretionary review for
22eligibility and compliance by the correctional administrator
23
consistent with this section.
24(d) The board of supervisors, after consulting with the sheriff
25and district attorney, may prescribe reasonable rules and regulations
26under which an electronic monitoring program pursuant to this
27section may operate. As a condition of participation in the
28electronic monitoring program, the participant shall give his or
29her consent in writing to participate and shall agree in writing to
30comply with the rules and regulations of the program, including,
31but not limited to, all of the following:
32(1) The participant shall remain within the interior premises of
33his or her residence during the hours designated by the correctional
34administrator.
35(2) The participant shall admit any person or agent designated
36by the correctional administrator into his or her residence at any
37time for purposes of
verifying the participant’s compliance with
38the conditions of his or her detention.
39(3) The electronic monitoring may include global positioning
40system devices or other supervising devices for the purpose of
P16 1helping to verify the participant’s compliance with the rules and
2regulations of the electronic monitoring program. The electronic
3devices shall not be used to eavesdrop or record any conversation,
4except a conversation between the participant and the person
5supervising the participant to be used solely for the purposes of
6voice identification.
7(4) The correctional administrator in charge of the county
8correctional facility from which the participant was released may,
9without further order of the court, immediately retake the person
10into custody if the electronic monitoring or supervising devices
11are unable for any reason to properly perform their function at the
12designated
place of home detention, if the person fails to remain
13within the place of home detention as stipulated in the agreement,
14if the person willfully fails to pay fees to the provider of electronic
15home detention services, as stipulated in the agreement, subsequent
16to the written notification of the participant that the payment has
17not been received and that return to custody may result, or if the
18person for any other reason no longer meets the established criteria
19under this section.
20(5) A copy of the signed consent to participate and a copy of
21the agreement to comply with the rules and regulations shall be
22provided to the participant and a copy shall be retained by the
23correctional administrator.
24(e) The rules and regulations and administrative policy of the
25program shall be reviewed on an annual basis by the county board
26of supervisors and the correctional administrator. The rules
and
27regulations shall be given to every participant.
28(f) Whenever the peace officer supervising a participant has
29reasonable cause to believe that the participant is not complying
30with the rules or conditions of the program, or that the electronic
31monitoring devices are unable to function properly in the
32designated place of confinement, the peace officer may, under
33general or specific authorization of the correctional administrator,
34and without a warrant of arrest, retake the person into custody.
35(g) (1) Nothing in this section shall be construed to require the
36correctional administrator to allow a person to participate in this
37program if it appears from the record that the person has not
38satisfactorily complied with reasonable rules and regulations while
39in custody. A person shall be eligible for participation in an
40electronic monitoring program only if the
correctional administrator
P17 1concludes that the person meets the criteria for release established
2under this section and that the person’s participation is consistent
3with any reasonable rules and regulations prescribed by the board
4of supervisors or the administrative policy of the correctional
5administrator.
6(2) The correctional administrator, or his or her designee, shall
7have discretionary authority consistent with this section to permit
8program participation as an alternative to physical custody. All
9persons approved by the correctional administrator to participate
10in the electronic monitoring program pursuant to subdivision (c)
11who are denied participation and all persons removed from program
12participation shall be notified in writing of the specific reasons for
13the denial or removal. The notice of denial or removal shall include
14the participant’s appeal rights, as established by program
15administrative policy.
16(h) The correctional administrator may permit electronic
17monitoring program participants to seek and retain employment
18in the community, attend psychological counseling sessions or
19educational or vocational training classes, or seek medical and
20dental assistance.
21(i) Willful failure of the program participant to return to the
22place of home detention prior to the expiration of any period of
23time during which he or she is authorized to be away from the
24place of home detention pursuant to this section and unauthorized
25departures from the place of home detention is punishable pursuant
26to Section 4532.
27(j) The board of supervisors may prescribe a program
28administrative fee to be paid by each electronic monitoring
29participant.
30(k) For purposes of this section,
the following terms have the
31following meanings:
32(1) “Correctional administrator” means the sheriff, probation
33officer, or director of the county department of corrections.
