SB 219 Page 1 Date of Hearing: August 19, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 219 (Liu) – As Amended July 9, 2015

Policy Committee: Public Safety Vote: 7 - 0

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill provides that an inmate's psychiatric or medical condition is not a basis for excluding an inmate from California Department of Corrections and Rehabilitation's (CDCR) voluntary Alternative Custody Program (ACP), and establishes timelines for the processing of applications to participate in the program. Specifically, this bill:

1) Provides that an inmate's existing psychiatric condition or medical condition that requires ongoing care is not a basis for excluding the inmate from the CDCR's voluntary alternative custody program.

2) Prescribes specific timelines for, among other things, notice to the inmate of the receipt of the application to participate in the alternative custody program, notice of the eligibility criteria of the program, and written notice to the inmate of his or her acceptance or denial into the program. If an applicant is found eligible for the program, an individualized treatment program is required to be developed in consultation with the inmate. If the inmate is denied participation in the program, the notice of denial is required to specify the reason the inmate was denied.

3) Requires CDCR to maintain a record of the application and notice of the denials of participation in the alternative custody program, and allows an inmate, after denial of an application, to reapply for participation in the program, or appeal the decision through normal grievance procedures.

4) Requires CDCR to assist individuals participating in the alternative custody program in obtaining health care coverage, including, but not limited to Medi-Cal benefits.

FISCAL EFFECT:

Increased administrative costs to CDCR in the $100,000 (GF) range to meet the specified timelines and process appeals.

COMMENTS:

1) Purpose. According to the author, "SB 219 clarifies and strengthens standards for administering ACP, which will result in the continued success and longevity of the program. ACP, while effective, has gone under-utilized. Since being implemented in 2011, 7,200 SB 219 Page 2 applications have been submitted, with only 460 offenders being approved to participate in the program. Of those 460 women, 90% have successfully completed the program. Offering inmates rehabilitative settings in the community represents a cost savings for California. ACP is a successful and thoughtfully designed program with a particular emphasis on rehabilitation and family reunification. Further, the program has served as a model for the state’s Enhanced Alternative Custody Program. This bill ensures that California continues to administer ACP in a fair and consistent manner, furthering ACP as a promising alternative to the incarceration of female offenders."

2) Background. Current law authorizes the Secretary of CDCR to offer a program under which female inmates, as specified, who have been committed to state prison may be allowed to participate in a voluntary ACP, 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 CDCR. The state is required to retain responsibility for the medical, dental, and mental health needs of individuals participating in an ACP.

Current law also requires the secretary of CDCR to prescribe reasonable rules and regulations under which the alternative custody program shall operate. Under this program, one day of participation is in lieu of one day of incarceration. Participants in the program receive any sentence reduction credits that they would have received had they served their sentence in the state prison, and are subject to denial and loss of credit, as specified.

Since ACP was implemented in September of 2011, approximately 7,200 applications have been submitted. Of those applications, only 460 offenders have been approved for Alternative Custody. Of those 460, ninety percent have successfully completed the program.

3) Argument in Support: The Ella Baker Center for Human Rights states, in support, indicates the ACP reunites incarcerated women-with their families by allowing them to serve the remainder of their sentences in a residential home, nonprofit residential treatment center, or transitional-care facility. The voluntary program allows women to be connected to their children, which greatly reduces the negative impact on children by keeping them out of the foster care system, and helps to end the cycle of incarceration that destroys families.

Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081