Daily Jail Rate Manual – Local Assistance Program
The Daily Jail Rate Manual outlines the methodology for local jurisdictions seeking reimbursement for the cost of detaining California parolees pursuant to California Penal Code Section 4016.5.
When an individual is arrested by a local jurisdiction for a violation of law and identified as a California parolee, the California Department of Corrections and Rehabilitation (CDCR) should be notified and given the opportunity to place a Penal Code (PC) Section 3056 hold. The hold establishes that the parolee shall remain under the legal custody of the CDCR and subject at any time to return to State custody. Once the parolee is cleared of local charges and becomes eligible for release by the local jurisdiction, should the CDCR elect to continue the hold, the parolee is retained as "our hold only" (OHO) and becomes the financial responsibility of the CDCR.
The PC 4016.5 was enacted in July 1, 1975 to relieve cities and counties of the cost of detaining state parolees. PC 4016.5 requires that the CDCR reimburse local jurisdictions for costs incurred as a result of state prisoner and parolee detention, and parole revocation proceedings, when the detention and/or proceedings relate to violations of conditions of parole and not new criminal charges.
The OHO reimbursement process is managed under the Local Assistance Program (LAP), which provides for the temporary detention of parole violators in city and county jails (hereinafter referred to as counties) while awaiting parole revocation proceedings. The CDCR reimburses counties for costs incurred for detaining state parolees on behalf of the CDCR or the Board of Parole Hearings, and also for the use of local facilities and staff to conduct parole revocation proceedings. These costs are incorporated into a daily jail rate (DJR) or parole revocation hearing rate (PRHR), as appropriate, that is unique to each location and based on the counties' actual expenses from prior fiscal years, such as salaries and benefits, services and supplies, overhead and routine medical costs incurred while detaining parolees. Non-routine medical costs for specialized healthcare provided to parolees while in custody require direct billing by the county and must be removed from the DJR calculation. PC 4016.5 limits reimbursements to counties for costs incurred from detention to the same cost factors used by the CDCR in determining the cost of prisoner care in state correctional facilities.
The 2005 Governor’s Budget Act eliminated the $59 per day cap for the DJR and, instead, authorized the Department of Finance (DOF) to approve a new rate cap that is calculated annually to reflect prior year changes to the CDCR’s cost of custody and routine healthcare. The revised maximum DJR for fiscal year (FY) 2007/08 is $77.17 per inmate, per day. The new reimbursement rate takes effect with the 2007 Budget Act and shall apply to detention services provided during FY 2007/08. All reimbursements for services provided prior to July 1, 2007, will be subject to the maximum DJR authorized by the Budget Act for the applicable period.
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