BILL ANALYSIS                                                                                                                                                                                                    



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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


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