HomeMy WebLinkAboutMINUTES - 03152005 - C.105 w V
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CONTRA
TOO BOARD OF SUPERVISORS
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FROM: John Sweeten,County Administrator COUNTY
DATE. March 15, 2005
SUBJECT: Sponsor AB 543(Houston)
SPECIFIC REQUEST(S)-OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION
SPONSOR AB 543 (Houston) which would authorize the Contra Costa County Sheriff to provide educational
credit to jail inmates under specified terms and conditions.
BACKGROUNDAREASON[, S)FOR REC
The 2005 State Legislative Platform includes the following policy position:
Sponsor legislation to authorize the Sheriff to grant educational credits to inmates.
Assemblyman Guy Houston has introduced AB 543 on behalf of the County. The bill creates a pilot program in
Contra Costa County that allows the Sheriff to resume his longstanding practice of granting educational credits
to jail inmates-. one day reduction jail time for each 15 hours of successful participation in specified education
programs, with a maximum reduction of 30 days.
For many years, the Contra Costa County Sheriff offered education programs at the County's detention facilities,
in partnership with the County Office of Education. Programs ranged from basic education, including literacy
tutoring programs, to computer application training. All were designed to increase the inmates' ability to obtain
and retain employment, a critical element of our efforts to address criminal behavior and recidivism.
CONTINUED ON ATTACHMENT: 4 YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF 180 MMI I I EE
.APPROVE OTHER
SIGNATURE(S)-.
dQ"4
ACTION OF BOARD ON"Zf C LL CZ/k-, APPROVED AS RECOMMENDED HE�
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
K
UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN
AYES:' NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN!`- ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Sara HaflEman,336-1090 ATTESTED t?(0
cc: CAO JOHN SWEETEN,CLOF
Nielsen Merksamer THE BOARD OF SUPERVISORS
Sheriff-Coroner AND COUNTY ADMINISTRATOR
BYV__� 11 0 1 1 it/-DEPUTY
BACKGROUND/REASON[S)FOR RECONUKENDATION(contld)t
AB 543 restores and clarifies the Sheriff s authority to offer specified reductions in sentences for participation in
• education programs. This is a very important incentive for attendance in Contra Costa County's detention
facilities'education programs, as verified by the significant drop in attendance after discontinuance of the credits.
CALIFORNIA LEGISLATURE-2oo5--*6 REGULAR SESSION
ASSEMBLY BILL No. 543
Introduced by Assembly Member Houston
February 16,2005
An act to add and repeal Section 4019.1 of the Penal Code,relating
to the Contra Costa County jail.
LEGISLATIVE COUNSEL'S DIGEST
AB 543,as introduced,Houston. Contra Costa County jail: credits.
Under existing law, an im-nate confined in a county jail earns one
day of reduction in sentence for every 6 days of confinement, with
certain exceptions.
This bill would create a pilot program in Contra Costa County
whereby inmates in the county jail would have their sentences reduced
by one day for each 15 hours of actual and successful participation in
basic education programs, vocational education, life skills, and
substance abuse education and rehabilitation programs, up to a
maximum of 3 days each calendar month. Inmates would receive no
more than 30 days of reduction in sentence under the bill. The
program would be administered by the Sheriffof the County of Contra
Costa.The educational and other programming would be provided by
the Contra Costa County Office of Education. The bill would provide
that Contra Costa County may voluntarily participate in the program.
The bill would require the sheriff and the county office of education
to jointly prepare a report on the success of the pilot program and
submit it to the Legislature on or before July 15, 2008, and annually
thereafter. The provisions of the bill would be repealed as of January
1, 2010.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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AB 543 2—
The people of the State of California do enact as follows:
I SECTION 1. The Legislature finds and declares the
• 2 following:
3 (a) Current law authorizes vocational and rehabilitation
4 programs within county detention facilities as part of the effort to
5 address criminal behavior and inmate recidivism.
6 (b) Contra Costa County has conducted adult basic education,
7 high school,General Education Development(COED)preparation,
8 the Deciding,Educating,Understanding, Counseling,Evaluating
9 (DEUCE) program, computer application, and other classes at
10 their detention facilities in partnership with the Contra Costa
11 County Office of Education for over 20 years.
12 (c) Average daily attendance has dropped dramatically since
13 September 2003. For example, at the Martinez Detention
14 Facility, there has been a 52 percent to 62 percent reduction,
15 depending on the class or module. Contra Costa County's drop in
16 enrollment occurred after elimination of its long-standing
17 practice of issuing credits for participation in educational
18 programs.
19 (d) Lower average daily attendance puts the entire education
20 program at risk and could result in the elimination of volunteer
21 programs, but also availability of court-ordered programs, such
22 as DEUCE. Since inmates must stay at the facility until
23 completion of the DEUCE program, sentences would thereby
24 increase,contrary to judicial intent.
25 (e) In addition,participation by inmates in education programs
26 directly benefits the orderly management and operation of
27 detention facilities, because inmates who are productively using
28 their time and energies are less likely to exhibit behavioral
29 problems.
30 SEC. 2. Section 4019.1 is added to the Penal Code,to read:
31 4019.1. (a)There is hereby established a pilot program in the
32 County of Contra Costa, in which the county may voluntarily
33 participate, whereby im-nates, in the county jail shall have their
34 sentences reduced by one day for each 15 hours of actual and
35 successful participation in basic education programs, vocational
36 education, life skills, and substance abuse education and
37 rehabilitation programs, up to a maximum of three days each
38 calendar month. If the inmate completes the education program,
3 AB 543
1 earns a diploma, or passes the GED, the sentence shall be
2 reduced by 10 days for each of these accomplishments. The
3 program shall be administered by the Sheriff of the County of
4 Contra Costa. The educational and other programming shall be
5 provided by the Contra Costa County Office of Education.
6 (b) Inmates are limited to a total maximum sentence reduction
7 of 30 days under this section. Any sentence reduction under this
8 section is in addition to any reductions that an inmate may
9 receive on the basis of earned work and good time credits.
10 (c) Educational credits may not be awarded pursuant to this
11 section if doing so would violate a mandatory term of
12 confinement imposed by law or court order.
13 (d) In order for an inmate to receive a sentence reduction
14 pursuant to this section, he or she shall submit a written request
15 to the sheriff. The granting of educational credits is not
16 automatic.
17 (e) If an inmate is removed from an educational program
18 offered pursuant to this section, and thereby fails to meet
19 established performance and behavior standards, he or she shall
20 forfeit any educational credits earned to that date.
21 (f) The sheriff and the county office of education shall jointly
22 prepare a report on the success of the pilot program and submit it
23 to the Legislature on or before July 15, 2008, and annually
24 thereafter.
25 (g) This section shall remain in effect only until January 1,
26 2010, and as of that date is repealed, unless a later enacted
27 statute, that is enacted on or before January 1, 2010, deletes or
28 extends that date.
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