California 2009-2010 Regular Session Status: To Executive

AB 1369 — Inmates: electronic monitoring.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that the board of supervisors of any county may authorize the correctional administrator to offer a program under which minimum security inmates and low-risk offenders committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate in a home detention program. Existing law also provides that the board of supervisors of any county may, upon determination by the correctional administrator that conditions in a jail facility warrant the necessity of releasing sentenced misdemeanor inmates prior to them serving the full amount of a given sentence due to lack of jail space, offer a program under which specified inmates may be required to participate in an involuntary home detention program. This bill would provide that, until January 1, 2015, upon determination of the correctional administrator that conditions in a jail facility warrant the necessity of releasing inmates being held in lieu of bail, the board of supervisors of any county may authorize the correctional administrator to offer a program under which these inmates may be placed in an electronic monitoring program, as specified. The bill would provide separate authority for voluntary and involuntary electronic monitoring programs. The bill would establish criteria for inmates to be eligible for programs established pursuant to its provisions and would specify circumstances under which inmates may be placed in these programs. The bill would also provide that defendants arrested for a bailable offense who are without any other warrant and who meet certain criteria may apply, after 10 court days from the date of arraignment, for release on reduced bail if the defendant agrees to be placed in the voluntary electronic monitoring program and the court and correctional administrator determine that the defendant is eligible to participate in the electronic monitoring program. The bill would make it a misdemeanor for any inmate who is a participant in an electronic monitoring program to fail to comply with the prescribed rules and regulations. By creating a new crime, this bill would impose a state-mandated local program. The bill would specify, for persons pending disposition of charges, that electronic monitoring programs authorized pursuant to this bill include, but are not limited to, home detention programs, work furlough programs, and work release programs. The bill would make other conforming changes. Existing law provides for an administrative fee for specified work furlough and voluntary electronic home detention program participants. This bill would include participants in the voluntary electronic monitoring program for persons pending disposition of charges, and the existing voluntary home detention program, within the coverage of those administrative fee provisions, as specified. This bill would incorporate changes to Section 4532 of the Penal Code made by SB 1266, contingent on the prior enactment of that bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 4:30 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 55. Noes 19. Page 6795.)

  4. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 4. Noes 0.) (August 26).

  5. Joint Rule 62(a), file notice suspended. (Page 6624.)

  6. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  7. Action rescinded whereby the Assembly refused to concur in Senate amendments.

  8. (Ayes 40. Noes 24. Page 6576.)

  9. Assembly refused to concur in Senate amendments.

  10. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6562.)

  11. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  12. Read third time, passed, and to Assembly. (Ayes 25. Noes 9. Page 4782.)

  13. Read second time. To third reading.

  14. Read third time, amended. To second reading.

  15. Read second time. To third reading.

  16. Read third time, amended. To second reading.

  17. Read second time. To third reading.

  18. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  20. Read second time and amended. Re-referred to Com. on APPR.

  21. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 29).

  22. Re-referred to Com. on PUB. S.

  23. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  24. Read second time. To third reading.

  25. Read third time, amended. To second reading.

  26. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  27. In Senate. Held at Desk.

  28. Ordered returned to Senate.

  29. From inactive file.

  30. To inactive file on motion of Assembly Member Torrico.

  31. In Assembly. Concurrence in Senate amendments pending.

  32. Read third time, passed, and to Assembly. (Ayes 23. Noes 8. Page 2191.)

  33. Reconsideration granted. (Ayes 36. Noes 0. Page 2059.)

  34. Motion to reconsider made by Senator Ducheny.

  35. Read third time, passed, and to Assembly. (Ayes 27. Noes 8. Page 2059.)

  36. Read second time. To third reading.

  37. Withdrawn from committee. Ordered placed on second reading file.

  38. Read second time, amended, and re-referred to Com. on APPR.

  39. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 7).

  40. Referred to Com. on PUB. S.

  41. In Senate. Read first time. To Com. on RLS. for assignment.

  42. Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1681.)

  43. From Consent Calendar. To third reading.

  44. Read second time. To Consent Calendar.

  45. From committee: Do pass. To Consent Calendar. (May 13).

  46. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 28).