34(2) “Electronic monitoring program” includes, but is not limited
35to, home detention programs, work furlough programs, and work
36release programs.
37(l) Notwithstanding any other law, upon request of a local law
38enforcement agency with jurisdiction over the location where a
39participant in an electronic monitoring program is placed, the
P18 1correctional administrator shall provide the following information
2regarding participants in the electronic monitoring program:
3(1) The participant’s name, address, and date of birth.
4(2) The offense or offenses alleged to have been committed by
5the participant.
6(3) The period of time the participant will be placed on home
7detention.
8(4) Whether the participant successfully completed the
9prescribed period of home detention or was returned to a county
10correctional facility, and if the person was returned to a county
11correctional facility, the reason for the return.
12(5) The gender and ethnicity of the participant.
13(m) Any information received by a law enforcement agency
14pursuant to subdivision (l) shall be used only for the purpose of
15monitoring the impact of home electronic monitoring programs in
16the community.
17(6) Current and historical GPS coordinates, if available.
end insertbegin insert
18(m) A law enforcement agency that does not have the primary
19responsibility to supervise participants in the electronic monitoring
20program that receives information pursuant to subdivision (l) shall
21not use the information to conduct enforcement actions based on
22administrative violations of the home detention program. An
23agency that has knowledge that the subject in a criminal
24investigation is a participant in an electronic monitoring program
25shall make reasonable efforts to notify the supervising agency
26prior to serving a warrant or taking any law enforcement action
27against a participant in an electronic monitoring program.
28(n) It
is the intent of the Legislature that electronic monitoring
29programs established under this section maintain the highest public
30confidence, credibility, and public safety. In the furtherance of
31these standards, the following shall apply:
32(1) The correctional administrator, with the approval of the
33board of supervisors, may administer an electronic monitoring
34program as provided in this section pursuant to written contracts
35with appropriate public or private agencies or entities to provide
36specified program services.begin delete Noend deletebegin insert Aend insert public or private agency or entity
37begin delete mayend deletebegin insert shall notend insert
operate a home detention program pursuant to this
38section in any county without a written contract with that county’s
39correctional administrator.begin delete Noend deletebegin insert
Aend insert public or private agency or entity
40entering into a contract pursuant to this subdivisionbegin delete mayend deletebegin insert shall notend insert
P19 1 itself employ any person who is in the electronic monitoring
2program.
3(2) Program participants shall undergo the normal booking
4process for arrestees entering the jail. All electronic monitoring
5program participants shall be supervised.
6(3) (A) All privately operated electronic monitoring programs
7shall be under the jurisdiction of, and subject to the terms and
8conditions of the contract entered into with, the correctional
9administrator.
10(B) Each contract specified
in subparagraph (A) shall include,
11but not be limited to, all of the following:
12(i) A provision whereby the private agency or entity agrees to
13operate in compliance with any available standards and all state
14and county laws applicable to the operation of electronic
15monitoring programs and the supervision of offenders in an
16electronic monitoring program.
17(ii) A provision that clearly defines areas of respective
18responsibility and liability of the county and the private agency or
19entity.
20(iii) A provision that requires the private agency or entity to
21demonstrate evidence of financial responsibility, submitted to and
22approved by the board of supervisors, in amounts and under
23conditions sufficient to fully indemnify the county for reasonably
24foreseeable public liability, including legal defense costs that may
25arise from,
or be proximately caused by, acts or omissions of the
26contractor.
27(iv) A provision that requires the private agency or entity to
28provide evidence of financial responsibility, such as certificates
29of insurance or copies of insurance policies, prior to commencing
30any operations pursuant to the contract or at any time requested
31by the board of supervisors or correctional administrator.
32(v) A provision that requires an annual review by the
33correctional administrator to ensure compliance with requirements
34set by the board of supervisors and for adjustment of the financial
35responsibility requirements if warranted by caseload changes or
36other factors.
37(vi) A provision that permits the correctional administrator to
38immediately terminate the contract with a private agency or entity
39at any time that the contractor fails to
demonstrate evidence of
40financial responsibility.
P20 1(C) All privately operated electronic monitoring programs shall
2comply with all applicable ordinances and regulations specified
3in subdivision (a) of Section 1208.
