File #: 21-579    Name: SHC Application 2021
Type: General Agenda Item Status: Passed
File created: 6/28/2021 In control: Board of Supervisors
On agenda: 7/13/2021 Final action: 7/13/2021
Title: Approve the yearly update to the application, criteria and disqualifiers recommended by the Probation Department for the Supervised Home Confinement Program, as mandated by Penal Code ?1203.016(d)(1).
Attachments: 1. Board Report, 2. SHC Application 2021 English, 3. SHC Application 2021 Spanish, 4. Completed Board Order Item No. 45

Title

Approve the yearly update to the application, criteria and disqualifiers recommended by the Probation Department for the Supervised Home Confinement Program, as mandated by Penal Code §1203.016(d)(1).

 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors approve the yearly update to the application, criteria and disqualifiers recommended by the Probation Department for the Supervised Home Confinement Program, as mandated by Penal Code §1203.016(d)(1).

 

SUMMARY/ DISCUSSION:

The Monterey County Probation Department administers the Supervised Home Confinement (SHC) Program, which operates as a house arrest module to allow inmates sentenced to county jail to voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in county jail.  SHC provides a credible and safe level of supervision to participants, who are also monitored through the use of electric monitoring technology, which may include Global Positioning System (GPS) devices or other supervising devices for the purpose of helping to verify compliance with the rules and regulations of the home detention program.

 

This program allows participants to remain employed and attend rehabilitative programs and authorized activities while reducing the taxpayers’ burden from high costs associated with incarceration. 

 

The Probation Department utilizes criteria for admission and disqualification to assess participants’ suitability while ensuring that the safety of the community is not unduly compromised. 

 

Penal Code §1203.016(d)(1) requires that the rules and regulations and administrative policy of the SHC Program be reviewed and approved on an annual basis by the county’s Board of Supervisors and the Chief Probation Officer, as correctional administrator. 

 

In recent years, a series of legislative changes has altered Probation’s authority to collect fees from juvenile and adult offenders under its supervision for the recovery of reasonable costs of probation services. In particular, Assembly Bill 1869 of 2020 is repealing the authority to collect fees from adult offenders, effective July 1, 2021.

 

After review by the Probation Department, this update of SHC criteria is recommended to be approved without any substantial change to the existing criteria. However, in compliance with the upcoming mandates, all references to fees and payments have been removed from the SHC application.

 

A copy of the program application with criteria is on file with the Clerk of the Board.

 

OTHER AGENCY INVOLVEMENT:

The application has been approved by County Counsel as to compliance with legal requirements.

 

FINANCING:

There is no cost associated with the recommended action.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

This recommendation supports the Strategic Initiatives of Public Safety through compliance to Penal Code mandates and community safety through electronic monitoring supervision, and Economic Development as offenders can maintain employment while in the program.

 

X Economic Development

__Administration

__ Health & Human Services

__Infrastructure

X Public Safety

 

Prepared by: Marisa Fiori, Management Analyst III, ext. 1100                     

 

Approved by: Todd Keating, Chief Probation Officer, ext. 3913

 

Attachments:                     

SHC Application with criteria (English)

SHC Application with criteria (Spanish)