BILL NUMBER: SB 219 CHAPTERED
BILL TEXT
CHAPTER 762
FILED WITH SECRETARY OF STATE OCTOBER 10, 2015
APPROVED BY GOVERNOR OCTOBER 10, 2015
PASSED THE SENATE SEPTEMBER 1, 2015
PASSED THE ASSEMBLY AUGUST 27, 2015
AMENDED IN ASSEMBLY JULY 9, 2015
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN SENATE MARCH 26, 2015
INTRODUCED BY Senator Liu
(Principal coauthor: Senator Hancock)
FEBRUARY 12, 2015
An act to amend Section 1170.05 of the Penal Code, relating to
prisons.
LEGISLATIVE COUNSEL'S DIGEST
SB 219, Liu. Prisons: alternative custody.
Existing law authorizes the Secretary of the Department of
Corrections and Rehabilitation to offer a program under which female
inmates who are committed to state prison may be allowed to
participate in a voluntary alternative custody program in lieu of
confinement in state prison. Existing law defines an alternative
custody program to include confinement to a residential home, a
residential drug or treatment program, or a transitional care
facility that offers appropriate services. Existing law provides that
female inmates sentenced to determinate sentences shall be eligible
for participation in the program, subject to certain disqualifying
criteria.
Except as specified, existing law requires the suspension of
certain Medi-Cal benefits to an individual who is an inmate of a
public institution. Existing law requires the state to retain
responsibility for the medical, dental, and mental health needs of
individuals participating in the alternative custody program.
This bill would provide that an inmate's existing psychiatric or
medical condition that requires ongoing care is not a basis for
excluding the inmate from eligibility for the program.
The bill would also prescribe specific timeframes for, among other
things, the review of an application to participate in the program,
notifying an applicant when a determination has been made on that
application, the development of an individualized treatment and
rehabilitation plan, and release of the inmate into the program. The
bill would require a notice of denial to specify the reasons the
inmate has been denied participation in the program, and authorize an
inmate to reapply for participation in the program or appeal a
denial, as specified.
The bill would also require the secretary or his or her designee
to assist an individual participating in the alternative custody
program in obtaining health care coverage, including, but not limited
to, assistance with having suspended Medi-Cal benefits reinstated,
applying for Medi-Cal benefits, or obtaining health care coverage
under a private health plan or policy. The bill would require that,
to the extent not covered by a participant's health care coverage,
the state would retain responsibility for the medical, dental, and
mental health needs of individuals participating in the alternative
custody program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1170.05 of the Penal Code is amended to read:
1170.05. (a) Notwithstanding any other law, the Secretary of the
Department of Corrections and Rehabilitation is authorized to offer a
program under which female inmates as specified in subdivision (c),
who are not precluded by subdivision (d), and who have been committed
to state prison may be allowed to participate in a voluntary
alternative custody program as defined in subdivision (b) in lieu of
their confinement in state prison. In order to qualify for the
program an offender need not be confined in an institution under the
jurisdiction of the Department of Corrections and Rehabilitation.
Under this program, one day of participation in an alternative
custody program shall be in lieu of one day of incarceration in the
state prison. Participants in the program shall receive any sentence
reduction credits that they would have received had they served their
sentence in the state prison, and shall be subject to denial and
loss of credit pursuant to subdivision (a) of Section 2932. The
department may enter into contracts with county agencies,
not-for-profit organizations, for-profit organizations, and others in
order to promote alternative custody placements.
(b) As used in this section, an alternative custody program shall
include, but not be limited to, the following:
(1) Confinement to a residential home during the hours designated
by the department.
(2) Confinement to a residential drug or treatment program during
the hours designated by the department.
(3) Confinement to a transitional care facility that offers
appropriate services.
(c) Except as provided by subdivision (d), female inmates
sentenced to state prison for a determinate term of imprisonment
pursuant to Section 1170, and only those persons, are eligible to
participate in the alternative custody program authorized by this
section.
