BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 95
Author: Senate Budget and Fiscal Review Committee
Amended: 6/28/11
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Budget Act of 2011: Criminal Justice
Realignment
SOURCE : Author
DIGEST : This bill makes specified corrections to AB 109
(Assembly Budget Committee), Chapter 15, Statutes of 2011,
concerning public safety realignment of certain felons,
adult parolees, and juvenile offenders from state to local
jurisdictions. This bill deletes the following sections
from AB 109: Section 2 (amending Penal Code Section 113);
Section 3 (amending Penal Code Section 114); and Section
18.
Assembly Amendments delete the Senate version of the bill
making statutory changes necessary to implement the Budget,
and insert current language relative to Public Safety
Realignment portions of the 2011-12 Budget by making
additional substantive and technical changes relevant to AB
109, pertaining to the realignment of certain low level
felony offenders, and adult parolees from state to local
jurisdiction.
CONTINUED
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ANALYSIS : Existing law provides that certain specified
felonies are punishable by incarceration in state prison.
If AB 109 of the 2011-12 Regular Session becomes operative,
certain of those felonies shall instead be punishable by
incarceration in a county jail.
Community Corrections Partnerships; Local Realignment Plans
Penal Code Section 1230, created by SB 678 (Chapter 608,
Statutes of 2009) to establish a local "Community
Corrections Partnership," is amended to allow for a
designee to be appointed by the board of supervisors for
its member position, as specified.
Under this bill, Penal Code Section 1230.1 is amended to
provided 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, 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 amendments 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/her designee; and a county department head, as
identified above. This bill also provides that the plan
shall be deemed accepted by the board of supervisors unless
it is rejected by a vote of 4/5ths of the board, in which
case the plan goes back to the CCP for further
consideration.
Local Home Detention Electronic Monitoring Programs
Penal Code Section 1203.018, as added by AB 109 pertaining
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to the authority of county correctional administrators to
use home detention electronic monitoring programs to
supervise jail inmates, is amended to make a technical
correction to the language, and to conform the punishment
for a violation of this provision (a misdemeanor under AB
109) to the punishments provided in existing law applicable
to persons confined in county custodial facilities, or
otherwise subject to county constructive custody, as
specified in Penal Code Section 4532 (ranging from a
misdemeanor to a felony depending upon enumerated
circumstances).
Sentencing
This bill excludes the following crimes from the provisions
of AB 109 concerning felonies subject to imprisonment in
county jail, and thus provides that executed sentences for
these felonies shall be served in state prison:
1. Penal Code Section 290.018 (violation of sex offender
register laws).
2. Penal Code Section 422 (criminal threats; see Penal
Code Section 1192.7(c)(38))
3. Penal Code Section 12021.5(b) (relating to
firearm/street gang crime)
4. Penal Code Section 12022.5 (personal use of a firearm
in commission of a felony; see Penal Code Section
1192.7(c)(8))
5. Penal Code Section 12022(b)(1) (use of deadly/dangerous
weapon during a felony)
6. Penal Code Section 12022(b)(2) (armed with firearm in
commission of a felony, carjacking prior)
7. Penal Code Section 12022.9 (enhancement for committing
or attempting felony where injury occurs to pregnant
woman resulting in termination of pregnancy)
8. Penal Code Section 12025(b)(3) (carrying concealed
weapon within any vehicle)
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9. Vehicle Code Section 23109 (speed contest with prior --
proximate causes serious bodily injury)
10.Vehicle Code Section 23110(b) (throwing specified
materials at vehicles with intent to do great bodily
injury)
11.Penal Code Section 273.4 (specified child injury
felony)
12.Penal Code Section 600(d) (relating to inflicting great
bodily injury on a peace officer)
13.Penal Code Section 245(a)(1) (assault - personal use of
a deadly weapon)
14.Penal Code Section 455 (relating to arson)
15.Penal Code Section 11418(b) or 11418(c) per Penal Code
Section 667.5(c)(23) (pertaining generally to weapons of
mass destruction)
16.Penal Code Section 11418(d) (pathogen development for
criminal purpose)
Penal Code Section 1170 (f), as amended by AB 109, is
amended to delete the cross-references to Penal Code
Sections 3000 and 3057 (pertaining to parole for
determinately sentenced inmates).
