BILL NUMBER: SB 175 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Rainey
JANUARY 12, 1999
An act to amend Section 1903 of the Education Code, to amend
Sections 17, 19.2, 2900.5, 4019, 8051, 8052, 8061, and 8080 of, to
add Sections 19.3, 4000.2, and 8100 to, and to add Chapter 8.6
(commencing with Section 6140) to Title 7 of Part 3 of the Penal
Code, relating to punishment.
LEGISLATIVE COUNSEL'S DIGEST
SB 175, as introduced, Rainey. Prison Inmate Population Master
Plan.
(1) Under existing law, no person sentenced to confinement in a
local correctional facility may be committed to that facility for
longer than one year.
This bill would authorize a person who is convicted and sentenced
for a nonviolent felony to be placed in a local correctional facility
for not more than 35 months, for purposes of treatment,
incarceration, and supervision, if the county in which the person is
convicted has an approved community-based punishment plan and has
executed a contract with the Board of Corrections to place that type
of offender. The bill would specify the terms of those contracts.
The bill would authorize the board of supervisors of any county to
designate a chief correctional administrator and a correctional
administrator, as defined by the bill, to administer community-based
punishment programs. Persons who are placed pursuant to a
community-based punishment plan would not be given a term of parole.
This bill would declare the intent of the Legislature to
appropriate money in the annual Budget Act for the costs of the
contracts specified above.
(2) Existing law establishes a correctional medical facility under
the jurisdiction of the Department of Corrections to treat mentally
disordered, developmentally disabled, or controlled substance
addicted prisoners. Existing law also requires the department to
establish the standards for pilot projects to contract with private
sector health care facilities for the provision of medical,
developmental, and mental health services.
This bill would require the department to establish a Medical
Detention Program that uses licensed health care facilities for the
provision of medical, developmental, and mental health services
necessary for the treatment of severely ill, incapacitated, and
disabled inmates. The bill also would require the department to
establish a Medical Detention Evaluation Panel to make
recommendations to the Director of Corrections on inmate eligibility
for the program.
(3) Existing law defines "intermediate sanctions" as those
punishment options that may be provided by local correctional
agencies as alternatives to incarceration in a jail facility.
This bill would change the term to "intermediate punishments" and
would add incarceration in road camps and work camps to those types
of punishments.
Existing law requires community-based punishment plans to be
submitted for annual approval or modification by a county board of
supervisors.
This bill instead would require that they be submitted
periodically, as determined by the board of supervisors.
(4) This bill would make conforming changes.
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 Prison
Inmate Population Master Plan.
SEC. 2. The Legislature finds and declares all of the following:
(a) The state's prison inmate population is projected to
experience an unparalleled increase with the implementation of the
"Three Strikes" initiative (Proposition 184) and the continuation of
existing sentencing trends.
(b) The practice of the imprisonment of new commitments and parole
violators in the state prison who serve not more than 35 months
offers little opportunity to implement strategies to manage offender
behavior and to sustain long-term behavior change that would promote
public safety.
(c) A decline in local fiscal resources is debilitating local
correctional systems that are responsible for county jails and
probation, thereby threatening efforts by local corrections to
maintain public safety.
(d) Alternatives to imprisonment and probation supervision, such
as community-based punishment options, are a cost-effective manner in
which to maintain public safety and at the same time manage and
modify offender behavior. The fiscal responsibility for these
options must be shared between the state and each county.
(e) State and local corrections should be viewed as an
interconnected system that provides an array of appropriate
punishment alternatives.
SEC. 3. Section 1903 of the Education Code is amended to read:
1903. (a) For purposes of attendance, "adult" means any prisoner
confined in any county jail, county honor farm, county industrial
farm, county or joint county road camp, or community-based
correction punishment program, and who has
enrolled in classes or schools authorized by Section 1900.
(b) This chapter is applicable to a community-based
correction punishment program.
SEC. 4. Section 17 of the Penal Code is amended to read:
17. (a) A felony is a crime which is punishable with death or by
imprisonment in the state prison , or by incarceration pursuant
to Section 19.3 . Every other crime or public offense is a
misdemeanor except those offenses that are classified as infractions.
