1170.06
. (a) Notwithstanding any other law, a sheriff or a county
director of corrections is authorized to offer a program under which
inmates as specified in subdivision (c), who are not precluded by
subdivision (d), and who have been committed to a county jail may be
allowed to participate in a voluntary alternative custody program as
defined in subdivision (b) in lieu of their confinement in a county
jail. Under this program, one day of participation is in lieu of one
day of incarceration in a county jail. Participants in the program
shall receive any sentence reduction credits that they would have
received had they served their sentence in a county jail, and are
subject to denial and loss of credit pursuant to subdivision (d) of
Section 4019. The sheriff or the county director of corrections may
enter into contracts with county agencies, not-for-profit
organizations, for-profit organizations, and others in order to
promote alternative custody placements.
(b) As used in this section, an alternative custody program shall
include, but is not limited to, the following:
(1) Confinement to a residential home during the hours designated
by the sheriff or the county director of corrections.
(2) Confinement to a residential drug or treatment program during
the hours designated by the county sheriff or the county director of
corrections.
(3) Confinement to a transitional care facility that offers
appropriate services.
(4) Confinement to a mental health clinic or hospital that offers
appropriate mental health services.
(c) Except as provided by subdivision (d), inmates sentenced to a
county jail for a determinate term of imprisonment pursuant to a
misdemeanor or a felony pursuant to subdivision (h) of Section 1170,
and only those persons, are eligible to participate in the
alternative custody program authorized by this section.
(d) An inmate committed to a county jail who meets any of the
following criteria is not eligible to participate in the alternative
custody program:
(1) The person was screened by the sheriff or the county director
of corrections using a validated risk assessment tool and determined
to pose a high risk to commit a violent offense.
(2) The person has a history, within the last 10 years, of escape
from a facility while under juvenile or adult custody, including, but
not limited to, any detention facility, camp, jail, or state prison
facility.
(3) The person has a current or prior conviction for an offense
that requires the person to register as a sex offender as provided in
Chapter 5.5. (commencing with Section 290) of Title 9 of Part 1.
(e) An alternative custody program may include the use of
electronic monitoring, global positioning system devices, or other
supervising devices for the purpose of helping to verify a
participant's compliance with the rules and regulations of the
program. The devices shall not be used to eavesdrop or record any
conversation, except a conversation between the participant and the
person supervising the participant, in which case the recording of
the conversation is to be used solely for the purposes of voice
identification.
(f) (1) In order to implement alternative custody for the
population specified in subdivision (c), the sheriff or the county
director of corrections shall create, and the participant shall agree
to and fully participate in, an individualized treatment and
rehabilitation plan. When available and appropriate for the
individualized treatment and rehabilitation plan, the sheriff or the
county director of corrections shall prioritize the use of
evidence-based programs and services that will aid in the participant'
s successful reentry into society while he or she takes part in
alternative custody. Case management services shall be provided to
support rehabilitation and to track the progress and individualized
treatment plan compliance of the inmate.
(2) For purposes of this section, "evidence-based practices" means
supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals under probation, parole, or postrelease community
supervision.
(g) The sheriff or the county director of corrections shall
prescribe reasonable rules to govern the operation of the alternative
custody program. Each participant shall be informed in writing that
he or she is required to comply with the rules of the program,
including, but not limited to, the following rules:
(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the sheriff or
his or her designee or the county director of corrections or his or
her designee.
(2) The participant shall be subject to search and seizure by a
peace officer at any time of the day or night, with or without cause.
In addition, the participant shall admit any peace officer
designated by the sheriff or his or her designee or the county
director of corrections or his or her designee into the participant's
residence at any time for purposes of verifying the participant's
compliance with the conditions of his or her detention. Prior to
participation in the alternative custody program, each participant
shall agree in writing to these terms and conditions.
(3) The sheriff or his or her designee, or the county director of
corrections or his or her designee, may immediately retake the
participant into custody to serve the balance of his or her sentence
if an electronic monitoring or supervising device is unable for any
reason to properly perform its function at the designated place of
detention, if the participant fails to remain within the place of
detention as stipulated in the agreement, or if the participant for
any other reason no longer meets the criteria under this section.
