BILL ANALYSIS Ó
AB 109
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 109 (Budget Committee)
As Amended March 17, 2011
Majority vote
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|ASSEMBLY: | |(February 22, |SENATE: |24-16|(March 17, |
| | |2011) | | |2011) |
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(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
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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
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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