4(D) The board of supervisors, the correctional administrator,
5and the designee of the correctional administrator shall comply
6with Section 1090 of the Government Code in the consideration,
7making, and execution of contracts pursuant to this section.
8(E) The failure of the private agency or entity to comply with
9state or county laws or with the standards established by the
10contract with the correctional administrator shall constitute cause
11to terminate the contract.
12(F) Upon the discovery that a private agency or entity with
13which there is a
contract is not in compliance with this paragraph,
14the correctional administrator shall give 60 days’ notice to the
15director of the private agency or entity that the contract may be
16canceled if the specified deficiencies are not corrected.
17(G) Shorter notice may be given or the contract may be canceled
18without notice whenever a serious threat to public safety is present
19because the private agency or entity has failed to comply with this
20section.
21(H) For purposes of this section, “evidence of financial
22responsibility” may include, but is not limited to, certified copies
23of any of the following:
24(i) A current liability insurance policy.
25(ii) A current errors and omissions insurance policy.
26(iii) A surety bond.
Section 2900.5 of the Penal Code is amended to read:
(a) In all felony and misdemeanor convictions, either
29by plea or by verdict, when the defendant has been in custody,
30including, but not limited to, any time spent in a jail, camp, work
31furlough facility, halfway house, rehabilitation facility, hospital,
32prison, juvenile detention facility, or similar residential institution,
33all days of custody of the defendant, including days served as a
34condition of probation in compliance with a court order, credited
35to the period of confinement pursuant to Section 4019, and days
36served in home detention pursuant to Sectionbegin insert 1203.016, 1203.017,
37orend insert 1203.018, shall be credited upon his or her term of
38imprisonment, or credited to any fine, including, but not limited
39to, base fines, on a
proportional basis, that may be imposed, at the
40rate of not less than thirty dollars ($30) per day, or more, in the
P21 1discretion of the court imposing the sentence. If the total number
2of days in custody exceeds the number of days of the term of
3imprisonment to be imposed, the entire term of imprisonment shall
4be deemed to have been served. In any case where the court has
5imposed both a prison or jail term of imprisonment and a fine, any
6days to be credited to the defendant shall first be applied to the
7term of imprisonment imposed, and thereafter the remaining days,
8if any, shall be applied to the fine, including, but not limited to,
9base fines, on a proportional basis.
10(b) For the purposes of this section, credit shall be given only
11where the custody to be credited is attributable to proceedings
12related to the same conduct for which the defendant has been
13convicted. Credit shall be given only once for a single period of
14custody attributable to
multiple offenses for which a consecutive
15sentence is imposed.
16(c) For the purposes of this section, “term of imprisonment”
17includes any period of imprisonment imposed as a condition of
18probation or otherwise ordered by a court in imposing or
19suspending the imposition of any sentence, and also includes any
20term of imprisonment, including any period of imprisonment prior
21to release on parole and any period of imprisonment and parole,
22prior to discharge, whether established or fixed by statute, by any
23court, or by any duly authorized administrative agency.
24(d) Itbegin delete shall beend deletebegin insert isend insert the duty of the court imposing the sentence to
25determine the date or dates of any admission to, and release from,
26custody
prior to sentencing and the total number of days to be
27credited pursuant to this section. The total number of days to be
28credited shall be contained in the abstract of judgment provided
29for in Section 1213.
30(e) Itbegin delete shall beend deletebegin insert isend insert the duty of any agency to which a person is
31committed to apply the credit provided for in this section for the
32period between the date of sentencing and the date the person is
33delivered to the agency.
34(f) If a defendant serves time in a camp, work furlough facility,
35halfway house, rehabilitation facility, hospital, juvenile detention
36facility, similar residential facility, or home detention program
37pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of
38
imprisonment in a county jail,begin delete and the statute under which the the time spent in these facilities or programs shall
39defendant is sentenced requires a mandatory minimum period of
P22 1time in jail,end delete
2qualify as mandatory time in jail.
