2009 California Penal Code - Section 1174-1174.9 :: Chapter 4.8. Pregnant And Parenting Women's Alternative Sentencing Program Act

PENAL CODE
SECTION 1174-1174.9

1174.  This chapter shall be known as the Pregnant and Parenting
Women's Alternative Sentencing Program Act.

1174.1.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Agency" means the private agency selected by the department
to operate this program.
   (b) "Construction" means the purchase, new construction,
reconstruction, remodeling, renovation, or replacement of facilities,
or a combination thereof.
   (c) "County" means each individual county as represented by the
county board of supervisors.
   (d) "Court" means the superior court sentencing the offender to
the custody of the department.
   (e) "Department" means the Department of Corrections.
   (f) "Facility" means the nonsecure physical buildings, rooms,
areas, and equipment.
   (g) "Program" means an intensive substance abusing pregnant and
parenting women's alternative sentencing program.

1174.2.  (a) Notwithstanding any other law, the unencumbered balance
of Item 5240-311-751 of Section 2 of the Budget Act of 1990 shall
revert to the unappropriated surplus of the 1990 Prison Construction
Fund. The sum of fifteen million dollars ($15,000,000) is hereby
appropriated to the Department of Corrections from the 1990 Prison
Construction Fund for site acquisition, site studies, environmental
studies, master planning, architectural programming, schematics,
preliminary plans, working drawings, construction, and long lead and
equipment items for the purpose of constructing facilities for
pregnant and parenting women's alternative sentencing programs. These
funds shall not be expended for any operating costs, including those
costs reimbursed by the department pursuant to subdivision (c) of
Section 1174.3. Funds not expended pursuant to this chapter shall be
used for planning, construction, renovation, or remodeling by, or
under the supervision of, the Department of Corrections, of
community-based facilities for programs designed to reduce drug use
and recidivism, including, but not limited to, restitution centers,
facilities for the incarceration and rehabilitation of drug
offenders, multipurpose correctional centers, and centers for
intensive programs for parolees. These funds shall not be expended
until legislation authorizing the establishment of these programs is
enacted. If the Legislature finds that the Department of Corrections
has made a good faith effort to site community-based facilities, but
funds designated for these community-based facilities are unexpended
as of January 1, 1998, the Legislature may appropriate these funds
for other Level I housing.
   (b) The Department of Corrections shall purchase, design,
construct, and renovate facilities in counties or multicounty areas
with a population of more than 450,000 people pursuant to this
chapter. The department shall target for selection, among other
counties, Los Angeles County, San Diego County, and a bay area,
central valley, and an inland empire county as determined by the
Director of Corrections. The department, in consultation with the
State Department of Alcohol and Drug Programs, shall design core
alcohol and drug treatment programs, with specific requirements and
standards. Residential facilities shall be licensed by the State
Department of Alcohol and Drug Programs in accordance with provisions
of the Health and Safety Code governing licensure of alcoholism or
drug abuse recovery or treatment facilities. Residential and
nonresidential programs shall be certified by the State Department of
Alcohol and Drug Programs as meeting its standards for perinatal
services. Funds shall be awarded to selected agency service providers
based upon all of the following criteria and procedures:
   (1) A demonstrated ability to provide comprehensive services to
pregnant women or women with children who are substance abusers
consistent with this chapter. Criteria shall include, but not be
limited to, each of the following:
   (A) The success records of the types of programs proposed based
upon standards for successful programs.
   (B) Expertise and actual experience of persons who will be in
charge of the proposed program.
   (C) Cost-effectiveness, including the costs per client served.
   (D) A demonstrated ability to implement a program as expeditiously
as possible.
   (E) An ability to accept referrals and participate in a process
with the probation department determining eligible candidates for the
program.
   (F) A demonstrated ability to seek and obtain supplemental funding
as required in support of the overall administration of this
facility from any county, state, or federal source that may serve to
support this program, including the State Department of Alcohol and
Drug Programs, the agency or agencies designated by the Director of
Finance pursuant to Section 13820, the State Department of Social
Services, the State Department of Mental Health, or any county public
health department. In addition, the agency shall also attempt to
secure other available funding from all county, state, or federal
sources for program implementation.
   (G) An ability to provide intensive supervision of the program
participants to ensure complete daily programming.
   (2) Staff from the department shall be available to selected
agencies for consultation and technical services in preparation and
implementation of the selected proposals.
   (3) The department shall consult with existing program operators
that are then currently delivering similar program services, the
State Department of Alcohol and Drug Programs, and others it may
identify in the development of the program.
   (4) Funds shall be made available by the department to the
agencies selected to administer the operation of this program.
   (5) Agencies shall demonstrate an ability to provide offenders a
continuing supportive network of outpatient drug treatment and other
services upon the women's completion of the program and reintegration
into the community.
   (6) The department may propose any variation of types and sizes of
facilities to carry out the purposes of this chapter.
   (7) The department shall secure all other available funding for
its eligible population from all county, state, or federal sources.
   (8) Each program proposal shall include a plan for the required
12-month residential program, plus a 12-month outpatient transitional
services program to be completed by participating women and
children.

