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
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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



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