2009 California Penal Code - Section 8050-8052 :: Article 1. General Provisions

PENAL CODE
SECTION 8050-8052

8050.  This chapter shall be known and may be cited as the
Community-Based Punishment Act of 1994.

8051.  The Legislature hereby finds and declares as follows:
   (a) Community-based punishment programs require a partnership
between the state and local government to provide and expand the use
of intermediate sanctions for specifically targeted offender
populations.
   (b) Community-based programs must operate to punish offenders
while at the same time providing opportunities to change behavior.
   (c) Community-based punishment programs provide appropriate means
of managing select offenders but should not be viewed as the only
solution to prison overcrowding.
   (d) Community-based punishment programs target prison-bound and
jail-bound nonviolent offenders because this group poses the least
risk to the public and is the most amenable to the individualized
programming and services offered by community-based programs.
   (e) Community-based punishment programs emphasize reducing local
jail populations, thereby making jail space available for new
commitments, parole violators, and probation violators who are now
being sent to jail and nonviolent felons who have already been sent
to prison for short periods of time.
   (f) Community-based punishment programs must be financed from a
consistent, reliable, and separate funding source.
   (g) Community-based punishment programs should be expanded
incrementally with a variety of pilot approaches tested to determine
their effectiveness prior to expansion.
   (h) In order to effectively utilize available resources, to ensure
appropriate management of the local offender population, each county
utilizing community-based punishment programs must implement a
locally coordinated planning process.
   (i) Since successful community-based punishment programs are
dependent on the coordinated efforts of, and successful working
relationships between, state and local agencies, the Board of
Corrections is the logical state agency to coordinate community
punishment efforts because of its extensive experience with
collaborative state and local programs.

8052.  As used in this chapter, the following definitions shall
apply:
   (a) "Board" means the Board of Corrections, unless otherwise
indicated.
   (b) "Chief correctional administrator" means the sheriff, chief
probation officer, or director of the county department of
corrections, who is designated by the board of supervisors to have
administrative responsibility for county corrections operations and
programs, including a community-based punishment program.
   (c) "Community-based punishment" means a partnership between the
state and a county or a collaboration of counties to manage and
provide correctional services, especially those services considered
to be intermediate sanctions at the local level of government for
targeted, select offender populations pursuant to the community
corrections plan of a county or a collaboration of counties.
   (d) "Community-based punishment plan" means the proposal for a
community-based punishment program promulgated by a county or a
collaboration of counties that has been developed by the chief
correctional administrator, in cooperation with the district
attorney, public defender, and other concerned community
representatives designated by the board of supervisors, to address
correctional needs in that county or collaboration of counties.
   (e) "Intermediate sanctions" means punishment options and
sanctions other than simple incarceration in prison or jail or
traditional routine probation supervision. Intermediate sanctions may
be provided by correctional agencies directly or through
community-based public or private correctional service providers, and
include, but are not limited to, the following:
   (1) Short-term "shock" incarceration in either jail or prison, for
a period of not more than 60 days.
   (2) Incarceration in a "boot camp" facility.
   (3) Intensive supervision.
   (4) Home detention with electronic monitoring.
   (5) Mandatory community service.
   (6) Restorative justice programs such as mandatory victim
restitution and victim-offender reconciliation.
   (7) Work, training, or education in a furlough program pursuant to
Section 1208.
   (8) Work, in lieu of confinement, in a work release program
pursuant to Section 4024.2.
   (9) Day reporting.
   (10) Mandatory residential or nonresidential substance abuse
treatment programs established pursuant to Chapter 9.4 (commencing
with Section 6240) of Title 7.
   (11) Mandatory random drug testing.
   (12) Mother-infant care programs.
   (13) Community-based residential programs offering structure,
supervision, drug treatment, alcohol treatment, literacy programming,
employment counseling, psychological counseling, or any combination
of these and other interventions.
   (f) "Nonviolent offender" means a person who is not currently
charged with a violent crime, as defined in Section 667.5, does not
have a criminal record that includes a violent crime, meets the
National Institute of Corrections (NIC) Model Classification System
guidelines for classification as a nonviolent offender, and does not
pose a risk to the community, as determined by the correctional
administrator.


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