BILL NUMBER: AB 1255 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 1999
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 crowding and the need for community-based
intermediate sanctions as an alternative to prison.
This bill would provide for the awarding of grants for the
establishment of intensive correctional supervision programs, as
specified, to which convicted felony offenders who meet enumerated
criteria 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 Board of Corrections
would have administrative responsibility for, and oversight of, the
county programs.
The bill would provide that funding for the bill is contingent
upon an unspecified appropriation in the Budget Act of 1999 from
which the 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until January 1, 2008, and as of that date are repealed.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, payment of restitution
to crime victims, fines, and penalty assessments.
(c) "Officer" means a probation officer as listed in Section
830.5.
(d) "Offender" means a person who has been sentenced to, or
ordered to participate in, an intensive correctional supervision
program.
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) 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, 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.
1210.3. 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,
if available.
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 placed on probation and
or ordered to serve time in a county jail as a
condition of probation within the previous five years .
(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 two years or less.
For the purpose of this chapter, the term "committed to the state
prison for one year two years 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. prison sentence.
(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.
1210.5. (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, 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.
(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 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 board in accordance with procedures specified by the
board.
(2) For the 2001-02 fiscal year, each county shall submit a plan
and budget on or before December 31, 2000.
(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.
(4) Each county probation department shall maintain a separate
fund account 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.
(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 shall be made upon application by each
participating county to the board and shall be available for two
fiscal years subsequent to the fiscal year in which the original
appropriation was made.
(d) (1) Allocation of the amount determined in
paragraph (3) of subdivision (b) shall be made to a participating
county upon submission of a plan and budget, as required by
paragraphs (1) and (2) of subdivision (b), and upon application for
funds by the county to the board, based upon criteria to be developed
by the department in conjunction with the counties.
(g)
(2) The criteria shall provide for reports of expenditures
and information and shall constitute a contractual obligation.
(h) Commencing in the 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.
(e) Unexpended funds may be reallocated by the board.
(f) The board shall monitor the expenditures of funds of a
participating county to determine whether the funds are being
expended in accordance with the requirements of this chapter. The
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 crowding.
(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
noncompliance, and the county shall have 60 days to explain or
justify its action in writing to the board. If the noncompliance
cannot be promptly 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.
(h) Commencing in the 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.
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 modify the level of
supervision of an offender, including transferring him or her to
regular probation supervision.
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.
, including remanding the offender to the state prison for the full
term of the offense for which he or she was committed.
(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.
1210.8. 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.
1210.9. 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 crowding, recidivism, substance
abuse, and state and county corrections costs. The board shall pay
for any evaluation performed under this section.
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.
1210.11. (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.
1210.12. 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.