Community-Based Punishment Act
West's Ann. Cal. Penal Code
§ 8052

Description: 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 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 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” means punishment options and sanctions other than simple incarceration in prison or jail or traditional routine probation supervision. Intermediate sanctions 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 days. (2) Incarceration in a “boot camp” facility. (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. (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, 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, and does not pose a risk to the community, as determined by the correctional administrator.

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