Inmates: alternative custody.

Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to offer a program under which female inmates who are committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison. Existing law defines an alternative custody program to include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers appropriate services. Existing law provides that female inmates sentenced to determinate sentences shall be eligible for participation in the program, subject to certain disqualifying criteria. This bill would provide that an existing psychiatric or medical condition that requires ongoing care is not a basis for excluding an inmate from eligibility for the program. The bill would provide more specific timeframes for participation in the alternative custody program. The bill would require the Secretary of the Department of Corrections and Rehabilitation or his or her designee to respond to an applicant within two weeks of his or her application to inform the inmate that the application was received, and to notify the inmate of any exclusionary criteria and case-by-case criteria. The bill would require an individualized treatment and rehabilitation plan to be developed during the two weeks following the notice of receipt of the application, in consultation with the inmate, during which time the decision of whether to accept the inmate into the program would be made, and during which time the secretary or his or her designee would provide a written notice to the inmate of acceptance or denial of participation in the program. The bill would require an inmate to be released to the program no later than 5 business days following notice of acceptance into the program. The bill would require a notice of denial to explain the reasons the inmate has been denied participation in the program. The bill would require the secretary or his or her designee to keep a record of the application and notice of denial for participation. The bill would authorize an inmate to, 30 days after the notice of denial, reapply for participation in the program.