BILL NUMBER: AB 1255 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 1999
INTRODUCED BY Assembly Member Wright
FEBRUARY 26, 1999
An act to add and repeal Chapter 1.3 (commencing with Section
1210) of Title 8 of Part 2 of the Penal Code, relating to sentencing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1255, as amended, R. Wright. Sentencing: intensive
correctional supervision program.
Existing law provides as a sentencing option for convicted felons,
that the felon be placed on probation with court-ordered conditions
of probation, if eligible, or sentenced to a term of imprisonment in
the state prison.
This bill would set forth legislative findings and declarations of
intent in regard to prison overcrowding
crowding and the need for community-based intermediate
sanctions as an alternative to prison.
This bill would authorize counties to establish an
provide for the awarding of grants for the
establishment of intensive correctional supervision
program programs , as specified, to which
a convicted felony offender
offenders who meets meet
enumerated criteria could may be
sentenced by a court for up to 9 months and upon completion of which
the offender would be required to be placed on probation for up to 4
years. The bill would require that the programs commence on or after
July 1, 2002.
This bill would require the probation officers of participating
counties to make an investigation of the offender's eligibility and
suitability for intensive correctional supervision, the results of
which would be included in the probation officer's recommendation to
the court.
This bill would specify that the chief probation officer of each
participating county would be responsible for the county program
under the bill and for coordinating and contracting for all related
services. The bill would also specify that the Department
Board of Corrections would have administrative
responsibility for, and oversight of, the county programs.
The bill would additionally state the Legislature's intent that
funds be redirected from paying for state prison incarceration costs
to paying for the costs of intensive correctional supervision for
eligible persons under these provisions.
The bill would require that a county intensive
supervision program established pursuant to the bill be financed by
the state and county, as specified, and would provide that
funding for the bill is contingent upon a an
unspecified appropriation in the Budget Act
appropriation establishing the Intensive Correctional Supervision
Account of 1999 from which the
Department Board of Corrections would be
required to provide funds to counties for the purposes of the bill.
This bill would also require the Department of Corrections, on or
before January 1, 2007, to evaluate, as specified, the intensive
correctional supervision programs and report the conclusions of its
evaluations to the Legislature.
The bill would provide that its provisions shall remain in effect
until January 1, 2008, and as of that date are repealed.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
State-Local Corrections Partnership Act of 2000.
SEC. 2. (a) The Legislature finds and declares the following:
(1) The state prison population on June 30, 1998, was 158,207
compared to 72,121 on June 30, 1988, an annual compounded growth of
8.2 percent.
(2) Without some significant change in this growth, or alternative
sentencing programs, the state will be forced to spend billions of
dollars in new state prison construction.
(3) The practice of the imprisonment of new commitments and parole
violators in the state prison who serve one year or less offers
little opportunity to implement strategies to manage offender
behavior and to sustain long-term behavior change that would promote
public safety.
(4) The 24-member Blue Ribbon Commission on Inmate Population
Management, including the 13 members appointed by the Governor,
unanimously agreed in its final report that "... insufficient
prevention efforts, intermediate sanctions, and programs for those
incarcerated exist, and as a result, there are offenders incarcerated
and on probation who judges and parole authorities would, and
should, manage differently if those sanctions were available."
(5) The commission found that certain individuals with no history
of violence and noncareer offenders are likely target populations for
punishment options other than prison.
(6) The commission recommended intensive probation supervision,
residential and nonresidential substance abuse treatment programs,
and other community-based punishment options as alternatives to state
prison for minor parole violators and nonviolent offenders facing
short prison commitments.
(7) Intensive correctional supervision programs have reduced
recidivism and prison overcrowding in other states which have adopted
similar programs.
(8) State and local corrections should be viewed as an
interconnected system that provides an array of appropriate
punishment alternatives, including intermediate punishment options.
(9) A strategy of realigning juvenile and adult justice
responsibilities of state and local correctional systems in a manner
that maintains public safety, increases accountability, and reduces
costs is needed.
