BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 109
Author: Assembly Budget Committee
Amended: 3/14/11 in Senate
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
SENATE BUDGET & FISCAL REVIEW COMMITTEE : 11-5, 3/16/11
AYES: Leno, Alquist, DeSaulnier, Evans, Liu, Lowenthal,
Rubio, Simitian, Wright, Hancock, Wolk
NOES: Huff, Emmerson, Fuller, Anderson, La Malfa
SUBJECT : Budget Act of 2011: Public safety realignment
SOURCE : Author
DIGEST : This bill makes statutory changes that are
necessary to implement provisions of the Budget Bill
related to realignment of certain low level offenders,
adult parolees, and juvenile offenders from state to local
jurisdiction.
Senate Floor Amendments of 3/14/11 delete intent language
and inserts language constituting the bill relative to the
realignment of specified low level offenders.
ANALYSIS : This bill is related to the realignment of
certain low level offenders, adult parolees, and juvenile
offenders from state to local jurisdictions. It contains
provisions necessary to implement the 2011-12 budget,
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including these key changes:
1. Local Custody for Specified Felony Convictions .
Existing law provides that a felony is a crime that is
punishable by death or imprisonment in state prison.
This bill revises this definition of a felony to
include certain crimes that are punishable in jail for
more than one year. Further, this bill amends Penal
Code section18 to provide that every offense declared
to be a felony where the punishment does not specify
imprisonment, as enumerated, shall be punishable
pursuant to a new subdivision in Penal Code section
1170, concerning determinate sentencing. That new
subdivision (Penal Code section 1170(h)) provides that
a felony shall be punishable in county jail for the
term applicable under current law - either 16 months,
two or three years, or for the term otherwise provided
in the underlying criminal statute - except in the
following categorical cases, in which case, an
executed sentence for a felony shall be served in
state prison:
Where the defendant has a prior or
current felony conviction for a serious felony
(as described in section 1192.7(c)) or violent
felony (as described in section 667.5(c));
Where the defendant is required to
register as a sex offender, as specified; or
Where the defendant has a current
conviction for specified crimes exempted from
these provisions.
1. Electronic Monitoring Options for Jail Inmates .
Provides expanded authority to county correctional
administrators to use home detention electronic
monitoring programs to supervise jail inmates,
including those that would be realigned to local
jurisdiction under this bill and those being held in
lieu of bail. Provides that an escape or escape
attempt made by an inmate on a home detention
electronic monitoring program is a felony offense.
2. Local Partnership Plan . Existing law establishes
local Community Corrections Partnerships in each
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county with membership primarily comprised of
officials from various law enforcement and service
provider agencies. This bill requires the Community
Corrections Partnerships in each county to recommend
to its county board of supervisors a plan for how to
implement the 2011 public safety realignment. The
bill further establishes an executive committee
comprised of specified members of the partnership for
purposes of developing the plan which may include
recommendations to maximize the effective investment
in evidence-based correctional sanctions and programs.
3. Ability to Contract for State Prison Beds. Permits
counties to contract with the California Department of
Corrections and Rehabilitation for purpose of housing
felony offenders.
4. Credits. Provides that jail inmates can earn up to
two days of credits toward their sentence for every
four days served based on good behavior, consistent
with credit levels for prison inmates.
5. Maintains State Parole for Specified Offenders.
Continues to require state parole supervision for
those offenders already released from state prison and
on state parole at the time the bill takes effect.
For these offenders who would otherwise qualify for
post-release supervision under this bill, provides for
discharge from parole based on criteria similar to
that provided for those offenders placed on
post-release supervision under this bill. Further
requires state parole supervision for offenders
released from state prison whose current conviction is
for a serious or violent offense, those who are third
strikers, and those who are High Risk Sex Offenders.
For those offenders released to state parole after the
effective date of this bill, the terms of their parole
supervision are unchanged from current law, except for
some sex offenders, the parole period is increased by
six months.
6. Post-Release Supervision - Realignment of Certain
Adult Parolees. Requires that after July 1, 2011, all
offenders released from prison who do not have current
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convictions for serious or violent felonies, who are
not third strikers, and who are not High Risk Sex
Offenders will be subject to post-release supervision
by counties rather than subject to state parole
supervision. The county agency responsible for
post-release supervision is to be determined by the
county boards of supervisors. The bill states that
post-release supervision shall be consistent with
evidence-based practices demonstrated to reduce
recidivism. The bill further sets terms and
conditions for offenders on post-release supervision
and provides the agency responsible for post-release
supervision with the authority to determine additional
terms and conditions, as well as determine appropriate
incentives, treatment and services, and graduated
sanctions. Offenders would be on post-release
supervision for up to three years with earlier
discharge allowed if recommended by the supervising
agency and approved by the court, including following
six consecutive months without a violation of the
terms and conditions of post-release supervision.
7. Revocation Decisions by Courts. Requires that for
all offenders subject to state parole or post-release
supervision who commit a violation of the terms and
conditions of parole or post-release supervision after
this bill goes into effect be subject to revocation
decisions by the courts. For those offenders who
commit a parole violation and are awaiting a
revocation proceeding prior to this bill taking
effect, they will continue to be subject to revocation
by the Board of Parole Hearings. In addition to
revocation, courts are authorized to modify terms and
conditions, add additional terms and conditions, and
terminate supervision of those under its jurisdiction
based on violations.
8. Revocation Terms Served in Jails. Requires
revocation time for parolees and those on post-release
supervision, except for those offenders who served
life terms in prison, to be served in county jails
rather than state prison. These offenders can be
revoked for up to twelve months, though the bill
encourages the use of flash incarceration. Offenders
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who served life terms in state prison will continue to
be returned to state prison to serve any revocation
terms of longer than 30 days.
9. Contracting for State Juvenile Justice Beds.
Authorizes counties to enter into contracts with the
state to provide for the admission of juvenile
offenders to the Division of Juvenile Justice (DJJ).
Only those counties that enter into contracts with the
state may send juvenile offenders to DJJ. Only those
juvenile offenders adjudicated for crimes for which
they could currently be sent to state DJJ facilities
would be eligible to come to DJJ under this bill.
10. Operative Date of July 1, 2011. The changes in
this bill shall be applied prospectively beginning
July 1, 2011.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
RJG:nl 3/17/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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