(h) Whenever a peace officer supervising a participant has
reasonable suspicion to believe that the participant is not complying
with the rules or conditions of the program, or that a required
electronic monitoring device is unable to function properly in the
designated place of confinement, the peace officer may, under general
or specific authorization of the sheriff or his or her designee, or
the county director of corrections or his or her designee, and
without a warrant of arrest, retake the participant into custody to
complete the remainder of the original sentence.
(i) This section shall not be construed to require a sheriff or
his or her designee, or a county director of corrections or his or
her designee, to allow an inmate to participate in this program if it
appears from the record that the inmate has not satisfactorily
complied with reasonable rules and regulations while in custody. An
inmate shall be eligible for participation in an alternative custody
program only if the sheriff or his or her designee or the county
director of corrections or his or her designee concludes that the
inmate meets the criteria for program participation established under
this section and that the inmate's participation is consistent with
any reasonable rules prescribed by the sheriff or the county director
of corrections.
(1) The rules and administrative policies of the program shall be
written and shall be given or made available to each participant upon
assignment to the alternative custody program.
(2) The sheriff or his or her designee or the county director of
corrections or his or her designee shall have the sole discretion
concerning whether to permit program participation as an alternative
to custody in a county jail. A risk and needs assessment shall be
completed on each inmate to assist in the determination of
eligibility for participation and the type of alternative custody.
(j) (1) The sheriff or his or her designee or the county director
of corrections or his or her designee shall permit program
participants to seek and retain employment in the community, attend
psychological counseling sessions or educational or vocational
training classes, participate in life skills or parenting training,
utilize substance abuse treatment services, or seek medical, mental
health, and dental assistance based upon the participant's
individualized treatment and release plan. Participation in other
rehabilitative services and programs may be approved by the case
manager if it is specified as a requirement of the inmate's
individualized treatment and rehabilitative case plan.
(2) Willful failure of the program participant to return to the
place of detention prior to the expiration of any period of time
during which he or she is authorized to be away from the place of
detention, unauthorized departures from the place of detention, or
tampering with or disabling, or attempting to tamper with or disable,
an electronic monitoring device is punishable pursuant to Section
4532 and shall additionally subject the participant to a return to
custody pursuant to subdivisions (g) and (h). In addition,
participants may be subject to forfeiture of credits pursuant to the
provisions of Section 4019, or to discipline for violation of rules
established by the sheriff or the county director of corrections.
(k) (1) Notwithstanding any other law, the sheriff or his or her
designee or the county director of corrections or his or her designee
shall provide the information specified in paragraph (2) regarding
participants in an alternative custody program to the law enforcement
agencies of the jurisdiction in which persons participating in an
alternative custody program reside.
(2) The information required by paragraph (1) shall consist of the
following:
(A) The participant's name, address, and date of birth.
(B) The offense committed by the participant.
(C) The period of time the participant will be subject to an
alternative custody program.
(3) The information received by a law enforcement agency pursuant
to this subdivision may be used for the purpose of monitoring the
impact of an alternative custody program on the community.
(l) It is the intent of the Legislature that the alternative
custody programs established under this section maintain the highest
public confidence, credibility, and public safety. In the furtherance
of these standards, the sheriff or the county director of
corrections may administer an alternative custody program pursuant to
written contracts with appropriate public agencies or entities to
provide specified program services. No public agency or entity
entering into a contract may itself employ any person who is in an
alternative custody program. The sheriff or the county director of
corrections shall determine the recidivism rate of each participant
in an alternative custody program.
(m) An inmate participating in this program shall voluntarily
agree to all of the provisions of the program in writing, including
that he or she may be returned to confinement at any time with or
without cause, and shall not be charged fees or costs for the
program.
(n) If a phrase, clause, sentence, or provision of this section or
application thereof to a person or circumstance is held invalid,
that invalidity shall not affect any other phrase, clause, sentence,
or provision or application of this section, which can be given
effect without the invalid phrase, clause, sentence, or provision or
application and to this end the provisions of this section are
declared to be severable.