  47. Re-referred to Com. on PUB. S.

  48. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  49. Referred to Com. on PUB. S.

  50. Read first time.

  51. From printer. May be heard in committee March 30.

  52. Introduced. To print.

Sponsors

  • Davis · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Davis

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1369 DAVIS Concurrence in Senate Amendments

Passed 65 Yea · 21 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 611904
Republican 1200
Democratic 3000
Total 652104
% of votes cast 72%23%0%4%
How each member voted (90)
Member Party Vote
Hall — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Tom — Nay
Fletcher — Nay
Portantino — Nay
Audra — Nay
Fuller — Nay
Garrick — Nay
Huber — Nay
Adams — Nay
Anderson — Nay
Knight — Nay
Logue — Nay
Norby — Not Voting
Silva — Nay
Smyth — Nay
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Nay
Villines — Yea
Carter — Yea
Chesbro — Yea
Cook — Yea
Bill — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Charles — Yea
Hagman — Yea
Harkey — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Ammiano — Yea
Bass — Yea
Block — Yea
Coto — Yea
Huffman — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hernandez — Yea
Jeffries — Not Voting
Ma — Yea
Miller — Nay
Nava — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Not Voting
Eng — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Galgiani — Yea
Gilmore — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Senate amendments be concurred in.

Passed 4 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 4003
Total 4003
% of votes cast 57%0%0%43%
How each member voted (7)
Member Party Vote
Portantino — Not Voting
Hagman — Yea
Hill — Not Voting
Ammiano — Yea
Beall — Yea
Skinner — Yea
Gilmore — Not Voting

Official roll call →

AB 1369 DAVIS Concurrence in Senate Amendments

Failed 47 Yea · 27 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 4425015
Democratic 2001
Republican 1200
Total 4727016
% of votes cast 52%30%0%18%
How each member voted (90)
Member Party Vote
Yamada — Yea
Evans — Yea
Carter — Yea
Hagman — Yea
Hall — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
Beall — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Perez — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Conway — Nay
Fuller — Nay
De — Not Voting
La — Not Voting
Torre — Not Voting
Portantino — Not Voting
Cook — Not Voting
Furutani — Not Voting
Gilmore — Nay
Harkey — Nay
Hayashi — Not Voting
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Anderson — Nay
Bass — Not Voting
Norby — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Block — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Not Voting
Huffman — Yea
Mendoza — Not Voting
Nestande — Yea
Nielsen — Nay
Solorio — Yea
Torlakson — Yea
Torrico — Not Voting
John — Yea
A. — Yea
Eng — Not Voting
Feuer — Yea
DeVore — Nay
Fuentes — Not Voting
Galgiani — Yea
Garrick — Not Voting
Gatto — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1369 Davis By Wright

Passed 26 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 25804
Republican 0100
Democratic 1001
Total 26905
% of votes cast 65%23%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Cedillo — Yea
Corbett — Yea
Florez — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Not Voting
Hollingsworth — Nay
Huff — Not Voting
Leno — Yea
Liu — Yea
Alquist — Yea
Ashburn — Yea
Blakeslee — Nay
Ducheny — Yea
Dutton — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Yea
Kehoe — Yea
McLeod — Yea
Oropeza — Not Voting
Wiggins — Not Voting
Cogdill — Nay
Emmerson — Yea
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1369 Davis By Pavley

Passed 24 Yea · 8 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 23708
Democratic 1001
Republican 0100
Total 24809
% of votes cast 59%20%0%22%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Not Voting
Cogdill — Yea
Hancock — Not Voting
Harman — Yea
Hollingsworth — Nay
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cox — Nay
Ducheny — Not Voting
Kehoe — Yea
Leno — Yea
McLeod — Yea
Alquist — Yea
Benoit — Yea
Dutton — Not Voting
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Simitian — Not Voting
Aanestad — Nay
Ashburn — Nay
Huff — Yea
Liu — Yea
Maldonado — Yea
Steinberg — Yea
Wolk — Yea
Corbett — Yea
Correa — Not Voting
DeSaulnier — Yea
Denham — Nay
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1369 Davis By Pavley