(b) When a crime is punishable, in the discretion of the court, by
imprisonment in the state prison or incarceration pursuant to
Section 19.3, or by fine or imprisonment in the
a county jail not exceeding one year
, it is a misdemeanor for all purposes under the following
circumstances:
(1) After a judgment imposing a punishment other than imprisonment
in the state prison or incarceration pursuant to Section 19.3
.
(2) When the court, upon committing the defendant to the Youth
Authority, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant without
imposition of sentence and at the time of granting probation, or
on upon application of the defendant or
probation officer thereafter, the court declares the offense to be a
misdemeanor.
(4) When the prosecuting attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that
the offense is a misdemeanor, unless the defendant at the time of his
or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge
the felony and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to
filing an order pursuant to Section 872, the magistrate determines
that the offense is a misdemeanor, in which event the case shall
proceed as if the defendant had been arraigned on a misdemeanor
complaint.
(c) When a defendant is committed to the Youth Authority for a
crime punishable, in the discretion of the court, by imprisonment in
the state prison or by fine or imprisonment in the county jail, the
offense shall, upon the discharge of the defendant from the Youth
Authority, thereafter be deemed a misdemeanor for all purposes.
(d) A violation of any code section listed in Section 19.8 is an
infraction subject to the procedures described in Sections 19.6 and
19.7 when either of the following circumstances applies :
(1) The prosecutor files a complaint charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being informed of his or her rights, elects to have the case
proceed as a misdemeanor , or; .
(2) The court, with the consent of the defendant, determines that
the offense is an infraction in which event the case shall proceed as
if the defendant had been arraigned on an infraction complaint.
SEC. 5. Section 19.2 of the Penal Code is amended to read:
19.2. In no case shall any Except as
provided in Section 19.3, no person sentenced to confinement in
a county or city jail, or in a county or joint county penal farm,
road camp, work camp, or other county adult detention facility, or
committed to the sheriff for placement in any county adult detention
facility, on conviction of a misdemeanor, or as a condition of
probation upon conviction of either a felony or a misdemeanor, or
upon commitment for civil contempt, or upon default in the payment of
a fine upon conviction of either a felony or a misdemeanor, or for
any reason except upon conviction of more than one offense when
consecutive sentences have been imposed, shall be
committed for a period in excess of one year ; provided,
however, that . However, the time allowed on
parole shall not be considered as a part of the period of
confinement.
SEC. 6. Section 19.3 is added to the Penal Code, to read:
19.3. (a) Any person convicted and sentenced for a felony shall
be punished by incarceration in the county if all of the following
conditions apply:
(1) The offender has been given a total sentence of not more than
35 months, including all sentences imposed for more than one offense
when consecutive sentences have been imposed.
(2) The current felony conviction does not subject the offender
to, nor does the offender have a criminal record that includes a
conviction pursuant to, the provisions of Section 667, 667.51,
667.71, 1170.12, or 1203.066, or an offense listed in subdivision (c)
of Section 667.5, subdivision (c) of Section 1192.7, or subdivision
(e), in this state or any other state.
(3) The offender has no history of escape or attempted escape.
(4) The county in which the offender is incarcerated has an
approved community-based punishment plan and contract, pursuant to
Chapter 2 (commencing with Section 8050) of Title 9 of Part 3.
(5) The county in which the offender is incarcerated has agreed to
be subject to this section by adoption of a resolution of the board
of supervisors.
(b) All felons sentenced pursuant to this section shall be placed
in the custody of the correctional administrator, as defined in
Section 8052, of the county where the sentence was imposed. However,
counties may enter into agreements with other counties to
incarcerate out-of-county offenders.
(c) All felons sentenced pursuant to this section shall be deemed
to have served a prior prison term for purposes of sentence
enhancements.
(d) This section is not subject to the limitation on the period of
commitment to a county jail specified in Section 19.2.
(e) For purposes of paragraph (2) of subdivision (a), the
following offenses are included:
(1) Manslaughter, in violation of subdivision (b) of Section 192.
