Kern County Municipal Code Ch. 2.77 Correctional Administrator

A. The board of supervisors finds and determines that on April 4, 2011, Governor Brown signed Assembly Bill (AB) 109, the Public Safety Realignment Act.

B. AB 109 as well as subsequent amending and companion legislation fundamentally altered the criminal justice system by changing the definition of a felony, and shifting supervision for low level offenders from state prisons to county based housing and supervision.

C. In connection with the supervision of these former state prison inmates, AB 109 and California Penal Code sections 1203.016 and 1203.018 (as amended) provide authority to the board of supervisors to designate the county "correctional administrator."

D. The chief probation officer was designated as the "correctional administrator" on November 22, 1994, based on penal codes established at that time. This designation allowed the chief probation officer to operate the sole home detention and electronic monitoring program in Kern County.

E. On August 2, 2011, the chief probation officer was designated as the "correctional administrator" concerning all matters related to AB 109 as recommended to the board of supervisors by the Community Corrections Partnership (CCP) Executive Committee which was established as a result of AB 109.

F. The County of Kern 2011 Public Safety Realignment Act Implementation Plan approved by the board of supervisors on October 25, 2011, established the sheriff as the correctional administrator of its own home detention and electronic monitoring program pursuant to California Penal Code sections 1203.016 and 1203.018 (as amended).

G. The probation department agreed to bifurcate the correctional administrator responsibility because the sheriff must be designated as the correctional administrator in order to administer its own program as provided in the Penal Code.

H. Kern County recognizes the urgent need to maximize county jail capacity by utilizing alternatives to incarceration due to the increased amounts of locally sentenced offenders.

(Ord. No. G-8258, § 3, 3-13-12)

It is the purpose and intent of this chapter to distinguish and fulfill obligations established under AB 109 Realignment by designating two (2) correctional administrators with separate and distinct areas of responsibility for the immediate preservation and protection of the public safety, health, and welfare of Kern County residents.

The Kern County Sheriff shall be designated as "correctional administrator" of the county's jails, inmates, and programs established for confined inmates pursuant to Penal Code sections 1203.016 and 1203.018 (as amended). The Kern County Chief Probation Officer shall be designated as "correctional administrator" of the county's population related to juvenile wards and adults under probation department supervision, pursuant to Penal Code sections 1203.016, 1210.7 and 3450 (as amended).

As designated by the board of supervisors, the sheriff's department shall have all the powers, duties and functions established for the county jails and inmates, and the probation department shall have all the powers, duties and functions established for the county's population related to juvenile wards and adults under probation department supervision.

(Ord. No. G-8258, § 3, 3-13-12)

A. The sheriff, as "correctional administrator-sheriff" of the county jails and inmates, may offer a voluntary or involuntary home detention or electronic monitoring programs pursuant to statute and this article for inmates committed to the county jail, or other adult county correctional facility, or individuals participating in a work furlough program, during their sentence in lieu of confinement in the county jail or other adult county correctional facilities managed by the sheriff's department.

B. Subject to applicable statutory limitations and in accordance with the County Ordinance Code and policies governing procurement of contract services, the sheriff's department may administer a home detention program with appropriate public or private agencies or entities to provide specified program services set forth in Penal Code Section 1203.016 (as amended).

(Ord. No. G-8258, § 3, 3-13-12)

A. The correctional administrator-sheriff of the county jails and inmates, may offer an electronic monitoring program to inmates being held in lieu of bail in a county jail or other adult county correctional facility managed by the sheriff's department, pursuant to all applicable statutory limitations.

B. Subject to applicable statutory limitations and in accordance with the County Ordinance Code and policies governing procurement of contract services, the sheriff's department may administer an electronic monitoring program with appropriate public or private agencies or entities to provide specified program services set forth in Penal Code Section 1203.018 (as amended).

(Ord. No. G-8258, § 3, 3-13-12)

A. The chief probation officer, as "correctional administrator-probation" of the county's population related to juvenile wards and adults under probation department supervision, pursuant to all applicable statutory requirements, may offer a voluntary or involuntary home detention program for persons granted probation under the auspices of the probation department.

B. The chief probation officer may use home detention with electronic monitoring or GPS monitoring as community-based punishment pursuant to all applicable statutory requirements for criminal or noncompliant offender activity by post release offenders.

C. The chief probation officer may utilize electronic monitoring for offenders on probation and mandatory supervision pursuant to all applicable statutory requirements.

D. Subject to the applicable statutory limitations and in accordance with the County Ordinance Code and policies governing procurement of contract services, the probation department may administer a home detention program with appropriate public or private agencies or entities to provide specified program services set forth in Penal Code Section 1203.016 (as amended).

(Ord. No. G-8258, § 3, 3-13-12)