Local Assistance Programs

Local Assistance Program

The California Department of Corrections and Rehabilitation (CDCR), Division of Adult Parole Operations (DAPO), Local Assistance Program (LAP) is responsible for ensuring that the CDCR, DAPO reimburses local cities and counties who house State prisoners and parolees in a jail or other correctional facility 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.

Background

There are two California Penal Code Sections that allow the CDCR, DAPO, LAP to reimburse cities and counties when local law enforcement agencies house State prisoners and parolees pending revocation proceedings.

California Penal Code (PC) Section 2910 allows the CDCR to enter into agreements with a city, county, or city and county to house State inmates in a jail or other adult correctional facility with the consent of the sheriff or corresponding official having jurisdiction over the facility.

The CDCR currently has two agreements in place under PC 2910.

PC 4016.5 enacted July 1, 1975 requires that CDCR reimburse local cities and counties 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.

When an individual is arrested by a local law enforcement agency for a violation of law and identified as a California parolee, the CDCR, DAPO should be notified and given the opportunity to place a PC Section 3056 hold. The hold establishes that the parolee shall remain under the legal custody of 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 CDCR elect to continue the hold, the parolee is retained as "our hold only" (OHO) and becomes the financial responsibility of the CDCR, pending completion of the parole revocation process.

Reimbursement Process

The Daily Jail Rate Manual outlines the methodology for local cities and counties seeking reimbursement for the cost of detaining California parolees under California Penal Code Section 4016.5.

The reimbursement process is managed under the 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. CDCR reimburses counties for costs incurred for detaining state parolees on behalf of 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 DJR calculation.

PC 2910 and PC 4016.5 limits reimbursements to counties for costs incurred from detention to the same cost factors used by CDCR in determining the cost of prisoner care in State correctional facilities.

Daily Jail Rate Cap

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 CDCR's cost of custody and routine healthcare. The maximum DJR payable under the LAP is adjusted annually with the Governor's Budget Act and reflects any changes related to the CDCR's cost for custody and routine healthcare based on prior year actual expenses. The cap of $77.17 placed on DJR rates, as established by the Budget Act of 2007, remains in effect. Future revisions to the Budget Act will be applied as appropriate to the DJR proposals.