Passed 28 Yea · 8 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 25805
Democratic 2000
Republican 1000
Total 28805
% of votes cast 68%20%0%12%
How each member voted (41)
Member Party Vote
Yee — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Benoit — Yea
Leno — Yea
McLeod — Yea
Pavley — Yea
Steinberg — Yea
Wiggins — Yea
Wright — Yea
Ducheny — Not Voting
Hollingsworth — Nay
Dutton — Nay
Romero — Not Voting
Aanestad — Nay
Ashburn — Nay
Harman — Yea
Kehoe — Yea
Liu — Not Voting
Maldonado — Yea
Oropeza — Not Voting
Price — Yea
Simitian — Yea
Walters — Nay
Wolk — Yea
Cedillo — Yea
Wyland — Nay
Corbett — Yea
Correa — Nay
Cox — Yea
DeSaulnier — Not Voting
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1369 Davis Reconsider

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34004
Democratic 2000
Republican 1000
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Florez — Yea
Cogdill — Yea
Corbett — Yea
Correa — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Leno — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Benoit — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Oropeza — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Kehoe — Yea
Liu — Not Voting
Maldonado — Yea
Price — Yea
Romero — Not Voting
Wyland — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1369 DAVIS Assembly Third Reading

Passed 91 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 5000
Republican 3000
Total 91001
% of votes cast 99%0%0%1%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Emmerson — Yea
Evans — Yea
Yamada — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Feuer — Yea
Fuller — Yea
Duvall — Yea
Furutani — Yea
Garrick — Not Voting
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Leon — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Hall — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Duvall — Yea
Nielsen — Yea
Solorio — Yea
Audra — Yea
Torlakson — Yea
Ammiano — Yea
Krekorian — Yea
Miller — Yea
Price — Yea
Skinner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 1369 do?
Existing law provides that the board of supervisors of any county may authorize the correctional administrator to offer a program under which minimum security inmates and low-risk offenders committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate in a home detention program. Existing law also provides that the board of supervisors of any county may, upon determination by the correctional administrator that conditions in a jail facility warrant the necessity of releasing sentenced misdemeanor inmates prior to them serving the full amount of a given sentence due to lack of jail space, offer a program under which specified inmates may be required to participate in an involuntary home detention program. This bill would provide that, until January 1, 2015, upon determination of the correctional administrator that conditions in a jail facility warrant the necessity of releasing inmates being held in lieu of bail, the board of supervisors of any county may authorize the correctional administrator to offer a program under which these inmates may be placed in an electronic monitoring program, as specified. The bill would provide separate authority for voluntary and involuntary electronic monitoring programs. The bill would establish criteria for inmates to be eligible for programs established pursuant to its provisions and would specify circumstances under which inmates may be placed in these programs. The bill would also provide that defendants arrested for a bailable offense who are without any other warrant and who meet certain criteria may apply, after 10 court days from the date of arraignment, for release on reduced bail if the defendant agrees to be placed in the voluntary electronic monitoring program and the court and correctional administrator determine that the defendant is eligible to participate in the electronic monitoring program. The bill would make it a misdemeanor for any inmate who is a participant in an electronic monitoring program to fail to comply with the prescribed rules and regulations. By creating a new crime, this bill would impose a state-mandated local program. The bill would specify, for persons pending disposition of charges, that electronic monitoring programs authorized pursuant to this bill include, but are not limited to, home detention programs, work furlough programs, and work release programs. The bill would make other conforming changes. Existing law provides for an administrative fee for specified work furlough and voluntary electronic home detention program participants. This bill would include participants in the voluntary electronic monitoring program for persons pending disposition of charges, and the existing voluntary home detention program, within the coverage of those administrative fee provisions, as specified. This bill would incorporate changes to Section 4532 of the Penal Code made by SB 1266, contingent on the prior enactment of that bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1369?
AB 1369 is sponsored by Davis.
What is the current status of AB 1369?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1369?
Track AB 1369 free on One Click Politics — get push/email alerts when it moves.

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