A. 
The Sheriff is authorized to offer a home detention program which minimum security inmates and criminal offenders committed to the County Jail or other County correctional facility may voluntarily participate, in lieu of confinement in the County Jail or other County correctional facility.
B. 
Both the Sheriff and the Chief Probation Officer are authorized to offer a pretrial release supervision program which minimum security inmates and criminal offenders may voluntarily participate, in lieu of confinement in the County Jail or other County correctional facility.
(SCC 1091 § 1, 1997; SCC 1518 § 1, 2012; SCC 1618 § 23, 2018; SCC 1649 § 1, 2019; SCC 1680 § 1, 2021)
A. 
The Sheriff, or designee, shall have the discretionary authority to permit participation in a home detention or pretrial release supervision program as an alternative to physical custody; provided, however, that the Sheriff, or designee, shall not consider a prisoner's ability or inability to pay all or a portion of the program fee for purposes of granting or denying participation, assigning a person to, or removing a person from, the home detention program or pretrial release supervision program.
B. 
To participate in the home detention program or pretrial release supervision program, an adult who is sentenced to the County Jail or other County correctional facility shall live in the Sacramento County area or its surrounding counties. A continuing student may be eligible for the home detention program or pretrial release supervision program as determined by the Sheriff or designee on a case-by-case basis. In determining eligibility for the home detention program or pretrial release supervision program, the Sheriff or designee may consider the following factors as well as others: the crime for which the person has been arrested or sentenced to, his or her criminal history, his or her residential history, his or her employment history, his or her failure to appear history, his or her disciplinary history in either a County facility or State facility, and his or her stability in the community.
C. 
The Sheriff, or designee, shall be authorized to return a participant in the home detention program or pretrial release supervision program to custody for nonpayment and/or delinquent payment of the fees authorized by Section 2.90.420; provided that a participant's removal from either program for nonpayment and/or delinquent payment of those fees, is not due to his or her inability to pay. As a condition for participation in the home detention program or pretrial release supervision program, the Sheriff, or designee, may require a participant to agree in writing that he or she may be returned to custody for nonpayment and/or delinquent payment of fees for reasons other than an inability to pay. Prior to returning a home detention participant or pretrial release supervision program participant to custody for nonpayment and/or delinquent payment of those fees, the Sheriff or designee shall interview the participant to determine his or her current ability to pay said fees.
D. 
The Sheriff or designee shall have the sole discretion to return a participant in the home detention program or pretrial release supervision program to custody if the participant has failed to comply with the rules relating to either program. A home detention program participant, returned to custody for a rule violation, is subject to a loss of good time credits.
E. 
The Chief Probation Officer, or designee, shall have the authority to recommend to the Court participation in the pretrial release program as an alternative to physical custody.
F. 
Individuals ordered by the Court to participate in the pretrial release program will be monitored by the Probation Department.
G. 
The Chief Probation Officer, or designee, shall have the sole discretion to return a participant in the pretrial release program to custody if the participant has failed to comply with the rules relating to the Court ordered pretrial release program.
(SCC 1091 § 2, 1997; SCC 1518 § 1, 2012; SCC 1618 § 24, 2018; SCC 1649 § 1, 2019)
A. 
The Board of Supervisors hereby determines that an application fee in the sum of $130 chargeable to each participant in either program is necessary to defray costs to the County resulting from the application process. In addition, the Board of Supervisors determines that $49 per day is a reasonable administrative fee to be charged each participant of either program, and that fee, together with the application fee, does not exceed the pro rata cost of either program, including equipment, supervision and other operating costs. Such fees may be increased or decreased by the Board of Supervisors, by resolution, from time to time after the Board considers those factors affecting the fees such as increases in County employee salaries, costs of supervision, costs of equipment and other operating costs.
B. 
There are no fees associated for individuals participating in the Court ordered pretrial release program.
(SCC 1091 § 3, 1997; SCC 1518 § 1, 2012; SCC 1649 § 1, 2019)
A. 
The Sheriff, or designee, shall collect all moneys chargeable to the home detention participant or pretrial release supervision participant and shall transmit those moneys on a monthly basis to the County Treasurer for deposit into the general fund.
B. 
The Sheriff, or designee, may charge a person participating in either program the fee established by the Board of Supervisors pursuant to Section 2.90.420 or any portion thereof and may determine the method and frequency of payment. Any fee or portion thereof shall be based on the participant's ability to pay. The Sheriff, or designee, may waive the fees when deemed necessary, justified, or in the interests of justice. At any time a participant in either program may request that the Sheriff, or designee, modify or suspend the payment of the fees on the grounds of a change of circumstances with regard to the participant's ability to pay. The fees charged may be modified or waived by the Sheriff or designee during the participant's participation in the home detention program or pretrial release supervision program; provided, however, that such modification or waiver is based upon a determination that there has been a change in the participant's ability to pay.
(SCC 1091 § 3, 1997; SCC 1518 § 1, 2012; SCC 1618 § 25, 2018)
A. 
Within 90 days of the effective date of the ordinance codified in this chapter, the Sheriff and Chief Probation Officer shall submit, for review and approval by the Board of Supervisors, administrative policies governing the operation of the home detention program and pretrial release supervision program. The administrative policies shall include, but not be limited to, criteria for participation in the programs, procedures and criteria for determining a participant's ability to pay the fees authorized by Section 2.90.420, procedures for challenging any decision to deny, or remove, a participant from the home detention program or pretrial release supervision program, and procedures for resolving any dispute relating to a participant's ability to pay, the amount to be paid, the method of payment or the frequency of payment of those fees authorized by Section 2.90.420.
B. 
No later than January 1, 2020 the Chief Probation Officer shall submit to the Board of Supervisor the administrative policy governing the pretrial release program operated by Probation. Such policy shall provide guidance on the same criteria found in the Sheriff's policies and listed in subsection A above.
(SCC 1091 § 4, 1997; SCC 1518 § 1, 2012; SCC 1649 § 1, 2019)