(2) Gross vehicular manslaughter while intoxicated, in violation
of Section 191.5, or vehicular manslaughter, in violation of
paragraph (1) or (3) of subdivision (c) of Section 192.
(3) Assault with a deadly weapon, in violation of Section 245,
245.3, or 246.
(4) Other types of assault and battery offenses, in violation of
Section 69, subdivision (a) of Section 217.1, Section 243, 243.1, or
243.3, subdivision (a), (c), or (d) of Section 243.4, Section 244,
273a, 273d, or 273.5, subdivision (e) of Section 273.6, or Section
417.6, 4131.5, or 4501.5 of this code, or Section 2800.2 or 20001 or
subdivision (b) of Section 23104 of the Vehicle Code.
(5) Rape, in violation of Section 261.5.
(6) Kidnapping, in violation of Section 207 or 278.
(7) Lewd and lascivious acts with a child, in violation of
subdivision (c) of Section 288.
(8) Oral copulation, in violation of subdivision (a) or (b) of
Section 288a.
(9) Sodomy, in violation of paragraph (1) or (2) of subdivision
(b) or subdivision (e) of Section 286.
(10) Penetration with a foreign object, in violation of
subdivision (b), (h), or (i) of Section 289.
(11) Other sex offenses in violation of Section 266f, 266h, or
285, subdivision (b) of Section 311.2, subdivision (c) of Section
311.4, subdivision (1) of Section 314, or Section 314.2 or 647.6.
(12) Burglary of the first degree in violation of subdivision (a)
of Section 460.
(13) Participation in a criminal street gang in violation of
Section 186.22.
(14) Arson or attempted arson in violation of Section 452 or 455.
(15) A violation of the Gun Free School Zone Act in Section 626.9.
(16) Escape or failure to return in violation of Section 4530 or
4532, or subdivision (a) of Section 1768.7 of the Welfare and
Institutions Code.
(17) Any offense where the defendant personally possessed or used
a firearm in the commission of that offense, or any other firearm
offense in violation of Section 12025 or 12031.5, subdivision (a) of
Section 12220, or subdivision (b) of Section 12280.
(f) As used in this section, "incarceration" includes
incarceration, supervision, or treatment, or any combination thereof.
(g) If any court renders a decision that would have the effect of
requiring all counties to participate in a program pursuant to this
section, the provisions of this section shall become inoperative.
SEC. 7. Section 2900.5 of the Penal Code, as amended by Section 29
of Chapter 1077 of the Statutes of 1996, is amended to read:
2900.5. (a) (1) In all felony and misdemeanor
convictions, either by plea or by verdict, when the defendant has
been in custody, including, but not limited to, any time spent in a
jail, camp, work furlough facility, halfway house, rehabilitation
facility, hospital, prison, juvenile detention facility, similar
residential institution, or home detention program, all days of
custody of the defendant, including days served as a condition of
probation in compliance with a court order, and including days
credited to the period of confinement pursuant to Section 4019, shall
be credited upon his or her term of imprisonment, or credited to any
fine on a proportional basis, including, but not limited to, base
fines and restitution fines, which may be imposed, at the rate of not
less than thirty dollars ($30) per day, or more, in the discretion
of the court imposing the sentence. If the total number of days in
custody exceeds the number of days of the term of imprisonment to be
imposed, the entire term of imprisonment shall be deemed to have been
served. In any case where the court has imposed both a prison or
jail term of imprisonment and a fine, any days to be credited to the
defendant shall first be applied to the term of imprisonment imposed,
and thereafter the remaining days, if any, shall be applied to the
fine on a proportional basis, including, but not limited to, base
fines and restitution fines.
(2) Notwithstanding, and in addition to, paragraph (1), any person
convicted of a misdemeanor who has been under the custody of the
correctional administrator, including, custody as provided in
paragraph (1) or placement in any community-based punishment program
authorized under Chapter 2 (commencing with Section 8050) of Title 9
of Part 3, shall have all days of that custody credited upon his or
her term of imprisonment, or credited to any fine that may be
imposed, as provided in paragraph (1). Credit under this paragraph
for days in custody shall apply to any mandatory minimum term of
imprisonment.
