BILL ANALYSIS Ó
AB 117
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CONCURRENCE IN SENATE AMENDMENTS
AB 117 (Budget Committee)
As Amended June 28, 2011
Majority vote. Budget Bill Appropriation Takes Effect Immediately
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|ASSEMBLY: | |(February 22, |SENATE: |24-14|(June 28, |
| | |2011) | | |2011) |
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(vote not relevant)
SUMMARY : Makes statutory changes necessary to implement the Public
Safety Realignment portions of the 2011-12 budget by making
additional substantive and technical changes relevant to AB 109
(Budget Committee), Chapter 15, Statutes of 2011, pertaining to the
realignment of certain low level felony offenders, and adult
parolees from state to local jurisdiction.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Amend one Health and Safety Code section and various Penal Code
sections to avoid conflict with the following initiatives:
a) California Proposition 21 passed in 2000 it increased a
variety of criminal penalties for crimes committed by youth and
incorporated many youth offenders into the adult criminal
justice system;
b) California Proposition 69 passed in 2004 it allows for the
collection of DNA samples from all felons and from people who
have been arrested for certain crimes;
c) California Proposition 6 passed in 1998. The law puts
horses (including ponies), donkeys, and mules under the same
pet classification as dogs and cats, thus making it a felony
for any person in the state to possess, transfer, receive, or
hold any such animal with the intent to kill it, or have it
killed, where the person knows, or should have known, that any
part of the carcass will be used for human consumption. An
additional provision makes it a misdemeanor to sell horseflesh
within the state as meat intended for human consumption. The
law further allows for anyone previously convicted of selling
horsemeat to be charged with a felony in any future
prosecutions for the same offense; and,
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d) California Proposition 83 passed in 2006 (also known as the
Sexual Predator Punishment and Control Act: Jessica's Law or
simply, Jessica's Law).
2)Make technical reference change to Penal Code Section 3000.09
related to offenders that will continue to be supervised on state
parole (serious, violent, third strike, and high risk sex
offenders).
3)Remove an inadvertent drafting error by restoring "petty with a
prior" penalties applicable to registered sex offenders and
persons with violent or serious felony priors as enacted in AB
1844 (Fletcher), Chapter 219, Statutes of 2010.
4)Appropriate in addition to the amounts appropriated in the Budget
Act of 2011, $27 million to California Department of Corrections
and Rehabilitation (CDCR) for the purpose of state operations in
the 2011-2012 fiscal year.
5)Delay the operative date of AB 109 from July 1, 2011 to October 1,
2011, a change reflected in numerous sections.
6)Delay the operative date of AB 109 for when courts shall assume
specified jurisdiction concerning felons subject to post-prison
supervision from July 1, 2011 to July 1, 2013.
7)Exclude the following crimes from the provisions of AB 109
concerning felonies subject to imprisonment in county jail, and
thus provide that executed sentences for these felonies shall be
served in state prison:
a) Penal Code Section 290.018 (violation of sex offender
register laws);
b) Penal Code Section 422 (criminal threats; see Penal Code
Section 1192.7(c)(38));
c) Penal Code Section 12021.5(b) (relating to firearm/street
gang crime);
d) Penal Code Section 12022.5 (personal use of a firearm in
commission of a felony; see Penal Code Section 1192.7(c)(8));
e) Penal Code Section 12022(b)(1) (use of deadly/dangerous
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weapon during a felony);
f) Penal Code Section 12022(b)(2) (armed with firearm in
commission of a felony, carjacking prior);
g) Penal Code Section 12022.9 (enhancement for committing or
attempting felony where injury occurs to pregnant woman
resulting in termination of pregnancy);
h) Penal Code Section 12025(b)(3) (carrying concealed weapon
within any vehicle);
i) Vehicle Code Section 23109 (speed contest with prior --
proximate causes serious bodily injury);
j) Vehicle Code Section 23110(b) (throwing specified materials
at vehicles with intent to do great bodily injury);
aa) Penal Code Section 273.4 (specified child injury felony);
bb) Penal Code Section 600(d) (relating to inflicting great
bodily injury on a peace officer);
cc) Penal Code Section 245(a)(1) (assault - personal use of a
deadly weapon);
dd) Penal Code Section 455 (relating to arson);
ee) Penal Code Section 11418(b) or 11418(c) per Penal Code
Section 667.5(c)(23) (pertaining generally to weapons of mass
destruction); and,
ff) Penal Code Section 11418(d) (pathogen development for
criminal purpose).
