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HomeMy WebLinkAboutMINUTES - 07101990 - 1.7 (2) TO: BOARD OF SUPERVISORS ��`s Contra CostaFROM: 'l - ';• Phil Batchelor, County Administrator x� ....: County ty DATE: July 5, 1990 UU_srA cocry, SUBJECT: LEGISLATION: SB 2 315 (Lockyer) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Adopt a position in SUPPORT of SB 2315 by Senator Lockyer which would allow counties to establish intensive supervision programs as an alternative to prison, to be paid for from savings in the prison system as a result of the use of this alternative. BACKGROUND: Existing law provides as a sentencing option for convicted felons that the felon be placed on probation with court-ordered conditions of probation, if the individual is eligible for probation, or else sentenced to a term of imprisonment in the state prison. Senator Lockyer has introduced SB 2315 which, as amended May 14, 1990 makes a number of findings regarding the condition of overcrowding in the state' s prisons and the cost of relieving that overcrowding over the next several years. ,-Affiong these findings are the fact that the number of inmates in state prison for drug-related crimes increased from 2,000 in 1980 to 20,000 in 1990, that 800 of state prison inmates have a substance abuse problems but that only 100 of them receive substance abuse treatment, that there are inadequate treatment slots for individuals with serious substance abuse problems and that insufficient prevention efforts, intermediate sanctions and =programs for those incarcerated exist. Intensive supervision is one of these alternatives. CONTINUED ON ATTACHMENTY- t-S YES SIGNATURE: 01 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON July 10 , 1990 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Please see Page 3 . ATTESTED D PHIL B CHELOR,KERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY DEPUTY -2- The bill defines "Intensive correctional supervision" as a program of highly structured and closely supervised probation, parole, or both, which emphasizes appropriate interventions, including, but not limited to, treatment- of substance abuse, education, counseling, employment development and payment of restitution to crime victims. The bill authorizes counties to establish an intensive correctional supervision program for eligible probationers. The program may start on or after July 1, 1991 and must be in operation no later than January 1, 1992. The, Department of Corrections is required to establish an intensive correctional supervision program for eligible parolees. Each intensive supervision program must include the following: * Intensive supervision teams, consisting of at least two officers, who shall supervise no more than 40 offenders at one time. * Close supervision and observation of offenders being supervised, including, but not limited to at least two face-to-face contacts with an officer each week, frequent chemical testing where the use of alcohol or drugs has been prohibited as a condition of participating in the program, weekly contact with the offender' s employer, educational institution, treatment program or counselor. * Inpatient and outpatient treatment programs for alcohol and drug abuse which shall be ordered when appropriate and made available as needed for any offender with substance abuse problems. * Job training, placement, education programs, which shall be mandatory for any offender who is not employed full time or is not a full time student and is medically capable of participating in the program. * A requirement that each offender be occupied at least eight hours each day, six days each week, with employment, education, a job search, community service, counseling, treatment or a combination of these activities except where this is not possible because of health constraints. * A case management approach utilizing a community corrections team consisting of appropriate representatives of parole or probation, local law enforcement, substance abuse counseling and treatment, mental health, employment development and education. The intensive correctional supervision program may also include any or all of the following: - House arrest - Electronic monitoring - Community service - Victim restitution The bill spells out the criteria for selecting probationers and parolees who are eligible for and not eligible for such intensive supervision programs. Funding for the program is contingent on the Budget Act providing an appropriation establishing the Intensive Probation Supervision Account, from which account the Department of Corrections would provide funds to counties for the purpose of establishing such programs. The intent of the Legislature is that funds be redirected from paying for the cost of incarceration in state I J' -3- prison to paying for the cost of intensive supervision programs. The bill provides procedures for applying for funds from the program. SB 2315 appears to be consistent with the Board of Supervisors' War on Drugs. The County Probation Officer also supports SB 2315 and has recommended that the Board be asked to support the bill. it is, therefore, recommended that the Board of Supervisors indicate its support for SB 2315. SB 2315 passed the Senate Judiciary Committee April 17, 1990 by a vote of 9: 1. The bill passed the Senate Appropriations Committee June 7, 1990 by a vote of 10: 0 and the full Senate on June 12, 1990 by a vote of 31: 4. The bill is currently on referral to the Assembly Public Safety Committee where it is scheduled to be heard on July 3, 1990. cc: Senator Lockyer County Administrator District Attorney Sheriff-Coroner Public Defender County Probation Officer Health Services Director Alcohol Program Administrator Drug Program Administrator Les Spahnn, SRJ. Jackson, Barish & Associates