(10) It is the intent of the Legislature that local government be
given the opportunity to participate in a state-local partnership to
house specified populations of the state prison. A dedicated revenue
source equal to state savings shall be provided to participating
local governments as a part of this transaction.
(b) It is the intent of the Legislature to endorse the commission'
s findings as to the need for community-based intermediate sanctions
and to implement a program of intensive correctional supervision,
drug testing and treatment, intermediate punishment options, and
mandatory educational and employment programs.
SEC. 3. Chapter 1.3 (commencing with Section 1210) is added to
Title 8 of Part 2 of the Penal Code, to read:
CHAPTER 9. STATE-LOCAL CORRECTIONS PARTNERSHIP ACT OF 2000
1210. This chapter shall be known and may be cited as the
State-Local Corrections Partnership Act of 2000.
1210.1. As used in this chapter, the following definitions apply:
(a) "Board" means the Board of Corrections.
(b) "Intensive correctional supervision" means a program,
established pursuant to this chapter , and
administered by a county probation department, consisting of
highly structured and closely supervised probation which emphasizes
appropriate interventions, including, but not limited to, treatment
of substance abuse, education, counseling, employment development,
and payment of restitution to crime victims ,
fines, and penalty assessments .
(b)
(c) "Officer" means a probation officer as listed in Section
830.5.
(c)
(d) "Offender" means a person who has been sentenced to, or
ordered to participate in, an intensive correctional supervision
program.
1210.2. (a) Counties may establish an intensive correctional
supervision program applicable to probationers who are qualified
pursuant to Section 1210.5. The programs may commence on or after
July 1, 2002.
(b) Each intensive correctional supervision program shall conform
to the requirements of this chapter and the regulations as shall be
established by the administering agencies consistent with this
chapter.
1210.3. Each intensive correctional supervision program shall
include
1210.2. For the grant programs identified in this chapter, the
board shall establish minimum requirements, funding schedules, and
procedures on or before September 30, 2001, that take into
consideration, but are not limited to, the following:
(a) Intensive supervision teams, consisting of at least two
officers, who shall supervise no more than 40 offenders at one time.
(b) Close supervision and observation of offenders being
supervised, including, but not limited to, all of the following:
(1) Face-to-face contact between an officer and the offender at
least two times per week.
(2) Frequent chemical testing for the use of alcohol, controlled
substances, or both, where their use has been prohibited as a
condition of participation in the program.
(3) At least weekly contact by an officer and the offender's
employer, educational institution, treatment program, or counselor.
(c) Inpatient State licensed inpatient
and outpatient treatment programs for alcohol and drug abuse
which shall be ordered when appropriate and made available as needed
for any offender with substance abuse problems.
(d) Job training, placement, education programs, or any
combination of these, which shall be mandatory for any offender who
is not employed full time or is not a full-time student and is
medically capable of participating in the programs.
(e) A requirement that each offender be occupied five days each
week, with employment, education, a job search, job training,
community service, counseling, treatment, or a combination of
these activities as directed by an officer, until gainfully
employed, except where this is not possible because of
documented mental or physical health constraints. An
offender who is gainfully employed shall continue to receive
counseling or treatment or both if an officer determines that the
offender requires the continuation of those activities in order to
successfully perform in the program.
(f) A case management approach utilizing a community corrections
advisory committee appointed by the Chief Probation Officer and
consisting of appropriate representatives, including, but not
limited to, those from probation, local law enforcement, substance
abuse counseling and treatment, , medical,
mental health, employment development, and education. The
community corrections advisory committee shall work with intensive
supervision teams and assess and address the needs of each offender.
1210.4.
1210.3. An intensive correctional supervision program may
also include any or all of the following:
(a) House arrest.
(b) Electronic monitoring.
(c) Community service.
(d) A probation treatment program involving restitution to the
victim , and the payment of fines and penalty assessments,
by the offender.
(e) Placement in a substance abuse community correctional center
as a sanction for a violation of the terms and conditions of
intensive correctional supervision , if available.
1210.5.