1)Provide that the local plan recommended to the county board of
supervisors for the implementation of the 2011 public safety
realignment shall be voted on by the executive committee
designated in this section, and to revise the composition of the
executive committee of each county's Community Corrections
Partnership ("CCP") to provide that the chief probation officer of
the county is the chair; to include the county's district
attorney, public defender and, as designated by the county board
of supervisors, the head of the county department of social
services, mental health or alcohol and substance abuse programs,
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and the presiding judge of the superior court or his or her
designee, and to remove from the CCP executive committee a county
supervisor or the chief administrative officer for the county and
the head of the county department of social services. With these
changes the executive committee of each county's CCP would be:
chief probation officer (chair); a chief of police; the sheriff;
the district attorney; the public defender; the presiding judge or
his or her designee; and, a county department head, as identified
above. This bill also provide that the plan shall be deemed
accepted by the board of supervisors unless it is rejected by a
vote of four-fifths of the board, in which case the plan goes back
to the CCP for further consideration.
2)Make technical corrections to conform change AB 109 authority for
correctional administrations to use home detention electronic
monitoring programs to supervise jail inmates.
3)Make various changes to sentencing provisions of AB 109,
including:
a) Penal Code Section 1170 (f), as amended by AB 109, is
amended to delete the cross-references to Penal Code Section
3000 and 3057 (pertaining to parole for determinately sentenced
inmates);
b) Penal Code Section 1170 as amended by AB 109, which
specifies that defendants with a prior or current conviction
for a serious, violent or sex offense shall serve an executed
sentence for a felony in state prison, is amended to expressly
state that any allegation that a defendant is eligible for
state prison due to a prior or current conviction, sentence
enhancement, or is required to register as a sex offender shall
not be subject to dismissal pursuant to Section 1385, as
specified;
c) Penal Code Section 1170(h), which was enacted by AB 109 to
specify which felonies shall be punishable by a term of
imprisonment in county jail, is amended to provide that a
judge, when imposing a sentence pursuant to this section, may
order the defendant to serve a term in a county jail for a
period not to exceed the maximum possible term of confinement
or may impose a sentence that includes a period of county jail
time and a period of mandatory probation not to exceed the
maximum possible sentence;
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d) Penal Code Section 667.5(b) as amended by AB 109, is amended
to clarify the application of felony enhancements for prior
prison terms, as specified; and,
e) Penal Code Section 800 pertaining to the statute of
limitations is amended to delete the reference in the current
statute to state prison, thereby maintaining the existing
application of this limitations period.
1)Clarify that whenever a court imposes a term of imprisonment in
the state prison, whether the term is a principal or subordinate
term, the aggregate term shall be served in the state prison, as
specified.