(d) An inmate committed to the state prison who meets any of the
following criteria is not eligible to participate in the alternative
custody program:
(1) The person has a current conviction for a violent felony as
defined in Section 667.5.
(2) The person has a current conviction for a serious felony as
defined in Sections 1192.7 and 1192.8.
(3) The person has a current or prior conviction for an offense
that requires the person to register as a sex offender as provided in
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(4) The person was screened by the department using a validated
risk assessment tool and determined to pose a high risk to commit a
violent offense.
(5) The person has a history, within the last 10 years, of escape
from a facility while under juvenile or adult custody, including, but
not limited to, any detention facility, camp, jail, or state prison
facility.
(e) An alternative custody program shall include the use of
electronic monitoring, global positioning system devices, or other
supervising devices for the purpose of helping to verify a
participant's compliance with the rules and regulations of the
program. The devices shall not be used to eavesdrop or record any
conversation, except a conversation between the participant and the
person supervising the participant, in which case the recording of
such a conversation is to be used solely for the purposes of voice
identification.
(f) (1) In order to implement alternative custody for the
population specified in subdivision (c), the department shall create,
and the participant shall agree to and fully participate in, an
individualized treatment and rehabilitation plan. When available and
appropriate for the individualized treatment and rehabilitation plan,
the department shall prioritize the use of evidence-based programs
and services that will aid in the successful reentry into society
while she takes part in alternative custody. Case management services
shall be provided to support rehabilitation and to track the
progress and individualized treatment plan compliance of the inmate.
(2) For purposes of this section, "evidence-based practices" means
supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals under probation, parole, or postrelease community
supervision.
(g) The secretary shall prescribe reasonable rules and regulations
under which the alternative custody program shall operate. The
department shall adopt regulations necessary to effectuate this
section, including emergency regulations as provided under Section
5058.3 and adopted pursuant to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The participant shall be informed
in writing that she shall comply with the rules and regulations of
the program, including, but not limited to, the following rules:
(1) The participant shall remain within the interior premises of
her residence during the hours designated by the secretary or his or
her designee.
(2) The participant shall be subject to search and seizure by a
peace officer at any time of the day or night, with or without cause.
In addition, the participant shall admit any peace officer
designated by the secretary or his or her designee into the
participant's residence at any time for purposes of verifying the
participant's compliance with the conditions of her detention. Prior
to participation in the alternative custody program, all participants
shall agree in writing to these terms and conditions.
(3) The secretary or his or her designee may immediately retake
the participant into custody to serve the balance of her sentence if
the electronic monitoring or supervising devices are unable for any
reason to properly perform their function at the designated place of
detention, if the participant fails to remain within the place of
detention as stipulated in the agreement, or if the participant for
any other reason no longer meets the established criteria under this
section.
(h) Whenever a peace officer supervising a participant has
reasonable suspicion to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the designated
place of confinement, the peace officer may, under general or
specific authorization of the secretary or his or her designee, and
without a warrant of arrest, retake the participant into custody to
complete the remainder of the original sentence.
(i) This section does not require the secretary or his or her
designee to allow an inmate to participate in this program if it
appears from the record that the inmate has not satisfactorily
complied with reasonable rules and regulations while in custody. An
inmate is eligible for participation in an alternative custody
program only if the secretary or his or her designee concludes that
the inmate meets the criteria for program participation established
under this section and that the inmate's participation is consistent
with any reasonable rules and regulations prescribed by the
secretary.
(1) The rules and regulations and administrative policies of the
program shall be written and shall be given or made available to the
participant upon assignment to the alternative custody program.
(2) The secretary or his or her designee shall have the sole
discretion concerning whether to permit program participation as an
alternative to custody in state prison. A risk and needs assessment
shall be completed on each inmate to assist in the determination of
eligibility for participation and the type of alternative custody.
(3) An inmate's existing psychiatric or medical condition that
requires ongoing care is not a basis for excluding the inmate from
eligibility to participate in an alternative custody program
authorized by this section.