(b) For the purposes of this section, credit shall be given only
where the custody to be credited is attributable to proceedings
related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of
custody attributable to multiple offenses for which a consecutive
sentence is imposed.
(c) For the purposes of this section, "term of imprisonment"
includes any period of imprisonment imposed as a condition of
probation or otherwise ordered by a court in imposing or suspending
the imposition of any sentence, and also includes any term of
imprisonment, including any period of imprisonment prior to release
on parole and any period of imprisonment and parole, prior to
discharge, whether established or fixed by statute, by any court, or
by any duly authorized administrative agency.
(d) It shall be the duty of the court imposing the sentence to
determine the date or dates of any admission to and release from
custody prior to sentencing, and the total number of days to be
credited pursuant to this section. The total number of days to be
credited shall be contained in the abstract of judgment provided for
in Section 1213.
(e) It shall be the duty of any agency to which a person is
committed to apply the credit provided for in this section for the
period between the date of sentencing and the date the person is
delivered to the agency.
(f) If a defendant serves time in a camp, work furlough facility,
halfway house, rehabilitation facility, hospital, juvenile detention
facility, similar residential facility, or home detention program in
lieu of imprisonment in county jail, and the statute under which the
defendant is sentenced requires a mandatory minimum period of time in
jail, the time spent in these facilities or programs shall qualify
as mandatory time in jail.
(g) Notwithstanding any other provision of this code as it
pertains to the sentencing of convicted offenders, nothing in this
section is to be construed as authorizing the sentencing of convicted
offenders to any of the facilities or programs mentioned herein.
(h) This section shall remain operative until January 1, 1999, and
as of that date is repealed.
SEC. 8. Section 2900.5 of the Penal Code, as amended by Section 28
of Chapter 1077 of the Statutes of 1996, is amended to read:
2900.5. (a) (1) In all felony and misdemeanor
convictions, either by plea or by verdict, when the defendant has
been in custody, including, but not limited to, any time spent in a
jail, camp, work furlough facility, halfway house, rehabilitation
facility, hospital, prison, juvenile detention facility, or similar
residential institution, all days of custody of the defendant,
including days served as a condition of probation in compliance with
a court order, and including days credited to the period of
confinement pursuant to Section 4019, shall be credited upon his or
her term of imprisonment, or credited to any fine on a proportional
basis, including, but not limited to, base fines and restitution
fines, which may be imposed, at the rate of not less than thirty
dollars ($30) per day, or more, in the discretion of the court
imposing the sentence. If the total number of days in custody
exceeds the number of days of the term of imprisonment to be imposed,
the entire term of imprisonment shall be deemed to have been served.
In any case where the court has imposed both a prison or jail term
of imprisonment and a fine, any days to be credited to the defendant
shall first be applied to the term of imprisonment imposed, and
thereafter the remaining days, if any, shall be applied to the fine
on a proportional basis, including, but not limited to, base fines
and restitution fines.
(2) Notwithstanding, and in addition to, paragraph (1), any person
convicted of a misdemeanor who has been under the custody of the
correctional administrator, including, custody as provided in
paragraph (1) or placement in any community-based punishment program
authorized under Chapter 2 (commencing with Section 8050) of Title 9
of Part 3, shall have all days of that custody credited upon his or
her term of imprisonment, or credited to any fine that may be
imposed, as provided in paragraph (1). Credit under this paragraph
for days in custody shall apply to any mandatory minimum term of
imprisonment.
(b) For the purposes of this section, credit shall be given only
where the custody to be credited is attributable to proceedings
related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of
custody attributable to multiple offenses for which a consecutive
sentence is imposed.
(c) For the purposes of this section, "term of imprisonment"
includes any period of imprisonment imposed as a condition of
probation or otherwise ordered by a court in imposing or suspending
the imposition of any sentence, and also includes any term of
imprisonment, including any period of imprisonment prior to release
on parole and any period of imprisonment and parole, prior to
discharge, whether established or fixed by statute, by any court, or
by any duly authorized administrative agency.