1210.4. (a) An offender who has been convicted of a felony
or felonies may be sentenced by a court to a county probation
intensive correctional supervision program if he or she meets all of
the following criteria:
(1) The present offense is for a crime punishable by 16 months,
two or three years, or one, two, or three years in the state prison,
or for an attempt to commit such a crime, which did not involve
violence against the person of another, molestation of a minor, or
drug trafficking.
(2) The offender has not been convicted of a violent felony, as
defined by subdivision (c) of Section 667.5, or a serious felony, as
defined by subdivision (c) of Section 1192.7, or convicted of
violating any of the following provisions:
Section 69 or 191.5, subdivision (b) or paragraph (1) or (3) of
subdivision (c) of Section 192, subdivision (a) of Section 217.1,
Section 243, 243.1, or 243.3, subdivision (a) or (c) of Section
243.4, Section 244, 245, 245.3, 246, 266f, 266h, or 273.5,
subdivision (a) of Section 273a, Section 273d or 285, subdivision (b)
of Section 286, Section 288a, subdivisions (b), (h), or (i) of
Section 289, subdivision (b) of Section 311.2, subdivision (c) of
Section 311.4, or Section 314, 417.6, 647.6, 4131.5, or 4501.5 of the
Penal Code, or Section 2800.2 or 20001 or subdivision (b) of Section
23104 of the Vehicle Code.
(3) The offender has not been sentenced and placed in the custody
of the sheriff or correctional administrator to be punished by
incarceration or supervised or treated at the local level for a
period in excess of one year, but in no case for a period that would
result in a period of total incarceration in excess of the period for
which the defendant would otherwise have been incarcerated in the
state prison.
(3) The offender has not been placed on probation and ordered to
serve time in a county jail as a condition of probation.
(4) The offender does not have a significant criminal history
which would render him or her unsuitable for the program.
(5) It appears from all information available that the offender
would benefit from, and that public safety would not be threatened
by, sentencing the offender to an intensive correctional supervision
program. Public safety and offender accountability shall
be the primary consideration.
(6) The offender agrees in writing to the terms and conditions of
intensive correctional supervision.
(7) The offender otherwise would have been committed to the state
prison for one year or less. For the purpose of this chapter, the
term "committed to the state prison for one year or less" refers to
the length of the prison sentence less preprison credit for time
served and less maximum credit available under Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3.
(b) In any case in which an offender may be eligible for a county
probation intensive correctional supervision program, the probation
officer shall, as part of his or her investigation pursuant to
Section 1203, make an investigation of the offender's eligibility and
suitability for intensive correctional supervision. The probation
officer shall consider (1) the criteria contained in this chapter,
(2) whether or not the defendant would benefit from education,
treatment, and rehabilitation, and (3) whether or not the offender
would pose a threat to public safety if sentenced to intensive
correctional supervision. The probation officer shall include this
information in his or her recommendation to the court.
(c) It is the intent of the Legislature in enacting this chapter
that offenders who have substance abuse problems be given priority in
participating in the program.
(d) Nothing in this chapter shall be construed to limit the
ability or obligation of a court to impose confinement in a county
jail or a community correctional facility as a condition of probation
before an offender is sentenced to the intensive correctional
supervision program.
(e) In sentencing a person to intensive correctional supervision,
a court shall impose terms and conditions consistent with the
requirements of this chapter and shall, as an additional condition,
require the offender to waive any right to a hearing to contest
imposition by a probation officer of the intermediate sanctions
specified in subdivision (b) of Section 1210.9. The court may also
impose additional terms and conditions as provided for by law for
persons placed on probation or given a conditional sentence under
Section 1203.
(f) An offender may be sentenced to intensive correctional
supervision pursuant to this chapter for a period of up to
nine months. After completion of intensive correctional
supervision, the offender shall be placed on supervised probation for
up to four years.
(g) Nothing in this chapter shall be construed to limit an
offender's right to petition for termination of a period of probation
under Section 1203.3 or to seek dismissal of the accusations or
information under Section 1203.4. However, an offender may exercise
his or her rights under these sections only upon successful
completion of intensive correctional supervision.
