BILL NUMBER: AB 1255 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 1999
AMENDED IN SENATE JULY 13, 1999
AMENDED IN SENATE JUNE 28, 1999
AMENDED IN ASSEMBLY JUNE 1, 1999
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
and making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.
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
probation and parole sanctions as alternatives to imprisonment in
the state prison.
This bill would provide for the awarding of grants for the
establishment of intensive supervision programs, as specified, for
which persons are determined to be eligible pursuant to prescribed
criteria.
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 appropriate $6,000,000 to the Board of Corrections
for purposes of the probation demonstration program, and would
appropriate $180,000 to the board for its administrative costs. The
bill would specify that grants provided to counties are intended to
be used over a 12-month period, commencing with the date of
disbursement of funds and are required to be distributed on a
competitive basis to counties that expand or establish a young adult
offender intensive supervision probation project, as specified under
the provisions of this bill.
This bill would also require each agency participating in the
program to conduct an evaluation of the program and report its
findings and conclusions to the Board of Corrections at specified
times.
The bill would provide that the above provisions shall remain in
effect until January 1, 2004, and as of that date are repealed.
The bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: yes. 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 Young
Adult Offender Intensive Supervision Probation Project 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
probation 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 intervention programs have reduced recidivism and
prison overcrowding in other states that have adopted similar
programs.
(8) State and local intervention programs should be viewed as an
interconnected system that provide an array of appropriate punishment
alternatives, including intermediate punishment options.
(9) Local probation departments have lacked sufficient resources
to effectively deal with an increasing offender population. Without
sufficient financial resources to manage supervision programs,
caseload size in Los Angeles County swelled to 1,000 probationers to
one deputy probation officer for "bank" caseloads. There are 45,000
medium-risk adult probationers assigned to these "bank" caseloads.
(10) Counties in other parts of the state, while not impacted to
the same degree as Los Angeles, have reported similar problems in the
effective management of offender caseload size.
(11) Inadequate supervision and programming at the local level
often results in continued violation of the court's order, continued
commission of crimes and escalating levels of enforcement resulting
in the offender's commitment to state prison.
(12) Los Angeles County reports 11,165 youthful offenders ages 18
to 25 years, inclusive, among those assigned to "bank" caseloads.
This segment of offender population has the greater propensity for
substance abuse and violence and is most likely to be amenable to
education and job interventions.
(13) It is the intent of the Legislature that local government be
given the opportunity to participate in a state-local partnership to
manage the state's offender population.
(b) It is the intent of the Legislature to endorse the commission'
s findings as to the need for community-based intermediate sanctions
to implement a system of intensive intervention programs, 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 1.3. YOUNG ADULT OFFENDER INTENSIVE SUPERVISION
PROBATION PROJECT ACT OF 2000
1210. This chapter shall be known and may be cited as the Young
Adult Offender Intensive Supervision Probation Project Act of 2000.
1210.1. As used in this chapter, the following definitions apply:
(a) "Demonstration program" means a program, established pursuant
to this chapter and administered by a county probation department or
parole agency, 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, as ordered by the
court, to crime victims, fines, and penalty assessments.
(b) "Officer" means a probation officer as defined in Section
830.5.
(c) "Offender" means a person between the ages of 18 and
25 29 years , who is on probation and who has
been ordered to participate in an intensive intervention program.
(d) "Board" means the Board of Corrections.
1210.2. For the grant programs identified in this chapter,
participating counties shall include, but are not limited to, the
following standards:
(a) A significant reduction in the banked caseloads of offenders.
In no case shall caseload ratios exceed one officer to 50 offenders.
(b) Participating counties shall agree to incorporate the
following components:
(1) Weekly contacts between an officer and the offender.
(2) Frequent chemical testing for the use of alcohol, controlled
substances, or both, where use of any of these has been prohibited as
a condition of participation in the program, or by order of the
court.
(3) At least weekly contact by an officer and the offender's
employer, educational institution, treatment program, or counselor.
(4) Availability for referral to state-licensed inpatient and
outpatient treatment programs for alcohol and drug abuse when
appropriate.
(5) Job training and placement, education programs, or any
combination of these, 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.
(6) A requirement that each offender participate 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 it is
determined by an appropriate professional that the offender requires
the continuation of those activities, in order to successfully
complete the program.
(c) Participating counties shall provide the board with specific
outcome and performance measures and a method for annual reporting,
pursuant to Section 1210.8 that will allow the Board of Corrections
to evaluate, at a minimum, the effectiveness of the demonstration
project in reducing:
(1) Recidivism among offenders.
(2) Criminal justice costs related to offenders.
(3) Caseload ratios for offenders.
(4) Unemployment and low literacy levels among offenders.
(d) The Board of Corrections shall award grants to supplement,
rather than supplant, existing programs. No county shall be awarded
a grant unless that county makes available resources in an amount
equal to at least 25 percent of the amount of the grant. Resources
may include in-kind contributions from participating agencies.