(d) It shall be the duty of the court imposing the sentence to
determine the date or dates of any admission to, and release from,
custody prior to sentencing and the total number of days to be
credited pursuant to this section. The total number of days to be
credited shall be contained in the abstract of judgment provided for
in Section 1213.
(e) It shall be the duty of any agency to which a person is
committed to apply the credit provided for in this section for the
period between the date of sentencing and the date the person is
delivered to the agency.
(f) Notwithstanding any other provision of this code as it
pertains to the sentencing of convicted offenders, nothing in this
section is to be construed as authorizing the sentencing of convicted
offenders to any of the facilities or programs mentioned herein.
(g) This section shall become operative on January 1, 1999.
SEC. 9. Section 4000.2 is added to the Penal Code, to read:
4000.2. (a) Notwithstanding any other law, the board of
supervisors of any county, by resolution, may designate a chief
correctional administrator and a correctional administrator, as
defined in Section 8052.
(b) Upon adoption of a resolution by the board of supervisors
pursuant to subdivision (a), any person convicted of a misdemeanor
and sentenced to a period of incarceration in a county jail,
including any mandatory minimum sentence, shall be under the legal
custody of the correctional administrator.
(c) Notwithstanding any other law, the correctional administrator
has sole authority for the evaluation, screening, and programming of
all misdemeanor offenders sentenced to the custody of the
correctional administrator pursuant to this chapter.
(d) For purposes of this section, "custody" includes custody as
provided in paragraph (2) of subdivision (a) of Section 2900.5 or
placement in any community-based punishment program authorized under
Chapter 2 (commencing with Section 8050) of Title 9 of Part 3.
SEC. 10. Section 4019 of the Penal Code is amended to read:
4019. (a) The provisions of this section shall apply in all of
the following cases:
(1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
(2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.
(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
(5) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp upon a
sentence of incarceration at the local level for more than one year
but not more than 35 months after conviction of a felony in a
criminal proceeding.
(b) Subject to the provisions of subdivision (d), for each six-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her 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.
(c) For each six-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her 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.
(d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
(e) No deduction may be made under this section unless the person
is committed for a period of six days or longer.
(f) It is the intent of the Legislature that if all days are
earned under this section, a term of six days will be deemed to have
been served for every four days spent in actual custody.
SEC. 11. Chapter 8.6 (commencing with Section 6140) is added to
Title 7 of Part 3 of the Penal Code, to read:
CHAPTER 8.6. MEDICAL DETENTION PROGRAM
6140. (a) It is the intent of the Legislature to maximize federal
financial participation in health care costs associated with
severely ill, incapacitated, and disabled inmates and maintain public
safety.
(b) As used in this chapter:
(1) "Department" means the Department of Corrections.
(2) "Director" means the Director of Corrections.
(3) "Panel" means the Medical Detention Evaluation Panel.
(4) "Program" means the Medical Detention Program.
6141. (a) The Department of Corrections shall establish a Medical
Detention Program that utilizes licensed health care facilities for
the provision of medical, developmental, and mental health services
necessary for the treatment of severely ill, incapacitated, and
disabled inmates of the state prisons. In addition, the department
shall explore using these facilities for housing geriatric, aged, and
nonambulatory inmate populations.
(b) Services may include comprehensive health services for
individuals with medical or rehabilitation needs, chronic diseases or
conditions, mental disorders, or developmental disabilities.
(c) The department shall develop standards for the program by July
1, 2000, including custody requirements for inmates and inmate
eligibility for the program as specified in Section 6143. In
developing the program standards, the department shall maximize
federal financial participation in providing medical services for
eligible individuals.
6142. (a) The department shall establish a Medical Detention
Evaluation Panel composed of five members with either a medical or
correctional background. Three members shall be appointed by the
Governor, one member by the Senate Rules Committee, and one member by
the Speaker of the Assembly. Each panel member shall serve a
four-year term. The terms shall be staggered with two appointees of
the Governor serving initial two-year terms. All terms shall
commence on January 1, 2000. Members shall be eligible for
reappointment. The chair of the panel shall be designated by the
Governor.