2)Make various changes related to parolees, including:
a) Penal Code Section 3056 is amended to clarify the legal
custody over parolees under the supervision of the CDCR when
housed in county facilities, limit the jail sanction for
revoked parolees subject to this section to a maximum of 180
days, and provide that certain paroled inmates (lifers) may be
returned to prison by the Board of Parole Hearings until July
1, 2012, and by the courts thereafter, as specified;
b) Penal Code Section 2932 concerning loss of credits is
amended to include technical conforming language relating to
its application to locally-confined persons, as specified;
c) Penal Code Section 3000 pertaining to parole is amended to
conform existing codified legislative intent language to AB 109
and clarify the parole authority, as specified;
d) Penal Code Section 3451 is amended to provide that persons
released from prison for any crime where the person is required
as a condition of parole to undergo treatment by the Department
of Mental Health shall not be subject to community supervision
provided by a county agency;
e) Penal Code Section 3454 as enacted by AB 109, concerning a
locally-established review process for post-release
supervision, is amended to include in that assessment the
offender's risk of recidivism, and to further describe
intermediate sanctions, including flash incarceration and
reentry courts, as specified; and,
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f) Penal Code Section 3000.09 as enacted by AB 109 concerning
parolees released from state prison prior to July 1, 2011, is
amended to clarify that these parolees who are being held in
county jail for a parole violation on October 1, 2011, upon
revocation, may be remanded to the state prison and that, upon
completion of their revocation term, be subject to post-prison
supervision as provided by AB 109 as revised by these
amendments.
1)Clarify, revises and specifies the role of the courts concerning
persons subject to supervision following a term of imprisonment in
state service, as follows:
a) Authorizes the courts to appoint hearing officers, with
specified eligibility criteria, to conduct parole revocation
hearings, determine violations of conditions of post release
supervision, and to perform related duties, as specified;
b) Amends AB 109 provisions relating to persons released from
prison who shall remain subject to CDCR supervision during
their period of post-prison supervision, to defer for two years
the involvement of the court with respect to jurisdiction over
these persons for purposes relating to parole revocation and
imposition of a term of custody (until July 1, 2013), and to
include among those persons who will be subject to parole
supervision by CDCR persons who have been released for any
crime where they are required to undergo treatment by the
Department of Mental Health as a mentally ill offender;
c) Grants the parole authority full power to suspend or revoke
any parole, as specified, until July 1, 2013;
d) Amends AB 109 to revised and restated that, on and after
July 1, 2013, courts will have the limited jurisdiction to hear
petitions to revoke parole and impose a term of custody for
persons released from prison, as specified; include clarifying,
descriptive language concerning "flash incarceration"; provide
that confinement for violations shall not exceed a period of
180 days in county jail; and, provide a process for petitioning
for revoking the parole of a supervised person, as specified;
e) Amends AB 109 provisions pertaining to an inmate's
post-release community supervision agreement, to specify for
flash incarceration in jail of not more than 10, instead of 7,
consecutive days, and to strike the limit of not more than 14
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aggregate days;
f) Amends AB 109 to further describe the process for
petitioning the court to address matters concerning post
release supervision, including provisions allowing for a waiver
of rights and acceptance of proposed parole modifications, as
specified;
g) Amends AB 109 to clarify the basis and process for discharge
from post custodial supervision, as specified, and to expressly
provide that a person who has been on post-release supervision
continuously for one year with no violations shall be
discharged from supervision within 30 days;
h) Conforms to the post-release supervision provisions of AB
109, as specified;
i) Provides that upon agreement with the sheriff or director of
the county department of corrections a board of supervisors may
enter into a contract with other public agencies to provide
housing for inmates sentenced to county jail in community
correctional facilities, with a January 1, 2015, sunset, as
specified;
j) Authorizes counties to contract with CDCR to obtain day
treatment and crisis care services for inmates with mental
health problems who are released on post-release community
supervision with mental health problems; and,
aa) Amends Penal Code Section 3000.1, pertaining to life-term
parolees, is amended to state the Board of Parole Hearings'
authority with respect to discharge and review matters, as
specified.
1)Add an appropriation allowing this bill to take effect immediately
upon enactment.
COMMENTS : In March of this year, the Legislature passed AB 109
(Budget Committee), Chapter 15, Statutes of 2011, which generally
provides for the realignment of certain felons, adult parolees, and
juvenile offenders from state to local jurisdictions. These
amendments make specified technical and conforming revisions
consistent with, and within the framework of, that measure.
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Analysis Prepared by: Christian Griffith / BUDGET / (916) 319-2099
FN: 0001413