(h) Offenders sentenced pursuant to this section shall be deemed
to have served a prior state prison term for purposes of this code.
(i) The chief probation officer of each county shall be
responsible for the county probation intensive correctional
supervision program and for coordinating and contracting for all
related services.
(j) This section shall not apply to a person committed to the
Department of Corrections on or before January 1, 2001.
1210.6. (a) The Department of Corrections shall have
responsibility for oversight of county probation intensive
supervision programs and shall adopt regulations as may be necessary
for the administration and oversight of this chapter. All
regulations, procedures, and criteria shall be adopted on or before
September 30, 2001.
(b) Funding for this chapter is contingent upon a Budget Act
appropriation establishing the Intensive Correctional Supervision
Account. From this account the Department of Corrections shall
provide funds to counties which may be used only for intensive
1210.5. (a) Funding for this chapter shall be provided from the
amount appropriated in Item 5430-____-____ of the Budget Act of 1999.
Up to 5 percent of the amount appropriated in Item 5430-____-____
of the Budget Act of 1999 shall be transferred, upon the approval of
the Director of Finance, to Item 5430-____-____ for expenditure as
necessary for the board to administer this program, including
providing technical assistance to counties and developing and
monitoring an evaluation component with participating counties. From
these funds, the board shall award funds for intensive
supervision probation programs operated by the county probation
department for persons who would otherwise be sentenced to the state
prison, and alcohol and substance abuse testing and treatment,
education, employment assistance, and mental
health counseling for persons in these programs. Funds may also be
used for the purpose specified in Section 1210.4 for persons in these
programs , and related evaluation .
(c) It is the intent of the Legislature that funds be redirected
from paying for cost of incarceration in the state prison to paying
for the cost of intensive correctional supervision for persons
eligible for these programs.
(d) The cost of the intensive correctional supervision program
established by this chapter shall be financed in each participating
county by the state in accordance with the following:
(b) Each participating county shall execute a contract with the
board that will include, but not be limited to, the following
conditions:
(1) On or before October 1 of each year, beginning in
2002, the governing body of 2000, each county
shall adopt an intensive Correction Supervision Plan and budget for
the following fiscal year and shall submit the plan and budget to the
Department of Corrections board in
accordance with procedures specified by the department
board .
(2) For the 2002-03 2001-02 fiscal
year, each county shall submit a plan and budget on or before
December 31, 2001 2000 .
(3) Funds limited to 50 percent of the average cost of
incarcerating an offender in the state prison system shall
(3) Funds shall be allocated to counties for each person
sentenced to the intensive correctional supervision program who would
otherwise have been sentenced to the state prison. The funding for
each offender shall be prorated to reflect the amount of time
actually served by the offender in the intensive correctional
supervision program. Any costs of the state under this
program for the benefit of the county shall be transferred to, and
assumed by, the benefitted county.
(4) Each county probation department shall maintain a separate
fund account for funds received pursuant to this
section in order to identify the funds and clearly
show the manner of their disposition . These funds shall be
used by county probation departments only for intensive correctional
supervision and to contract for services to offenders, as authorized
by this chapter and any regulations or guidelines
promulgated by the Department of Corrections. this
chapter.
(e)
(5) Commencing in the 2003-04 fiscal year, the distribution of
funds pursuant to this chapter shall be made on a quarterly basis in
accordance with minimum requirements, funding schedules, procedures,
or guidelines adopted by the board.
(6) Each county probation department shall provide reports of
expenditures and other relevant information, as deemed appropriate,
in the manner and form prescribed by the board.
(c) Allocation of funds in the Intensive
Correctional Supervision Account shall be made upon
application by each participating county to the Department
of Corrections board and shall be available for
two fiscal years subsequent to the fiscal year in which the original
appropriation was made.