(b) The panel shall make recommendations to the Director of
Corrections on inmate eligibility for the program based on department
standards.
(c) The panel shall meet as necessary for a full and complete
study of the cases of all inmates the director has deemed potentially
eligible for the Medical Detention Program.
6143. (a) In determining custody requirements for the program,
the panel and the director shall consider placements that match
inmate needs with corresponding facility service levels, security
capacity, and ability to provide services in a cost-effective manner.
The department shall monitor facility compliance with the custody
requirements of the program.
(b) In the evaluation of patient eligibility, the panel and the
director shall consider the age, commitment status, record while
incarcerated, escape risk, infirmity, mobility, medical needs, and
need for assistance with daily living of the inmate.
6144. The implementation of the program shall not cause the
displacement of civil service employees. For purposes of this
section, "displacement" includes layoff, demotion, involuntary
transfer to a new class or to a new location requiring a change in
residence, and time base reductions. "Displacement" does not include
changes in shifts or days off, nor reassignment to other positions
within the same class and general location.
SEC. 12. Section 8051 of the Penal Code is amended to read:
8051. The Legislature hereby finds and declares as follows:
(a) Community-based punishment programs require a partnership
between the state and local government to provide and expand the use
of intermediate sanctions punishments
for specifically targeted offender populations.
(b) Community-based programs must operate to punish offenders
while at the same time providing opportunities to change behavior.
(c)
Community-based punishment programs provide appropriate means of
managing select offenders but should not be viewed as the only
solution to prison overcrowding.
(d) Community-based punishment programs target prison-bound and
jail-bound nonviolent offenders because this group poses the least
risk to the public and is the most amenable to the individualized
programming and services offered by community-based programs.
(e) Community-based punishment programs emphasize reducing local
jail populations, thereby making jail space available for new
commitments, parole violators, and probation violators who are now
being sent to jail and nonviolent felons who have already been sent
to prison for short periods of time.
(f) Community-based punishment programs must be financed from a
consistent, reliable, and separate funding source.
(g) Community-based punishment programs should be expanded
incrementally with a variety of pilot approaches tested to determine
their effectiveness prior to expansion.
(h) In order to effectively utilize available resources, to ensure
appropriate management of the local offender population, each county
utilizing community-based punishment programs must implement a
locally coordinated planning process.
(i) Since successful community-based punishment programs are
dependent on the coordinated efforts of, and successful working
relationships between, state and local agencies, the Board of
Corrections is the logical state agency to coordinate community
punishment efforts because of its extensive experience with
collaborative state and local programs.
SEC. 13. Section 8052 of the Penal Code is amended to read:
8052. As used in this chapter, the following definitions shall
apply:
(a) "Board" means the Board of Corrections, unless otherwise
indicated.
(b) "Chief correctional administrator" means the sheriff, chief
probation officer, or director of the county department of
corrections, who is designated by the board of supervisors to have
administrative responsibility for the community-based punishment
plan and oversight responsibility for contracts entered into under
Section 8100.
"Correctional administrator" means the sheriff, chief probation
officer, or director of the local corrections agency who has
responsibility for county corrections operations and programs,
including a community-based punishment program.
(c) "Community-based punishment" means a partnership between the
state and a county or a collaboration of counties to manage and
provide correctional services, especially those services considered
to be intermediate sanctions punishments
at the local level of government for targeted, select offender
populations pursuant to the community corrections plan of a county or
a collaboration of counties.
(d) "Community-based punishment plan" means the proposal for a
community-based punishment program promulgated by a county or a
collaboration of counties that has been developed by the chief
correctional administrator, in cooperation with the district
attorney, public defender, and other concerned community
representatives designated by the board of supervisors, to address
correctional needs in that county or collaboration of counties.
(e) "Intermediate sanctions" punishments"
means punishment options and sanctions other than
simple in addition to or in lieu of
incarceration in prison or jail or traditional routine probation
supervision. Intermediate sanctions
punishments may be provided by correctional agencies directly
or through community-based public or private correctional service
providers, and include, but are not limited to, the following:
(1) Short-term "shock" incarceration in either jail or prison, for
a period of not more than 60 90 days.
