BILL ANALYSIS Ó AB 109 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 109 (Budget Committee) As Amended March 17, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: | |(February 22, |SENATE: |24-16|(March 17, | | | |2011) | | |2011) | ----------------------------------------------------------------- (vote not relevant) SUMMARY : This is the 2011 Public Safety Realignment bill containing necessary statutory and technical changes to implement changes to the Budget Act of 2011. The Senate amendments delete the Assembly version of this bill, and instead: 1)Expand the authority of local correctional administrators to use alternative custody methods and establishes day for day credit for offenders serving time in a jail facility. 2)Make various changes to the Post-Release Supervision statutes as follows: a) Specify the population to be released onto post-release supervision (non-violent/serious, no third strike conviction, no high risk sex offenders); b) Require the Local Corrections Community partnership to create an implementation plan for post release supervision of offenders and establishes an executive committee within the partnership to make recommendations to county board of supervisors; c) Require the county board of supervisors to designate a county agency to be responsible for post-release supervision; d) Require notification by the California Department of Corrections and Rehabilitation (CDCR) to counties regarding who is being released into post release supervision; e) Require offenders to enter into a post-release community supervision agreement, which includes terms and conditions; AB 109 Page 2 f) Require the court to establish a process to determine violations of conditions of post-release supervision and revocations; and, g) Set parameters for one time offenders to be on post-release supervision and provides authority for release. 1)Make various changes to State Parole statutes as follows: a) Specify who remains on state parole (violent/serious conviction, third strike conviction, high risk sex offenders); b) Specify that only lifers can be returned to state prison for a parole violation; c) Specify CDCR's jurisdiction over all offenders currently on parole; and, d) Add the courts as the authority for determining revocations. 1)Make various changes to Low Level Offender statutes as follows: a) Redefine a felony to include imprisonment in a county jail for more than a year; b) Change all enumerated penalty code sections to include the phrase "pursuant to subdivision (h) of Penal Code Section (PC) 1170;" c) Amend PC Section 1170 to include (h), which provides 16 months, two, or three years if the punishment is specified to be served in county jail unless the person has a prior violent, serious, or sex offense (in which case they serve time in state prison); and, d) Provide that counties can contract with the state to house felony offenders. 1)Stop state intake and allows local agencies to contract with CDCR for housing juvenile offenders. AB 109 Page 3 2)Stipulate that this act will become operative only upon creation of a community corrections grant program and upon an appropriation to fund the grant program. AS PASSED BY THE ASSEMBLY , this bill expressed the intent of the Legislature to enact statutory changes relating to the 2011 Budget Act. Analysis Prepared by : Joe Stephenshaw / BUDGET / (916) 319-2099 FN: 0000087