1174.3.  (a) The department shall ensure that the facility designs
provide adequate space to carry out this chapter, including the
capability for nonsecure housing, programming, child care, food
services, treatment services, educational or vocational services,
intensive day treatment, and transitional living skills services.
   (b) The agency selected to operate the program shall administer
and operate the center and program consistent with the criteria set
forth in this chapter and any criteria established by the department.
These responsibilities shall include maintenance and compliance with
all laws, regulations, and health standards. The department shall
contract to reimburse the agency selected to operate this program for
women who would otherwise be sentenced to state prison based upon
actual costs not provided by other funding sources.
   (c) Notwithstanding any other law, Division 13 (commencing with
Section 21000) of the Public Resources Code shall not apply to any
facility used for multiperson residential use in the last five years,
including, but not limited to, motels, hotels, long-term care
facilities, apartment buildings, and rooming houses, or to any
project for which facilities intended to house no more than 75 women
and children are constructed or leased pursuant to this chapter.
   (d) Proposals submitted pursuant to this chapter are exempt from
approval and submittal of plans and specifications to the Joint
Legislative Committee on Prison Construction Operations and other
legislative fiscal committees.

1174.4.  (a) Persons eligible for participation in this alternative
sentencing program shall meet all of the following criteria:
   (1) Pregnant women with an established history of substance abuse,
or pregnant or parenting women with an established history of
substance abuse who have one or more children under six years old at
the time of entry into the program. For women with children, at least
one eligible child shall reside with the mother in the facility.
   (2) Never served a prior prison term for, nor been convicted in
the present proceeding of, committing or attempting to commit, any of
the following offenses:
   (A) Murder or voluntary manslaughter.
   (B) Mayhem.
   (C) Rape.
   (D) Kidnapping.
   (E) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.
   (F) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
   (G) Lewd acts on a child under 14 years of age, as defined in
Section 288.
   (H) Any felony punishable by death or imprisonment in the state
prison for life.
   (I) Any felony in which the defendant inflicts great bodily injury
on any person, other than an accomplice, that has been charged and
proved as provided for in Section 12022.53, 12022.7, or 12022.9, or
any felony in which the defendant uses a firearm, as provided in
Section 12022.5, 12022.53, or 12022.55, in which the use has been
charged and proved.
   (J) Robbery.
   (K) Any robbery perpetrated in an inhabited dwelling house or
trailer coach as defined in the Vehicle Code, or in the inhabited
portion of any other building, wherein it is charged and proved that
the defendant personally used a deadly or dangerous weapon, as
provided in subdivision (b) of Section 12022, in the commission of
that robbery.
   (L) Arson in violation of subdivision (a) of Section 451.
   (M) Sexual penetration in violation of subdivision (a) of Section
289 if the act is accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
   (N) Rape or sexual penetration in concert, in violation of Section
264.1.
   (O) Continual sexual abuse of a child in violation of Section
288.5.
   (P) Assault with intent to commit mayhem, rape, sodomy, oral
copulation, rape in concert with another, lascivious acts upon a
child, or sexual penetration.
   (Q) Assault with a deadly weapon or with force likely to produce
great bodily injury in violation of subdivision (a) of Section 245.
   (R) Any violent felony defined in Section 667.5.
   (S) A violation of Section 12022.
   (T) A violation of Section 12308.
   (U) Burglary of the first degree.
   (V) A violation of Section 11351, 11351.5, 11352, 11353, 11358,
11359, 11360, 11370.1, 11370.6, 11378, 11378.5, 11379, 11379.5,
11379.6, 11380, or 11383 of the Health and Safety Code.
   (3) Has not been sentenced to state prison for a term exceeding 36
months.
   (b) Prior to sentencing, if the court proposes to give
consideration to a placement, the court shall consider a written
evaluation by the probation department, which shall include the
following:
   (1) Whether the defendant is eligible for participation pursuant
to this section.
   (2) Whether participation by the defendant and her eligible
children is deemed to be in the best interests of the children.
   (3) Whether the defendant is amenable to treatment for substance
abuse and would benefit from participation in the program.