(2) Incarceration in a "boot camp" facility , road camp, or
work camp .
(3) Intensive supervision.
(4) Home detention with electronic monitoring.
(5) Mandatory community service.
(6) Restorative justice programs such as mandatory victim
restitution and victim-offender reconciliation.
(7) Work, training, or education in a furlough program pursuant to
Section 1208.
(8) Work, in lieu of confinement, in a work release program
pursuant to Section 4024.2.
(9) Day reporting centers .
(10) Mandatory residential or nonresidential substance abuse
treatment programs established pursuant to Chapter 9.4 (commencing
with Section 6240) of Title 7.
(11) Mandatory random drug testing.
(12) Mother-infant care programs.
(13) Community-based residential programs offering structure,
supervision, drug treatment, alcohol treatment, literacy programming,
employment counseling, psychological counseling, or any combination
of these and other interventions.
(f) "Nonviolent offender" means a person who is not currently
charged with a violent crime, as defined in Section 667.5, or
with a crime listed in subdivision (e) of Section 19.3, does
not have a criminal record that includes a violent crime,
meets the National Institute of Corrections (NIC) Model
Classification System guidelines for classification as a nonviolent
offender, any of those crimes, and does not pose
a risk to the community, as determined by the correctional
administrator.
SEC. 14. Section 8061 of the Penal Code is amended to read:
8061. The board, in collaboration with state, local, and
community-based departments, agencies, and organizations shall do the
following:
(a) Describe the parameters of effective community-based
punishment programs and the relationship between the state and local
jurisdictions in meeting the purposes of this chapter.
(b) Develop and implement a process by which local jurisdictions
are selected and can participate in pilot efforts initiated under
this chapter.
(c) Develop and implement the process by which counties
participating in accordance with this chapter annually
submit their community-based punishment program proposals
for approval, modification, or both.
(d) Design and implement a process for annually awarding funds to
counties participating pursuant to this chapter to implement their
community-based punishment program proposals, and administer and
monitor the receipt, expenditure, and reporting of those funds by
participating counties.
(e) Provide technical assistance and support to counties and
community correctional administrators in determining whether to
participate in community-based punishment programs, and in either
developing or annually updating their punishment programs.
(f) Facilitate the sharing of information among counties and
between county and state agencies relative to community-based
punishment approaches and programs being initiated or already in
existence, strengths and weaknesses of specific programs, specific
offender groups appropriate for different programs, results of
program evaluations and other data, and anecdotal material that may
assist in addressing the purposes of this chapter.
(g) Adopt and periodically revise regulations necessary to
implement this chapter.
(h) Design and provide for regular and rigorous evaluation of the
community-based punishment programming undertaken pursuant to
approved community-based punishment plans.
(i) Design and provide for analysis and evaluation of the pilot
and any subsequent implementation of this chapter, with areas of
analysis to include, at a minimum, the following:
(1) The relationship between the board and counties or
collaborations of counties submitting county community-based
punishment plans.
(2) The effectiveness of this chapter in encouraging the use of
intermediate as well as traditional sanctions.
(3) The categories of offenders most suitable for specific
intermediate sanctions punishments ,
various aspects of community-based punishment programming, or both.
(4) The effectiveness of the programs implemented pursuant to this
chapter in maintaining public safety.
(5) The cost-effectiveness of the programs implemented pursuant to
this chapter.
(6) The effect of the programs implemented pursuant to this
chapter on prison, jail, and Department of the Youth Authority
populations.
(j) On January 1, 1997, and annually thereafter, the board shall,
upon request, provide the Legislature with a progress report on the
status of the implementation of this chapter.