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.
Penal Code Section 1170(h), which was enacted by AB 109 to
specify which felonies shall be punishable by a term of
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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.
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.
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.
Aggregate Terms
Penal Code Section 1170.1(a), pertaining to aggregate terms
for multiple felony convictions, is amended to 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.
Parolees
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.
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.
Penal Code Section 3000, pertaining to parole, is amended
to conform existing codified legislative intent language to
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AB 109 and clarify the parole authority, as specified.
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.
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.
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.
Role of the Courts; Post-Custodial Supervision
This bill clarifies, revises and specifies the role of the
courts concerning persons subject to supervision following
a term of imprisonment in state service, as follows:
1. A new Government Code section is enacted to authorize
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.
2. Penal Code Section 3000.08, as enacted by AB 109,
relating to persons released from prison who shall
remain subject to CDCR supervision during their period
of post-prison supervision, is amended 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
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(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.
3. Penal Code Section 3060 is added by this bill to grant
the parole authority full power to suspend or revoke any
parole, as specified, until July 1, 2013.
4. Penal Code Section 3000.08, as enacted by AB 109, is
revised and restated to provide 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.
5. Penal Code Section 3453, as enacted by AB 109,
pertaining to an inmate's post-release community
supervision agreement, is amended to specify for flash
incarceration in jail of not more than 10, instead of
seven, consecutive days, and to strike the limit of not
more than 14 aggregate days.
6. Penal Code Section 3455, as enacted by AB 109, is
amended 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.
7. Penal Code Section 3456, as enacted by AB 109, is
amended 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.
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8. Penal Code Section 3015, relating to the existing
parole reentry accountability program, is amended to
conform to the post-release supervision provisions of AB
109, as specified.
9. Penal Code Section 4019, pertaining to jail credits, is
amended to apply to persons confined following a
violation of post-release community supervision or
parole.
10.Penal Code Section 4115.55 is added to provide 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.
11.Penal Code Section 3073.1 is added to authorize
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.
12.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.
This bill makes additional conforming changes consistent
with these purposes.
Division of Juvenile Facilities
This bill deletes placeholder language contained in AB 109,
including the repeal of Welfare and Institutions Code
Section 1710.5, concerning the provision of DJJ beds
pursuant to a memorandum of agreement between DJJ and the
state, and restore applicable statutory provisions
concerning DJJ to how they were prior to AB 109. In this
way this measure removes DJJ from the realignment contained
in AB 109. This bill also makes a technical revision to
Welfare and Institutions Code Section 1766.01.
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Miscellaneous
Penal Code Section 17.5, containing legislative findings
and declarations enacted in AB 109, is amended to make
technical revisions, as specified.
Penal Code Section 830.5, pertaining to peace officers, is
amended to technically conform to the post-release
community supervision provisions of AB 109 as revised by
the amendments to this bill, and to delete references in
this section to the Office of the Inspector General, as
specified.
Penal Code Section 3003, pertaining generally to return
sites for parolees, is amended in subdivision (k) relating
to the Law Enforcement Automated Data System to provide
that prior to August 1, 2011, county agencies designated to
perform post-release supervision shall so notify CDCR, as
specified.
Penal Code Section 4011.10, pertaining to local law
enforcement contracts for emergency health care services,
is amended to apply to health care services, as specified.
This bill also deletes the January 1, 2014 sunset to this
provision.
Penal Code Section 2057, which authorizes counties to
contract with CDCR for the commitment of persons who have
suffered a felony conviction, is amended to provide that
offenders sentenced to county jail that serve their
sentence in state prison pursuant to this section are
required to comply with specified rules and regulations of
CDCR.
This bill includes technical chaptering amendments
pertaining to provisions in AB 116 (Assembly Budget
Committee) concerning the Office of the Inspector General.
Prior Legislation
AB 109 (Assembly Budget Committee), Chapter 15, Statutes of
2011, passed the Senate (24-16) on March 17, 2011.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
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Local: No
In addition to the amounts appropriated in the Budget Act
of 2011, an appropriation of $27 million is provided to the
CDCR for the purpose of state operations in the 2011-12
fiscal year, payable from the General Fund.
DLW:mw 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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