(f)
(d) Allocation of the amount determined in paragraph (3) of
subdivision (d) (b) shall be made to a
participating county upon submission of a plan and budget, as
required by paragraphs (1) and (2) of subdivision (d)
(b) , and upon application for funds by the
governing body of the county to the
Department of Corrections board , based upon
criteria to be developed by the department in conjunction with the
counties.
(g) The criteria shall provide for reports of expenditures and
information and shall constitute a contractual obligation.
(h) Commencing in the 2003-04 2002-03
fiscal year, the distribution of funds pursuant to this chapter
shall be made on a quarterly basis in accordance with regulations
adopted by the department.
(i)
(e) Unexpended funds from the Intensive
Correctional Supervision Account may be reallocated by
the Director of Corrections. the board.
(j) The department
(f) The board shall monitor the expenditures and
of funds of a participating county to determine
whether the funds are being expended in accordance with all
the requirements of this chapter. The department
board shall also establish requirements for the
evaluation of programs supported by this chapter, including
requirements designed to demonstrate the effectiveness of these
programs in reducing state prison overcrowding
crowding .
(k) If the department
(g) If the board finds that a participating county is not
acting in accordance with all of the requirements of this chapter
and the contract with the board , it shall notify the
county regarding the points of noncompliance, and
the county shall have 60 days to explain or justify its action in
writing to the Department of Corrections board
. If the explanation is not satisfactory or if the
point of noncompliance cannot be promptly cured in
the opinion of the department, the department
remedied, the board may issue a notice of noncompliance and may
suspend payment of any funds due the county under this chapter
and as described in the contract .
1210.7.
1210.6. Each intensive correctional supervision team shall
periodically review and evaluate the needs of each offender and his
or her performance in the program. The team may notify
modify the level of supervision of an offender,
including transferring him or her to regular probation supervision.
1210.8.
1210.7. (a) If it is determined after a hearing by the
court that an offender in an intensive correctional supervision
program has committed an additional public offense or has otherwise
violated a condition of probation, the court may revoke intensive
correctional supervision and order any disposition authorized by law
for a violation of the terms and conditions of probation.
(b) In ordering dispositions pursuant to subdivision (a), the
court shall consider intermediate sanctions, including, but not
limited to, more restrictive conditions of supervision, inpatient and
outpatient substance abuse treatment programs, house arrest,
electronic monitoring, placement in a substance abuse community
correctional center for up to 30 days, and other intermediate
sanctions permitted by law. However, the primary consideration shall
be public safety.
(c)
(b) As an additional intermediate sanction a court may order
an offender to serve up to 30 days in the county jail. Time served
in the county jail shall not be considered to be a part of the
prescribed period of intensive community corrections.
1210.9.
1210.8. County probation departments are authorized to
use funds to contract as necessary for substance abuse
treatment, employment and education assistance, mental health
counseling, and other necessary services as provided for in this
chapter. Priority shall be given to utilizing available and
appropriate public agency services. Custody in secure facilities
shall be provided by sworn peace officers or correctional officers as
defined by state law.
1210.10. The Department of Corrections shall
1210.9. The board shall evaluate the intensive correctional
supervision programs established pursuant to this chapter and report
the conclusions of its evaluation to the Legislature by January 1,
2007. The evaluation shall include an analysis of the effectiveness
of these programs in reducing prison overcrowding
crowding , recidivism, substance abuse, and state and
county corrections costs. The board shall pay for any
evaluation performed under this section.
1210.11.
1210.10. If any court renders a decision that would have the
effect of requiring all counties to participate in the state-local
corrections partnership program or if any legislation, regulation, or
rule is enacted that has the effect of penalizing counties that do
not participate in the program established by this chapter, this
chapter shall become inoperative.
1210.12.
1210.11. (a) Any county that participates in the program
shall have no obligation to continue services for offenders if the
state discontinues funding for the program.
(b) Any county that participates in the program may reduce the
services provided correspondingly with any reduction in state funding
, pursuant to a plan which has been approved by the board
.
1210.13.
1210.12. This chapter shall remain in effect until January
1, 2008, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2008, deletes or extends
that date.