The Facts on SB 1266, Alternative Custody For Offenders

Senator Carol Liu

Principal Co-Author Assemblymember Lowenthal

Co-authors Senators Leno, Hancock, Negrete McLeod, and Pavley, and Assemblymembers Beall, Saldaña, Evans, Skinner, and Yamada

Alternative Custody for Female Offenders

The Problem
While over half of the men in prison were incarcerated for violent crimes, just 30% of women were convicted of violence. In fact, female inmates are more likely to be victims of violent crimes than to be the perpetrators. Four in 10 were physically or sexually abused before the age of 18 (LHC, 2004). Given this, it is not surprising that over two-thirds of women are classified as low risk (Level I or II) by the prison classification system (LHC, 2004).

However, women often are held in more secure environments than their custody classifications would warrant. Approximately 4,500 low-level women offenders who are currently incarcerated could be eligible for placement in secure, community-based programs without risking community safety (National Council on Crime and delinquency (NCCD), 2006). 

Background
Incarcerated women are not the only individuals negatively impacted by incarceration; families and communities have been devastated by women’s imprisonment. Approximately, 67% of incarcerated women are mothers (CRB, 2000) and many of them are single parents. NCCD estimates that in 2005 approximately 19,000 children had mothers who were incarcerated in California’s state facilities. Most of California’s incarcerated mothers are the primary caregivers of dependent children and hope to return home to their children. While the vast majority of children of incarcerated men continue to live with their mothers, children of incarcerated women are more likely to end up living with other relatives or in foster care (Powell & Nolan, 2003).

Visitation policies and the distance to prisons make it difficult for children to visit. Seventy-nine percent of incarcerated mothers in California never receive a visit during their incarceration (Powell & Nolan, 2003). Separating mothers from children has a substantial impact on their futures. Children of inmates are much more likely than their peers to become incarcerated. Research suggests that mothers who are able to maintain a relationship with their children are less likely to return to prison (WPA, 2009). To break the cycle of incarceration, California must adopt policies that facilitate parenting and family reunification.

Solution 
This bill authorizes the Secretary of CDCR to assign alternative custody arrangements to individuals on a voluntary basis that meet the following criteria:

§  No current or prior convictions of a violent, serious  or sex crime;

§  Determined by an assessment to be low risk; and

§  Women, pregnant inmates, and primary caregivers of dependent children.

Alternative Custody includes:

§  Confinement to a residential home.

§  Confinement to a residential drug or treatment program.

§  Confinement to a transitional care facility.

§  Use of electronic monitoring, GPS, or other supervising devices. 

Benefits
§  Lowers recidivism rates

§  Encourages community and family involvement

§  Fewer children in Child Welfare System

§  Reduces likelihood that inmate’s children will embark on a life of crime

Support
Chief Probation Officers, Little Hoover Commission, Fathers & Families, Commission on the Status of Women, Planned Parenthood, Crossroads Inc., Catholic Conference, Inc., CA Public Defenders, LA Dependency Lawyers, Friends Committee, Friends Outside, Attorneys for Criminal Justice, Drug Policy Alliance, Taxpayers for Improving Public Safety, CA Coalition for Women Prisoners, & Dawn Davison (former warden of CIW).

Opposition
Crime Victims United, CA District Attorneys Association