   (4) Whether the program is deemed to be in the best interests of
an eligible child of the defendant, as determined by a representative
of the appropriate child welfare services agency of the county if
the child is a dependent child of the juvenile court pursuant to
Section 300 of the Welfare and Institutions Code.
   (c) The district attorney shall make a recommendation to the court
as to whether or not the defendant would benefit from the program,
which the court shall consider in making its decision. If the court's
decision is without the concurrence of the district attorney, the
court shall specify its reasons in writing and enter them into the
record.
   (d) If the court determines that the defendant may benefit from
participation in this program, the court may impose a state prison
sentence with the recommendation that the defendant participate in
the program pursuant to this chapter. The court shall notify the
department within 48 hours of imposition of this sentence.
   (e) The Director of Corrections shall consider the court's
recommendation in making a determination on the inmate's placement in
the program.
   (f) Women accepted for the program by the Director of Corrections
shall be delivered by the county, pursuant to Section 1202a, to the
facility selected by the department. Before the director accepts a
woman for the program, the county shall provide to the director the
necessary information to determine her eligibility and appropriate
placement status. Priority for services and aftercare shall be given
to inmates who are incarcerated in a county, or adjacent to a county,
in which a program facility is located.
   (g) Prior to being admitted to the program, each participant shall
voluntarily sign an agreement specifying the terms and conditions of
participation in the program.
   (h) The department may refer inmates back to the sentencing court
if the department determines that an eligible inmate has not been
recommended for the program. The department shall refer the inmate to
the court by an evaluative report so stating the department's
assessment of eligibility, and requesting a recommendation by the
court.
   (i) Women who successfully complete the program, including the
minimum of one year of transition services under intensive parole
supervision, shall be discharged from parole. Women who do not
successfully complete the program shall be returned to the state
prison where they shall serve their original sentences. These persons
shall receive full credit against their original sentences for the
time served in the program, pursuant to Section 2933.

1174.5.  The department shall be responsible for the funding and
monitoring of the progress, activities, and performance of each
program.

1174.7.  The department shall report the status of this program to
the Legislature on or before January 1, 1996, and each year
thereafter.

1174.8.  (a) The department shall adopt regulations pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) to
implement this chapter.
   (b) Notwithstanding subdivision (a) and any other law, and except
as otherwise specifically provided in this chapter, until July 1,
1996, the Director of Corrections shall have the power to implement,
interpret, and make specific the changes made in this chapter by
issuing director's criteria. These criteria shall be exempt from the
requirements of Articles 5 (commencing with Section 11346) and 6
(commencing with Section 11349) of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code) and shall remain in effect until
July 1, 1996, unless terminated or replaced by, or readopted as,
emergency regulations pursuant to subdivision (c).
   (c) On or before July 1, 1995, the department shall file emergency
regulations to implement this chapter with the Office of
Administrative Law. These emergency regulations shall be considered
by the office as necessary for the immediate preservation of the
public peace, health and safety, or general welfare and shall remain
in effect until July 1, 1996, unless terminated or replaced by, or
readopted as, permanent regulations in compliance with Articles 5
(commencing with Section 11346) and 6 (commencing with Section 11349)
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) pursuant to subdivision (d).
   (d) The department shall file a certificate of compliance with the
Office of Administrative Law to adopt permanent regulations on or
before May 15, 1996.

1174.9.  A program facility administered by the Department of
Corrections pursuant to this chapter is exempt from the requirements
and provisions of Chapter 3.4 (commencing with Section 1596.70),
Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6
(commencing with Section 1597.30) of Division 2 of the Health and
Safety Code.


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