1210.3. The demonstration programs may also include any or all of
the following:
(a) House arrest.
(b) Electronic monitoring.
(c) Biometric monitoring, for example palm print or retina
identification.
(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) Unless the court finds that placement in the program
would be detrimental to the offender or to public safety, an offender
shall be considered eligible for a program, pursuant to this
chapter, at the discretion of the chief probation officer of the
county. Public safety and offender accountability shall be the
primary considerations in determining whether placing the offender in
the program is appropriate.
(b) The chief probation officer of the county shall
consider the criteria contained in this chapter in
consider the following criteria in determining whether or not
the defendant would benefit from education, treatment, and
rehabilitation, and whether or not the offender would pose a threat
to public safety . :
(1) The present offense is a nonviolent, drug-related crime
punishable by not more than two years in the state prison.
(2) The offender is between the ages of 18 and 29 years at the
time of the offense.
(3) The offender does not have a prior felony conviction.
(c) It is the intent of the Legislature in enacting this chapter
that young, nonviolent offenders who have substance abuse
problems be given priority in shall be the
population participating in the program provided under this
chapter.
(d) Nothing in this chapter shall be construed to limit the
authority of a court to impose confinement in a county jail or a
community correctional facility as a condition of probation.
(e) The court may impose additional terms and conditions as
provided for by law for persons placed on probation or given a
conditional sentence under Section 1203.
(f) 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 this program under probation supervision.
(g) The chief probation officer of each county shall be
responsible for the county probation intensive intervention programs
and for coordinating and contracting for all related services.
1210.5. (a) The sum of six million dollars ($6,000,000) is hereby
appropriated from the General Fund for purposes of the Young Adult
Offender Intensive Supervision Probation Project. These funds shall
be distributed by the board to participating counties within 90 days
of the operative date of this section. The sum of one hundred eighty
thousand dollars ($180,000) is hereby appropriated from the General
Fund to the board for administrative costs associated with the
oversight and evaluation of these programs. Grants provided to
counties are intended to be used over a 12-month period, commencing
with the date of disbursement of funds. Funds shall be distributed
on a competitive basis to counties that expand or establish a young
adult offender intensive supervision probation project, as specified
under the provisions of this bill. In awarding grants, priority
shall be given to those proposals that include additional funding
that exceeds 25 percent of the amount of the grant.
(b) The Board of Corrections shall establish minimum standards,
funding schedules, and procedures for awarding grants, which shall
take into consideration, but not be limited to, all of the following:
(1) Reduction of recidivism among offenders.
(2) Reduction of criminal justice costs related to offenders.
(3) Reduction in caseload ratios for offenders.
(4) Reduction in unemployment and low-literacy levels among
offenders.
(c) Future funding for purposes of this act shall be pursuant to
appropriations in the annual Budget Act.
(d) Each county shall establish and maintain a separate fund
account in order to identify the expenditure of funds appropriated
pursuant to this chapter and clearly show the manner of disposition.
These funds shall be used by county probation departments only for
intensive intervention programs and to contract for services to
offenders in the program, as authorized by this chapter.
(e) Each county probation department shall provide reports of
expenditures and other relevant information, as deemed appropriate,
in the manner and form prescribed in the annual progress report to
the board.
(f) The board shall receive the annual progress reports, the
30-month evaluation report, and the final reports from the counties.
1210.6. An offender's participation in a program shall be
periodically reviewed and evaluated to determine his or her needs and
performance in the program. The level of intervention may be
modified, including transferring him or her to regular supervision.
1210.7. (a) If it is determined after a hearing by the court that
an offender in a probation intensive intervention program has
committed an additional public offense or has otherwise violated a
condition of probation, the court may revoke probation and order any
disposition authorized by law, 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 a
probation offender to serve up to 30 days in a county jail. Time
served in a county jail shall not be considered to be part of the
prescribed period of intensive community corrections.
1210.8. The board, after consulting with each participating
county, shall create an evaluation design for young adult offender
supervision probation pilot programs that will assess the
effectiveness of each program in reducing the number of state prison
commitments from the target category of offenders and the state
savings associated with those reductions. Each evaluation shall
include, at a minimum, an analysis of the effectiveness of the
program in: reducing recidivism, substance abuse prevention, and
increasing job placements. The board shall prepare and submit an
annual report, the first to be due on June 30, 2001, and annually
thereafter, with a final report due on July 1, 2004. The final
report shall include any similar research or national studies that
address the benefits of intensive supervision probation or parole
programs.
1210.9. This chapter shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide for the preservation and enhancement of public
safety through the implementation of the Young Adult Offender
Intensive Supervision Probation Project Act of 2000 at the earliest
possible time, it is necessary for this act to take effect
immediately.