San Diego County Municipal Code Art. LXIII Public Safety Realignment of 2011

*Editor's note--Article LXIII, Public Safety Realignment of 2011, consisting of §§ 945—953, added by Ord. No. 10168 (N.S.), adopted 9-27-11, effective 10-1-11.

(a) There is in the County a Community Corrections Partnership, hereinafter in this Article referred to as Partnership, and its Executive Committee, hereinafter in this Article referred to as Committee, as established by Part 2, Title 8, Chapter 3 of the Penal Code (section 1228, et seq.).

(b) The Committee shall consist of:

(1) The chief probation officer of the county as chair,

(2) A chief of police,

(3) The Sheriff,

(4) The District Attorney,

(5) The Public Defender,

(6) The presiding judge of the superior court, or his or her designee, and

(7) The Director of the Health and Human Services Agency as designated by the Board of Supervisors on August 2, 2011 for purposes related to the development and presentation of the plan.

(Added by Ord. No. 10168 (N.S.), effective 10-1-11)

(a) The Partnership shall develop and present a local plan to the Board of Supervisors for the implementation of the 2011 public safety realignment.

(b) The plan shall be voted on by the Committee prior to recommendation to the Board of Supervisors.

(c) In accordance with subdivision (d) of Section 1230.1 the plan may include recommendations to maximize the effective investment of criminal justice resources in evidence-based correctional sanctions and programs, including, but not limited to, day reporting centers, drug courts, residential multiservice centers, mental health treatment programs, electronic and GPS monitoring programs, victim restitution programs, counseling programs, community service programs, educational programs, and work training programs.

(Added by Ord. No. 10168 (N.S.), effective 10-1-11)

As designated by the Board of Supervisors on August 2, 2011, the Probation Department shall have all the powers, duties and functions established for postrelease offender (PRO) supervision by the laws of the County and by the State, including but not limited to this Article and Part 3, Title 2.05 of the Penal Code.

(Added by Ord. No. 10168 (N.S.), effective 10-1-11)

The Auditor and Controller shall establish and administer the County Local Revenue Fund 2011 as designated by the Board of Supervisors on August 2, 2011, pursuant to Assembly Bill 118.

(Added by Ord. No. 10168 (N.S.), effective 10-1-11)

(a) The Sheriff, as correctional administrator of the county jails and inmates, may offer a voluntary or involuntary home detention program pursuant to section 1203.016 of the Penal Code and this Article for inmates committed to a county jail or other county correctional facility or inmates participating in a work furlough program, during their sentence in lieu of confinement in the county jail or other county correctional facility.

(b) Subject to the limitations set forth in Penal Code section 1203.016 and in accordance with the County laws and policies governing procurement of contract services, the Sheriff may administer a home detention program with appropriate public or private agencies or entities to provide specified program services.

(c) The Sheriff, as correctional administrator of the county jails and inmates, may offer an involuntary home detention program pursuant to Penal Code section 1203.017 and this Article.

(d) Subject to the limitations set forth in Penal Code section 1203.017 and in accordance with the County laws and policies governing procurement of contract services, the Sheriff may administer a home detention program with appropriate public or private agencies or entities to provide specified program services.

(Added by Ord. No. 10168 (N.S.), effective 10-1-11; amended by Ord. No. 10221 (N.S.), effective 9-25-12)

(a) The Sheriff, as correctional administrator 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 county correctional facility pursuant to California Penal Code section 1203.018 and this Article.

(b) Subject to the limitations set forth in Penal Code section 1203.018 and in accordance with the County laws and policies governing procurement of contract services, the Sheriff may administer an electronic monitoring program with appropriate public or private agencies or entities to provide specified program services.

(Added by Ord. No. 10168 (N.S.), effective 10-1-11)

(a) The Chief Probation Officer, as correctional administrator of the County's probation and post release supervision programs, may offer a voluntary or involuntary home detention program pursuant to California Penal Code Section 1203.016 and this Article for persons granted probation under the auspices of the probation officer.

(b) The Chief Probation Officer may use home detention with electronic monitoring or GPS monitoring as community-based punishment under Penal Code section 3450 for criminal or noncompliant offender activity by postrelease offenders.

(Added by Ord. No. 10168 (N.S.), effective 10-1-11)

Pursuant to Part 2, Title 8, Chapter 1.4 of the Penal Code (section 1210.7, et seq.), the Probation Department may utilize continuous electronic monitoring to electronically monitor the whereabouts of persons on probation. The Chief Probation Officer shall have the sole discretion, consistent with the terms and conditions of probation, to decide which persons shall be supervised using continuous electronic monitoring administered by the County Probation Department for a term not to exceed the period of probation.

(Added by Ord. No. 10168 (N.S.), effective 10-1-11)

(Added by Ord. No. 10168 (N.S.), effective 10-1-11; amended by Ord. No. 10212 (N.S.), effective 6-19-12; amended by Ord. No. 10213 (N.S.), effective 7-26-12; amended by Ord. No. 10221 (N.S.), effective 9-25-12; amended by Ord. No. 10489 (N.S.), effective 7-27-17; amended by Ord. No. 10669 (N.S.), effective 5-19-20; amended by Ord. No. 10672 (N.S.), effective 6-2-20; repealed by Ord. No. 10736 (N.S.), effective 7-29-21)

(a) The Sheriff is designated as a work furlough administrator for the limited purpose of placing inmates in work furlough programs pursuant to Penal Code 1208.

(b) The Chief Probation Officer is designated as a work furlough administrator pursuant to Penal Code 1208, and is authorized to perform all functions of the work furlough administrator pursuant to Penal Code 1208 and other provisions of law.

(c) The facility operated by Correctional Alternatives, Inc. at 551 South 35th Street, San Diego, California, 92113 is designated as a work furlough facility.

(d) The Chief Probation Officer is designated as the custodian of all work furlough facilities. He or she may operate the work furlough facilities or administer the work furlough facilities pursuant to written contracts with appropriate public or private agencies or private entities.

(Added by Ord. No. 10230 (N.S.), effective 11-29-12)