(j) The secretary or his or her designee shall establish a
timeline for the application process. The secretary or his or her
designee shall respond to an applicant within two weeks of her
application to inform the inmate that the application was received,
and to notify the inmate of the eligibility criteria of the program.
The secretary or his or her designee shall provide a written notice
to the inmate of her acceptance or denial into the program. The
individualized treatment and rehabilitation plan described in
subdivision (f) shall be developed, in consultation with the inmate,
after the applicant has been found potentially eligible for
participation in the program and no later than 30 calendar days after
the potential eligibility determination. Except as necessary to
comply with any release notification requirements, the inmate shall
be released to the program no later than seven business days
following notice of acceptance into the program, or if this is not
possible in the case of an inmate to be placed in a residential drug
or treatment program or in a transitional care facility, the first
day a contracted bed becomes available at the requested location. If
the inmate is denied participation in the program, the notice of
denial shall specify the reason the inmate was denied. The secretary
or his or her designee shall maintain a record of the application and
notice of denials for participation. The inmate may appeal the
decision through normal grievance procedures or reapply for
participation in the program 30 days after the notice of the denial.
(k) The secretary or his or her designee shall permit program
participants to seek and retain employment in the community, attend
psychological counseling sessions or educational or vocational
training classes, participate in life skills or parenting training,
utilize substance abuse treatment services, or seek medical and
dental assistance based upon the participant's individualized
treatment and release plan. Participation in other rehabilitative
services and programs may be approved by the case manager if it is
specified as a requirement of the inmate's individualized treatment
and rehabilitative case plan. Willful failure of the program
participant to return to the place of detention not later than the
expiration of any period of time during which she is authorized to be
away from the place of detention pursuant to this section,
unauthorized departures from the place of detention, or tampering
with or disabling, or attempting to tamper with or disable, an
electronic monitoring device shall subject the participant to a
return to custody pursuant to subdivisions (g) and (h). In addition,
participants may be subject to forfeiture of credits pursuant to the
provisions of Section 2932, or to discipline for violation of rules
established by the secretary.
(l) (1) Notwithstanding any other law, the secretary or his or her
designee shall provide the information specified in paragraph (2)
regarding participants in an alternative custody program to the law
enforcement agencies of the jurisdiction in which persons
participating in an alternative custody program reside.
(2) The information required by paragraph (1) shall consist of the
following:
(A) The participant's name, address, and date of birth.
(B) The offense committed by the participant.
(C) The period of time the participant will be subject to an
alternative custody program.
(3) The information received by a law enforcement agency pursuant
to this subdivision may be used for the purpose of monitoring the
impact of an alternative custody program on the community.
(m) It is the intent of the Legislature that the alternative
custody program established under this section maintain the highest
public confidence, credibility, and public safety. In the furtherance
of these standards, the secretary may administer an alternative
custody program pursuant to written contracts with appropriate public
agencies or entities to provide specified program services. No
public agency or entity entering into a contract may itself employ
any person who is in an alternative custody program. The department
shall determine the recidivism rate of each participant in an
alternative custody program.
(n) An inmate participating in this program shall voluntarily
agree to all of the provisions of the program in writing, including
that she may be returned to confinement at any time with or without
cause, and shall not be charged fees or costs for the program.
(o) (1) The secretary or his or her designee shall assist an
individual participating in the alternative custody program in
obtaining health care coverage, including, but not limited to,
assistance with having suspended Medi-Cal benefits reinstated,
applying for Medi-Cal benefits, or obtaining health care coverage
under a private health plan or policy.
(2) To the extent not covered by a participant's health care
coverage, the state shall retain responsibility for the medical,
dental, and mental health needs of individuals participating in the
alternative custody program.
(p) The secretary shall adopt emergency regulations specifically
governing participants in this program.
(q) If a phrase, clause, sentence, or provision of this section or
application thereof to a person or circumstance is held invalid,
that invalidity shall not affect any other phrase, clause, sentence,
or provision or application of this section, which can be given
effect without the invalid phrase, clause, sentence, or provision or
application and to this end the provisions of this section are
declared to be severable.