Bill Text: CA AB752 | 2013-2014 | Regular Session | Chaptered
Bill Title: Work furlough: county jails.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-07-03 - Chaptered by Secretary of State - Chapter 52, Statutes of 2013. [AB752 Detail]
Download: California-2013-AB752-Chaptered.html
BILL NUMBER: AB 752 CHAPTERED
BILL TEXT
CHAPTER 52
FILED WITH SECRETARY OF STATE JULY 3, 2013
APPROVED BY GOVERNOR JULY 3, 2013
PASSED THE SENATE JUNE 20, 2013
PASSED THE ASSEMBLY APRIL 11, 2013
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 21, 2013
An act to amend Section 1208 of the Penal Code, relating to work
furlough.
LEGISLATIVE COUNSEL'S DIGEST
AB 752, Jones-Sawyer. Work furlough: county jails.
Existing law authorizes a county, upon approval by the board of
supervisors, to establish a work furlough program. Existing law
authorizes the board to designate a county facility and a work
furlough administrator for the program, as specified. Existing law
provides that when a person is convicted of a misdemeanor and
sentenced to a county jail, the work furlough administrator may, if
he or she concludes that the person is a fit subject to continue in
his or her regular employment or job training program, direct that
the person be permitted to continue in that employment or job
training program, as specified, or may authorize the person to secure
employment or local job training for himself or herself, unless the
court at the time of sentencing or committing has ordered that the
person not be granted work furloughs. Existing law describes job
training for purposes of these provisions.
Existing law, the 2011 Realignment Legislation addressing public
safety and related statutes, requires that certain specified felonies
be punished by a term of imprisonment in a county jail for 16
months, or 2 or 3 years and provides for postrelease community
supervision by county officials for persons convicted of certain
specified felonies upon release from prison or county jail.
This bill would make a change to the work furlough provision
described above and authorize a person sentenced to county jail for a
felony to participate in a work furlough program. The bill would
also make a technical change to the provision describing job training
for purposes of these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1208 of the Penal Code is amended to read:
1208. (a) (1) The provisions of this section, insofar as they
relate to employment, shall be operative in any county in which the
board of supervisors by ordinance finds, on the basis of employment
conditions, the state of the county jail facilities, and other
pertinent circumstances, that the operation of this section, insofar
as it relates to employment, in that county is feasible. The
provisions of this section, insofar as they relate to job training,
shall be operative in any county in which the board of supervisors by
ordinance finds, on the basis of job training conditions, the state
of the county jail facilities, and other pertinent circumstances,
that the operation of this section, insofar as it relates to job
training, in that county is feasible. The provisions of this section,
insofar as they relate to education, shall be operative in any
county in which the board of supervisors by ordinance finds, on the
basis of education conditions, the state of the county jail
facilities, and other pertinent circumstances, that the operation of
this section, insofar as it relates to education, in that county is
feasible. In any ordinance the board shall prescribe whether the
sheriff, the probation officer, the director of the county department
of corrections, or the superintendent of a county industrial farm or
industrial road camp in the county shall perform the functions of
the work furlough administrator. The board may, in that ordinance,
provide for the performance of any or all functions of the work
furlough administrator by any one or more of those persons, acting
separately or jointly as to any of the functions; and may, by a
subsequent ordinance, revise the provisions within the authorization
of this section. The board of supervisors may also terminate the
operation of this section, either with respect to employment, job
training, or education in the county if it finds by ordinance that
because of changed circumstances, the operation of this section,
either with respect to employment, job training, or education in that
county is no longer feasible.
(2) Notwithstanding any other provision of law, the board of
supervisors may by ordinance designate a facility for confinement of
prisoners classified for the work furlough program and designate the
work furlough administrator as the custodian of the facility. The
work furlough administrator may operate the work furlough facility
or, with the approval of the board of supervisors, administer the
work furlough facility pursuant to written contracts with appropriate
public or private agencies or private entities. No agency or private
entity may operate a work furlough program or facility without a
written contract with the work furlough administrator, and no agency
or private entity entering into a written contract may itself employ
any person who is in the work furlough program. The sheriff or
director of the county department of corrections, as the case may be,
is authorized to transfer custody of prisoners to the work furlough
administrator to be confined in a facility for the period during
which they are in the work furlough program.
(3) All privately operated local work furlough facilities and
programs shall be under the jurisdiction of, and subject to the terms
of a written contract entered into with, the work furlough
administrator. Each contract shall include, but not be limited to, a
provision whereby the private agency or entity agrees to operate in
compliance with all appropriate state and local building, zoning,
health, safety, and fire statutes, ordinances, and regulations and
the minimum jail standards for Type IV facilities as established by
regulations adopted by the Board of State and Community Corrections,
and a provision whereby the private agency or entity agrees to
operate in compliance with Section 1208.2, which provides that no
eligible person shall be denied consideration for, or be removed
from, participation in a work furlough program because of an
inability to pay all or a portion of the program fees. The private
agency or entity shall select and train its personnel in accordance
with selection and training requirements adopted by the Board of
State and Community Corrections as set forth in Subchapter 1
(commencing with Section 100) of Chapter 1 of Division 1 of Title 15
of the California Code of Regulations. Failure to comply with the
appropriate health, safety, and fire laws or minimum jail standards
adopted by the board may be cause for termination of the contract.
Upon discovery of a failure to comply with these requirements, the
work furlough administrator shall notify the privately operated
program director that the contract may be canceled if the specified
deficiencies are not corrected within 60 days.
(4) All private work furlough facilities and programs shall be
inspected biennially by the Board of State and Community Corrections
unless the work furlough administrator requests an earlier inspection
pursuant to Section 6031.1. Each private agency or entity shall pay
a fee to the Board of State and Community Corrections commensurate
with the cost of those inspections and a fee commensurate with the
cost of the initial review of the facility.
