V C Section 14601.9 Home Detention Pilot Program

Home Detention Pilot Program

14601.9.  (a) (1) The district attorney of the County of Alameda, Fresno, Kern, Los Angeles, Merced, Orange, Placer, Riverside, Sacramento, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, or Santa Cruz, with the approval of the board of supervisors, may establish a pilot program for persons who plead guilty or no contest or who are found guilty of a violation of Section 14601, 14601.1, or 14601.3. The district attorney may conduct the program or contract with a private entity to conduct the program.

(2) A city located within the boundaries of a county listed in paragraph (1) may establish the pilot program in the city, if the city has a city attorney, the county district attorney has consented, pursuant to Section 41803.5 of the Government Code, to allow the city attorney to prosecute misdemeanors within the city, and the city council approves the establishment of the program. The city attorney may conduct the program or contract with a private entity to conduct the program.

(b) Subject to the approval of the court, a person who pleads guilty or no contest to a violation of, or is convicted of a violation of, Section 14601, 14601.1, or 14601.3 may enter into a written agreement with the district attorney of a county described in paragraph (1) of, or the city attorney of a city described in paragraph (2) of, subdivision (a). The prosecuting attorney for the case shall attest to the person’s suitability and eligibility for enrollment in the program by signing the plea and sentencing agreement. If the court determines that the particular case is appropriate for referral to the program described in this section, the judge may make an order directing the person to comply with the terms of the agreement. Participation in the program shall be in lieu of imposing a jail sentence under Section 14601, 14601.1, or 14601.3. The agreement shall require the person to complete all of the following elements within 60 days or within the term of the maximum jail sentence allowed under Section 14601, 14601.1, or 14601.3, whichever period is longer:

(1) A home detention program utilizing an electronic monitoring program and equipment that meets acceptable standards as described in Section 1203.016 of the Penal Code, for not less than the minimum jail sentence, and not more than the maximum jail sentence, provided under Section 14601, 14601.1, or 14601.3, as applicable. The electronic monitoring program described in this paragraph shall be provided under the auspices of the district attorney or city attorney, or his or her designee. The court may allow a person to attend school, work, or other specified activities while on electronic monitoring.

(2) One or more classes conducted by the district attorney or city attorney, or by a private entity under contract with the district attorney or city attorney. The class or classes, at a minimum, shall provide instruction on all of the following:

(A) The requirements imposed under Section 14601, 14601.1, or 14601.3, including, but not limited to, the penalties for violating those provisions.

(B) Available transportation alternatives for persons who do not have a valid driver’s license.

(C) The procedure for regaining the privilege to drive.

(c) No statement, or information procured from a statement, made by the person in connection with the determination of his or her eligibility for the program, and no statement, or information procured from a statement, made by the person, subsequent to the granting of the program or while participating in the program, and no information contained in any report made with respect thereto, and no statement or other information concerning the person’s participation in the program is admissible in any action or proceeding.

(d) The court may impose any fine allowed under Section 14601, 14601.1, or 14601.3 upon a person who is ordered to participate in the program.

(e) (1) The district attorney or city attorney may recover fees for the program from participants or may provide for recovery of fees from participants by a private entity operating the program under contract.

(2) The recoverable fees described in this subdivision shall be charged to the participant in accordance with a fee schedule that has been approved by the board of supervisors or city council, or the district attorney or city attorney, or a designee of the district attorney or city attorney. The fees charged for the program shall be modified or waived by the district attorney or city attorney, or his or her designee at any time based on the present or changing financial position of the participant. A person shall not be denied participation in the program due to that person’s inability to pay for the program.

(f) (1) On or before June 30, 2006, the district attorney of a county, and the city attorney of a city, that elects to participate in the program shall prepare and submit to the Legislature an interim report concerning the effectiveness of the program. The interim report shall include an audit that is organized by year of participation, identifies the number of persons that participated in the program, and provides sufficient information on each participant to enable a determination as to whether the participant was suitable and eligible for participation in the program.

(2) On or before December 31, 2007, the district attorney of a county, and the city attorney of a city, that elects to participate in the pilot program specified in subdivision (a) shall prepare and submit a report to the Legislature concerning that county’s or city’s participation in the program.

(g) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2008, deletes or extends that date.

Added and repealed Sec. 1, Ch. 594, Stats. 2004. Effective September 18, 2004. Repeal operative January 1, 2008.