SEC. 15. Section 8080 of the Penal Code is amended to read:
8080. Each county or collaboration of counties electing to
operate a community-based punishment program under this chapter shall
develop a community-based punishment plan describing the continuum
of sanctions and services comprising its program. The plan shall be
developed pursuant to guidelines established by the board and shall
be updated annually or periodically, as
determined by the board. The plan shall describe, at a minimum, the
following:
(a) System design and administration, lines of authority, and
responsible personnel, including, but not limited to, the chief
correctional administrator and other relevant individuals.
(b) The extent and nature of citizen involvement in the
development and promulgation of the community-based punishment plan,
including, but not limited to, the following:
(1) Consultation with a citizens' advisory committee formed for
the purpose of providing community input into the development and
promulgation of a community-based punishment plan.
(2) Consultation with selected community leaders.
(3) Input derived from citizen testimony at public hearings or
town hall meetings.
(c) The number and kind of offenders to participate in
community-based punishment programs.
(d) Eligibility requirements.
(e) How offenders, including those coming from the courts and
those who are probation and parole violators, are to be selected to
participate.
(f) Community-based punishment program components, including, for
example, which punishment options, intermediate sanctions
punishments , treatment options, or combinations
are to be developed and used for which offenders.
(g) Responsibilities and relationships, including, but not limited
to, the elements of community-based punishment programs that are
administered by the sheriff's department, the probation department,
or parole personnel, and when and how offenders are to be programmed.
(h) Criteria for transferring offenders from more restrictive to
less restrictive sanctions.
(i) Criteria for disciplinary interventions, imposition of
stricter sanctions, or return to prison or jail, when necessary.
(j) Anticipated costs and funding needs.
SEC. 16. Section 8100 is added to the Penal Code, to read:
8100. (a) Section 19.3 and this section shall apply only to a
county that has executed a contract with the Board of Corrections
that establishes the conditions under which the parties will
implement Section 19.3 and this section. In order to contract to
incarcerate prisoners under the terms of Section 19.3, a county shall
develop a community-based punishment plan pursuant to this chapter
that is approved by the board. The contract shall specify which
types of prisoners, categorized by offense committed and by length of
sentence, the county will incarcerate, from among those sentenced to
a term of not more than 18 months, not more than 24 months, or not
more than 35 months in the state prison. Those choices shall be
specified in the contract and shall result in the county having to
accept all prisoners within those categories. The contract also
shall specify the current average cost of incarcerating felons in the
state prison, for purposes of subdivision (c).
(b) The board shall develop criteria for the transfer of custody
of prisoners committed to a local correctional facility pursuant to a
contract, who subsequently are found to be inappropriate for
placement at the local level according to the terms of the contract.
(c) From moneys appropriated by the Legislature, the board shall
reimburse any contracting county for felons who are committed to a
jail or other local correctional facility pursuant to Section 19.3,
in an amount that does not exceed the average cost of incarcerating
felons in the state prison, as specified in the contract.
(d) No state money shall be encumbered by a contract with a
county, nor shall state money be released to a county, until the
conditions of this section have been fulfilled by the county.
(e) Prisoners sentenced to imprisonment in a county jail for more
than one year but not more than 35 months who are committed to a jail
or other local correctional facility shall be subject to the rules
and regulations of the facility in which they are confined and are
not under the legal custody or jurisdiction of the Department of
Corrections.
(f) Notwithstanding Chapter 8 (commencing with Section 3000) of
Title 1 of Part 3, a person to whom this section applies who commits
a crime after January 1, 2000, shall not be given a term of parole
after being incarcerated pursuant to Section 19.3.
(g) As used in this section, "incarceration" includes
incarceration, supervision, treatment, or any combination thereof.
(h) If any court renders a decision that would have the effect of
requiring all counties to participate in a program pursuant to this
section, the provisions of this section shall become inoperative.
(i) It is the intent of the Legislature that the provisions of
this section be phased in over three years, with funds being
appropriated to the Board of Corrections in the annual Budget Act, to
be used for the costs of contracts with counties, as follows:
(1) For the 1999-2000 fiscal year, twenty million dollars
($20,000,000).
(2) For the 2000-01 fiscal year, sixty million dollars
($60,000,000).
(3) For the 2001-02 fiscal year, one hundred twenty million
dollars ($120,000,000).