(b) When a person is convicted and sentenced to the county jail,
or is imprisoned in the county jail for nonpayment of a fine, for
contempt, or as a condition of probation for any criminal offense,
the work furlough administrator may, if he or she concludes that the
person is a fit subject to continue in his or her regular employment,
direct that the person be permitted to continue in that employment,
if that is compatible with the requirements of subdivision (c), or
may authorize the person to secure employment for himself or herself,
unless the court at the time of sentencing or committing has ordered
that the person not be granted work furloughs. The work furlough
administrator may, if he or she concludes that the person is a fit
subject to continue in his or her job training program, direct that
the person be permitted to continue in that job training program, if
that is compatible with the requirements of subdivision (c), or may
authorize the person to secure local job training for himself or
herself, unless the court at the time of sentencing has ordered that
person not be granted work furloughs. The work furlough administrator
may, if he or she concludes that the person is a fit subject to
continue in his or her regular educational program, direct that the
person be permitted to continue in that educational program, if that
is compatible with the requirements of subdivision (c), or may
authorize the person to secure education for himself or herself,
unless the court at the time of sentencing has ordered that person
not be granted work furloughs.
(c) If the work furlough administrator so directs that the
prisoner be permitted to continue in his or her regular employment,
job training, or educational program, the administrator shall arrange
for a continuation of that employment or for that job training or
education, so far as possible without interruption. If the prisoner
does not have regular employment or a regular job training or
educational program, and the administrator has authorized the
prisoner to secure employment, job training, or education for himself
or herself, the prisoner may do so, and the administrator may assist
the prisoner in doing so. Any employment, job training, or education
so secured shall be suitable for the prisoner. The employment, and
the job training or educational program if it includes earnings by
the prisoner, shall be at a wage at least as high as the prevailing
wage for similar work in the area where the work is performed and in
accordance with the prevailing working conditions in that area. In no
event may any employment, job training, or educational program
involving earnings by the prisoner be permitted where there is a
labor dispute in the establishment in which the prisoner is, or is to
be, employed, trained, or educated.
(d) (1) Whenever the prisoner is not employed or being trained or
educated and between the hours or periods of employment, training, or
education, the prisoner shall be confined in the facility designated
by the board of supervisors for work furlough confinement unless the
work furlough administrator directs otherwise. If the prisoner is
injured during a period of employment, job training, or education,
the work furlough administrator shall have the authority to release
him or her from the facility for continued medical treatment by
private physicians or at medical facilities at the expense of the
employer, workers' compensation insurer, or the prisoner. The release
shall not be construed as assumption of liability by the county or
work furlough administrator for medical treatment obtained.
(2) The work furlough administrator may release any prisoner
classified for the work furlough program for a period not to exceed
72 hours for medical, dental, or psychiatric care, or for family
emergencies or pressing business which would result in severe
hardship if the release were not granted, or to attend those
activities as the administrator deems may effectively promote the
prisoner's successful return to the community, including, but not
limited to, an attempt to secure housing, employment, entry into
educational programs, or participation in community programs.
(e) The earnings of the prisoner may be collected by the work
furlough administrator, and it shall be the duty of the prisoner's
employer to transmit the wages to the administrator at the latter's
request. Earnings levied upon pursuant to writ of execution or in
other lawful manner shall not be transmitted to the administrator. If
the administrator has requested transmittal of earnings prior to
levy, that request shall have priority. In a case in which the
functions of the administrator are performed by a sheriff, and the
sheriff receives a writ of execution for the earnings of a prisoner
subject to this section but has not yet requested transmittal of the
prisoner's earnings pursuant to this section, the sheriff shall first
levy on the earnings pursuant to the writ. When an employer or
educator transmits earnings to the administrator pursuant to this
subdivision, the sheriff shall have no liability to the prisoner for
those earnings. From the earnings the administrator shall pay the
prisoner's board and personal expenses, both inside and outside the
jail, and shall deduct so much of the costs of administration of this
section as is allocable to the prisoner or if the prisoner is unable
to pay that sum, a lesser sum as is reasonable, and, in an amount
determined by the administrator, shall pay the support of the
prisoner's dependents, if any. If sufficient funds are available
after making the foregoing payments, the administrator may, with the
consent of the prisoner, pay, in whole or in part, the preexisting
debts of the prisoner. Any balance shall be retained until the
prisoner's discharge. Upon discharge the balance shall be paid to the
prisoner.
(f) The prisoner shall be eligible for time credits pursuant to
Sections 4018 and 4019.
(g) In the event the prisoner violates the conditions laid down
for his or her conduct, custody, job training, education, or
employment, the work furlough administrator may order the balance of
the prisoner's sentence to be spent in actual confinement.
(h) Willful failure of the prisoner to return to the place of
confinement not later than the expiration of any period during which
he or she is authorized to be away from the place of confinement
pursuant to this section is punishable as provided in Section 4532.
(i) The court may recommend or refer a person to the work furlough
administrator for consideration for placement in the work furlough
program or a particular work furlough facility. The recommendation or
referral of the court shall be given great weight in the
determination of acceptance or denial for placement in the work
furlough program or a particular work furlough facility.
(j) As used in this section, the following definitions apply:
(1) "Education" includes vocational and educational training and
counseling, and psychological, drug abuse, alcoholic, and other
rehabilitative counseling.
(2) "Educator" includes a person or institution providing that
training or counseling.
(3) "Employment" includes care of children, including the daytime
care of children of the prisoner.
(4) "Job training" may include, but shall not be limited to, job
training assistance.
(k) This section shall be known and may be cited as the "Cobey
Work Furlough Law."
