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
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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
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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