Bill Number: ABX1 99

Description: BILL NUMBER: ABX1 99 CHAPTERED 09/27/94 BILL TEXT CHAPTER 41 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 1994 APPROVED BY GOVERNOR SEPTEMBER 25, 1994 PASSED THE ASSEMBLY AUGUST 31, 1994 PASSED THE SENATE AUGUST 30, 1994 AMENDED IN SENATE AUGUST 25, 1994 AMENDED IN SENATE AUGUST 10, 1994 AMENDED IN SENATE AUGUST 9, 1994 AMENDED IN SENATE JUNE 15, 1994 AMENDED IN ASSEMBLY APRIL 21, 1994 AMENDED IN ASSEMBLY MARCH 17, 1994 INTRODUCED BY Assembly Member Rainey (Principal coauthor: Senator Presley) (Coauthor: Assembly Members Connolly, Isenberg, and Umberg) FEBRUARY 24, 1994 An act to amend the heading of Title 9 (commencing with Section 8000) of Part 3 of, to add a chapter heading to Title 9 (commencing with Section 8000) of Part 3 of, and to add Chapter 2 (commencing with Section 8050) to Title 9 of Part 3 of, the Penal Code, relating to corrections. LEGISLATIVE COUNSEL'S DIGEST AB 99, Rainey. Corrections: punishment options. Existing law provides for the establishment and operation of community correctional centers by the Department of Corrections, and requires certain notice to local governments prior to a change in capacity or use of a center. This bill would create the Community-Based Punishment Act of 1994 for the purpose of establishing community-based punishment programs based on a partnership between state and local governments in order to expand the use of intermediate sanctions for certain specified offender populations. The bill would provide that its provisions shall be administered by the Board of Corrections in conjunction with a county or a collaboration of counties electing to operate a community-based punishment program, as defined. The bill would also provide that its implementation is contingent upon the availability of funding from legislative appropriations or certain other sources, including revenue generated by the programs. This bill would specify that its provisions are severable. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares the following: (a) California's criminal justice system is seriously out of balance in its heavy dependence upon prison facilities and jails for punishment and its lack of appropriate punishment for nonviolent offenders and substance abusers who could be successfully treated in appropriate, less restrictive programs without any increase in danger to the public. There appears to be a rather broad consensus of opinion that crime occurs in communities, that the vast majority of offenders are handled in communities on probation and parole, and that almost all of those who are incarcerated in jails or prisons return to their communities after incarceration. It is clear that crime and its remedy is in large part a community responsibility. It is also increasingly clear that punishment options other than incarceration and traditional probation need to be considered. New approaches are necessary to change criminal behavior, reduce drug dependency, and to help produce useful law-abiding citizens. The use of sanctions between incarceration and traditional probation, referred to as "intermediate sanctions," needs to be expanded. These sanctions are tougher than conventional probation, but less restrictive and less costly than conventional imprisonment. Community-based punishment options as provided for in this act are intended as a partnership in which state and local efforts come together to provide and expand a full range of traditional and intermediate sanctions. Community-based punishment options are less reliant on incarceration. They place emphasis on attempting to reintegrate offenders and arrestees into their communities, stress decentralization over centralization, encourage variation from community to community, based on local needs, and are developed in cooperation with representatives of the community. Thirteen other states have community corrections acts currently in place under which the state and local governments cooperate in providing a range of punishments for offenders at the local level. (b) The California Blue Ribbon Commission on Inmate Population Management, in its January 1990 report, concluded that in sentencing decisions, judges lack sufficient intermediate sanctions, punishment options, and treatment programs between routine probation and local or state incarceration. Parole authorities likewise lack sufficient intermediate sanctions when making decisions on parole services and punishment for parole violators. The commission also concluded that state and local corrections must be viewed as a system in developing corrections policy. The corrections system is presently lacking in sufficient integrated strategies to manage prison, jail, probation, and parole populations. (c) It is essential that California develop new and diverse punishments and sanctions for offenders without compromising public safety. Community involvement in treatment and programming of inmates is not only appropriate, it is also a community responsibility, since crime originates within the community and more than 95 percent of all felons eventually return to the community. Further, citizen involvement at the community level also is critical to the successful development and implementation of community-based punishment programs. SEC. 2. The heading of Title 9 (commencing with Section 8000) of Part 3 of the Penal Code is amended to read: TITLE 9. PUNISHMENT OPTIONS SEC. 3. A chapter heading is added to Title 9 (commencing with Section 8000) of Part 3 of the Penal Code immediately preceding Section 8000 thereof, to read: CHAPTER 1. PROGRAMS WITH SPECIAL FOCUS ON SUBSTANCE ABUSE SEC. 4. Chapter 2 (commencing with Section 8050) is added to Title 9 of Part 3 of the Penal Code, to read: CHAPTER 2. COMMUNITY-BASED PUNISHMENT ACT Article 1. General Provisions 8050. This chapter shall be known and may be cited as the Community-Based Punishment Act of 1994. 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 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. 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 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. Article 2. State Administration 8060. This chapter shall be administered by the board. The board shall be responsible for ensuring that the policies and activities undertaken by state or local governmental units, or other organizations, in furtherance of the purposes of this chapter, are consistent with those purposes. 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, 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. Article 3. Community-Based Punishment Plan 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 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, 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. Article 4. Funding 8090. Implementation of this chapter pursuant to Section 8060 is contingent upon the availability of funding. Funding for community-based punishment programs shall be administered by the board from funds appropriated by the Legislature. In addition to state funds appropriated in the annual Budget Act or other legislation, programs may be funded from a variety of sources, including, but not limited to, the following: (a) Federal funds for community-based punishment programs. (b) Private or corporate grants, or both. (c) Service and administrative fees that may be charged to offenders who participate in community corrections programs, provided that no offender shall be denied entrance into a community-based punishment program solely for inability to pay fees. (d) Income derived from community development corporations established as part of community-based punishment programs of a county or collaboration of counties, including, but not limited to, revenue generated by businesses owned and operated by community-based punishment programs, or by offender work programs, or by both, after the cost of operating and administering the business or work program has been paid. (e) Other sources as may be identified as suitable for funding community corrections. It is the intent of the Legislature that community corrections reduce the number of offenders who would be incarcerated in the state prison in the absence of a community-based punishment approach. 8091. (a) From the amount of money appropriated for purposes of this chapter to the board, the board shall allocate block grants to counties or collaborations of counties that have passed a community corrections resolution, have applied for funding, and have complied with the administrative process as prescribed by the board. (b) Each county or collaboration of counties shall maintain a complete and accurate accounting of all funds received pursuant to this section. These funds shall be used only for community-based punishment programs as authorized by this chapter and shall be used only as permitted by the regulations and guidelines established by the board. (c) Unexpended funds provided to counties shall be returned to the board and may be reallocated by the board. 8092. The board, in collaboration with its member and constituent agencies and departments, shall seek startup funding for community-based punishment planning and programming from public and private sources commencing as soon as practicable. 8093. The board shall monitor the expenditures and funds of participating counties and collaborations of counties to determine whether the funds are being expended in accordance with all the requirements of this chapter. If the board finds that a participating county or collaboration of counties is not acting in accordance with all of the requirements of this chapter, it shall notify the county or collaboration of counties regarding the points of noncompliance, and the county or collaboration of counties shall have 60 days to explain or justify its actions in writing to the board. If the explanation is not satisfactory or if the point of noncompliance cannot be promptly cured in the opinion of the board, the board may issue a notice of noncompliance and may suspend payment of the funds to be allocated to the county or collaboration of counties under this chapter. SEC. 5. If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

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