BILL ANALYSIS �
AB 2499
Page 1
ASSEMBLY THIRD READING
AB 2499 (Bonilla)
As Amended April 21, 2014
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS 12-0
-----------------------------------------------------------------
|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Skinner, Stone | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
-----------------------------------------------------------------
SUMMARY : Includes the home detention programs specified in this
bill in existing provisions of law crediting days in custody
towards the term of imprisonment or toward any fine.
Specifically, this bill :
1)Authorizes the application of a credit of one day for every
four days spent in custody to persons who are confined on or
after January 1, 2015, in one of the home detention programs
specified in this bill.
2)Increases the information a police department of a city where
an office is located to which persons on an electronic
monitoring program report may receive to include current and
historical global positioning system (GPS) coordinates, if
available, of a detainee who is on a home detention program
during his or her sentence in lieu of confinement in county
jail or a program under the auspices of the probation officer.
a) Provides that a police department that does not have the
primary responsibility to supervise participants in the
electronic monitoring program that receives information
pursuant to this subdivision shall not use the information
to conduct enforcement actions based on administrative
violations of the home detention program.
b) States that a police department that has knowledge that
the subject in a criminal investigation is a participant in
an electronic monitoring program shall make reasonable
AB 2499
Page 2
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.
3)Increases the information a local law enforcement agency may
receive to include current and historical GPS coordinates, if
available, of a participant who is in an electronic monitoring
program in lieu of bail and is placed within the jurisdiction
of the local law enforcement agency.
a) States that a law enforcement agency that does not have
primary responsibility to supervise participants in the
electronic monitoring program that receives information on
the participant shall not use that information to conduct
enforcement actions based on administrative violations if
the home detention program.
b) Requires an agency that has knowledge that the subject
in a criminal investigation is a participant in an
electronic monitoring program shall 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.
EXISTING LAW :
1)States, notwithstanding any other provision of law, the board
of supervisors of any county may authorize the county
correctional administrator to offer a voluntary or involuntary
home detention program in lieu of confinement in the county
jail, or other correctional facility or program under the
auspices of the probation officer.
2)Defines "correctional administrator" as the sheriff, probation
officer, or director of the county department of corrections.
3)Provides that the participant in a home detention program
authorized in the above provision shall agree to the use of
electronic monitoring, which may include GPS devices or other
supervising devices for the purpose of helping to verify his
or her compliance with the rules and regulations of the home
detention program.
4)Authorizes the police department of a city where an office is
AB 2499
Page 3
located to which persons on an electronic monitoring program
report to request the county correctional administrator to
provide information concerning those persons. This
information shall be limited to the name, address, date of
birth, and offense committed by the home detainee. Any
information received by a police department pursuant to this
paragraph shall be used only for the purpose of monitoring the
impact of home detention programs on the community.
5)Authorizes, upon request of a local law enforcement agency
with jurisdiction over the location where a participant in an
electronic monitoring program is placed, the correctional
administrator shall provide specified information regarding
participants in the electronic monitoring program.
6)States that any of the information received by a law
enforcement agency pursuant to the provisions above shall be
used only for the purpose of monitoring the impact of home
electronic monitoring programs in the community.
7)Requires 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 that may be
imposed, at the rate of not less than $30 per day, or more, in
the discretion of the court imposing the sentence.
8)Provides that the time a defendant spent in a jail, camp, work
furlough facility, and other specified facilities, qualifies
as mandatory time in jail if the statute under which the
defendant is sentenced requires a mandatory minimum period of
time in jail.
9)Authorizes good conduct and work performance credit for
prisoners confined in city or county jails, industrial farms
or road camps.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Unknown, likely minor county savings to the extent clarifying
inmates on electronic monitoring receive credits commensurate
AB 2499
Page 4
to incarcerated inmates results in marginally shorter jail
terms.
2)Unknown, likely minor, state-mandated costs for police
departments to make reasonable efforts to notify the
supervising entity - generally the sheriff or probation -
prior to taking action against a participant in an electronic
monitoring program.
COMMENTS : According to the author, "In 2011, the Legislature
approved Governor Brown's local law enforcement realignment
proposal. This proposal responded to the urgent problem of
overcrowding in California's prisons. The program redefined
which crimes are subject to state incarceration and state parole
supervision. This created a new population of inmates who no
longer required state incarceration and they were transferred to
county jails and county probation officers. Realignment has
resulted in a reduction in the state prison population, but has
exacerbated overcrowding at many county jails.
"As part of Realignment, counties were given many tools to
address the increase in offenders, including state funding to
house and create programs for offenders as well as increased
funding for successful programs. Counties were also given
expanded authority to place county offenders into alternative
custody programs such as Electronic Monitoring. However, the
current laws governing Electronic Monitoring were written before
realignment was in place and when counties only had misdemeanor
offenders. This has resulted in some inconsistencies in the
Penal Code as well as some provisions that should be
inapplicable to lower level felony offenders, such as the
prohibition of sharing inmate information with other law
enforcement agencies. Additionally, counties have found that
some inmates will refuse to participate in Electronic Monitoring
programs because they cannot earn conduct credits. In other
words, an inmate could do less time by remaining in custody
where they can earn conduct credits; therefore the inmate
chooses to stay in county jail when they could realistically be
safely placed in the community. AB 2499 solves this problem by
allowing inmates that participate in alternative custody
programs to earn credits as if they were in county jail, which
will free up county jail space for inmates that need to remain
in custody.
AB 2499
Page 5
"AB 2499 will help those counties who are looking to implement
and expand Electronic Monitoring programs by making them
workable and consistent. It will allow counties to safely
address their overcrowding issues while keeping those who should
be kept in jail, in jail and those that can be placed in the
community to be properly supervised."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003267