3(g) Notwithstanding any other provision of this code as it
4pertains to the sentencing of convicted offenders,begin delete nothing in this begin insert this section does not
5section is to be construed as authorizingend delete
6authorizeend insert the sentencing of convicted offenders to any of the
7facilities or programs mentioned herein.
Section 4019 of the Penal Code is amended to read:
(a) The provisions of this section shall apply in all of
10the following cases:
11(1) When a prisoner is confined in or committed to a county
12jail, industrial farm, or road camp, or any city jail, industrial farm,
13or road camp, including all days of custody from the date of arrest
14to the date on which the serving of the sentence commences, under
15a judgment of imprisonment, or a fine and imprisonment until the
16fine is paid in a criminal action or proceeding.
17(2) When a prisoner is confined in or committed to the county
18jail, industrial farm, or road camp or any city jail, industrial farm,
19or road camp as a condition of probation after suspension of
20imposition of a sentence or suspension of execution of
sentence,
21in a criminal action or proceeding.
22(3) When a prisoner is confined in or committed to the county
23jail, industrial farm, or road camp or any city jail, industrial farm,
24or road camp for a definite period of time for contempt pursuant
25to a proceeding, other than a criminal action or proceeding.
26(4) When a prisoner is confined in a county jail, industrial farm,
27or road camp, or a city jail, industrial farm, or road camp following
28arrest and prior to the imposition of sentence for a felony
29conviction.
30(5) When a prisoner is confined in a county jail, industrial farm,
31or road camp, or a city jail, industrial farm, or road camp as part
32of custodial sanction imposed following a violation of postrelease
33community supervision or parole.
34(6) When a
prisoner is confined in a county jail, industrial farm,
35or road camp, or a city jail, industrial farm, or road camp as a result
36of a sentence imposed pursuant to subdivision (h) of Section 1170.
37(b) Subject to the provisions of subdivision (d), for each four-day
38period in which a prisoner is confined in or committed to a facility
39as specified in this section, one day shall be deducted from his or
40her period of confinement unless it appears by the record that the
P23 1prisoner has refused to satisfactorily perform labor as assigned by
2the sheriff, chief of police, or superintendent of an industrial farm
3or road camp.
4(c) For each four-day period in which a prisoner is confined in
5or committed to a facility as specified in this section, one day shall
6be deducted from his or her period of confinement unless it appears
7by the record that the prisoner has not satisfactorily complied with
8
the reasonable rules and regulations established by the sheriff,
9chief of police, or superintendent of an industrial farm or road
10camp.
11(d) begin deleteNothing in this section shall be construed to end deletebegin insertThis section
12does not end insertrequire the sheriff, chief of police, or superintendent of
13an industrial farm or road camp to assign labor to a prisoner if it
14appears from the record that the prisoner has refused to
15satisfactorily perform labor as assigned or that the prisoner has
16not satisfactorily complied with the reasonable rules and regulations
17of the sheriff, chief of police, or superintendent of any industrial
18farm or road camp.
19(e) begin deleteNo end deletebegin insertA
end insertdeductionbegin delete mayend deletebegin insert shall notend insert be made under this section
20unless the person is committed for a period of four days or longer.
21(f) It is the intent of the Legislature that if all days are earned
22under this section, a term of four days will be deemed to have been
23served for every two days spent in actual custody.
24(g) The changes in this section as enacted by the act that added
25this subdivision shall apply to prisoners who are confined to a
26county jail, city jail, industrial farm, or road camp for a crime
27committed on or after the effective date of that act.
28(h) The changes to this section enacted by the act that
added
29this subdivision shall apply prospectively and shall apply to
30prisoners who are confined to a county jail, city jail, industrial
31farm, or road camp for a crime committed on or after October 1,
322011. Any days earned by a prisoner prior to October 1, 2011,
33shall be calculated at the rate required by the prior law.
34(i) This section shall not apply, and no credits may be earned,
35for periods of flash incarceration imposed pursuant to Section
363000.08 or 3454.
37(j) This section shall also apply to prisoners confined pursuant
38to Section 1203.016, 1203.017, or 1203.018 on or after January
391, 2015. Any days earned prior to January 1, 2015, shall be
P24 1calculated at the rate specified by law applicable prior to January
21, 2015.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
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99