BILL ANALYSIS Ó
SB 1023
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SENATE THIRD READING
SB 1023 (Budget and Fiscal Review Committee)
As Amended June 25, 2012
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE :Vote not relevant
SUMMARY : Makes necessary statutory and technical changes to
implement the Budget Act of 2012 related to 2011 Public Safety
Realignment. Specifically, this bill :
1)Specifies realigned funds to support jail booking fees.
2)Removes requirement to notify counties of jail booking fee
increases in light of fees being supported by realigned
funding.
3)Specifies realigned funds to support the Citizens' Option for
Public Safety (COPS), and Juvenile Justice Crime Prevention
Act programs.
4)Sunsets the State Law Enforcement Oversight Committee and High
Tech Crime Advisory Committee along with associated duties.
5)Increases Small Rural Sheriff program grants by approximately
$500,000 for each of 37 rural counties to address general law
enforcement needs.
6) Clarifies that all persons subject to local supervision
are also subject to DNA collection pursuant to the
provisions of Proposition 69.
7) Clarifies that when a court imposes a concurrent term of
imprisonment for multiple crimes and any of the crimes is
punishable by a state prison term, the entire term shall be
served in state prison.
8) Clarifies that when a person is convicted of a primary
offense that is punishable by state prison, any secondary
felony convictions shall also be served in state prison
consecutively.
9) Provides that any time period during which a supervised
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person has absconded shall not be credited toward the
period of supervision.
10) Authorizes county Correctional Administrators to
determine an inmate's eligibility for participation in an
electronic monitoring program, in lieu of bail, based on
the public safety interests of the community.
11)Specifies that all supervised persons may be granted a
transfer to the jurisdiction of another county if specified
conditions are met.
12)Clarifies minimum and maximum supervision terms for specified
offenses.
13)Specifies a state prison term for various crimes including:
a) Sale of a controlled substance to a minor in a park;
b) Sex offences with minors, as specified;
c) Solicitation to commit by force or violence rape,
sodomy, oral copulation, or other similar offenses, as
specified;
d) Escape from custody causing serious bodily injury to a
peace officer;
e) Escape from a mental hospital by a mentally disordered
sex offender;
f) Evasion of police by driving the wrong way on a highway;
g) Purchase, possession or ownership of body armor, as
specified; and,
h) Intentional infliction of serious bodily injury while
drawing or exhibiting a firearm.
1)Specifies a county jail term for various crimes including:
a) Check fraud, as specified;
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b) Carrying a concealed explosive substance, dirk, or
dagger;
c) Assembling, maintaining, or placement of a booby-trap;
d) Making false statements with the intent to deceive in
order to obtain or continue to receive aid that is not
justified; and,
e) Manufacturing, importing, providing, selling, lending,
or possessing any of the following:
i) Air gauge knife; Belt buckle knife; Cane sword;
Lipstick case knife; Shobi-zue; Writing pen knife;
Ballistic knife; Metal knuckles; Nanchaku; Leaded cane;
Shuriken; Camouflaging firearm container; Cane gun;
Firearm not immediately; recognizable as a firearm;
Undetectable firearm; Wallet gun; Ammunition containing
or consisting of any flechette dart; Bullet containing or
carrying an explosive agent; Unconventional pistol;
Large-capacity magazine; Multi-burst trigger activator;
Short-barreled rifle; Short-barreled shotgun; and, Zip
gun.
1) Standardizes revocation process for all persons subject
to local supervision (probation, mandatory supervision,
post release community supervision, and parole). Changes
include:
a) Requires that court proceedings to revoke, modify, or
terminate local supervision be conducted under current
procedural requirements for probation revocations;
b) Grants the courts sole authority to issue warrants for
parolees, and clarifies that warrants issued by the Board
of Parole Hearings before July 1, 2013, remain in effect
until served or recalled by the board;
c) Provides that a court may issue warrants pertaining to
parolees, where previously that responsibility rested with
the Board of Prison Terms and the California Department of
Corrections and Rehabilitation (CDCR).
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d) Clarifies that persons supervised on parole and post
release community supervision are prohibited from
petitioning courts for early discharge of supervision.
e) Repeals requirement that inmates agree, in writing, to
the terms of their supervision and replaces it with a
notification of their supervision terms upon release.
f) Clarifies that a supervised person may be required to
serve up to 180 days in county jail, per revocation.
1)Specifies that a person subject to post-release community
supervision, after serving a term for parole revocation, shall
not be required to serve a period of post release supervision
that exceeds the time for which that person would have served
on parole.
2)Specifies that a parolee held in a local jail is under the
sole legal custody and jurisdiction of the local county
sheriff even if placed in an alternative custody program by
the sheriff. Further, when released from the local jail or
county alternative custody program, the parolee shall be
returned to the parole supervision of the CDCR for the
duration of parole.
3)Provides that local agencies may require any person being
released under local supervision to report to the local
supervising agency within two days of their release.
4)Authorizes the release of inmates 1-2 days early when an
inmate's release date falls on a holiday or weekend.
5)Authorizes local jail administrators to begin releasing
inmates up to 30 days before their scheduled release date when
the local facility exceeds its bed capacity.
6)Removes the sunset on county authority to contract with
community correctional facilities to provide inmate housing.
7)Standardizes HIV and Hepatitis testing and notification
requirements for all persons subject to local supervision.
8)Requires the Department of Justice to furnish an attorney or
public defender who is representing a supervised person with
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criminal history information when needed in the course of
their duties.
9)Sunsets current realignment funding provisions and creates new
ongoing allocation schedules for the following programs:
a) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams;
b) Multi-Agency Gang Enforcement Consortium;
c) Sexual Assault Felony Enforcement Teams;
d) High Technology Theft Apprehension and Prosecution
Program;
e) Gang Violence Suppression Program; and,
f) Central Valley and Central Coast Rural Crime Prevention
Programs.
1)Removes sunset on Central Valley Rural Crime Prevention
Program and the Central Coast Rural Crime Prevention program
and provides ongoing funding through realignment.
2) Provides greater local discretion for the administration
of numerous public safety programs.
3) Allocates funding from specified realignment accounts.
4) Makes numerous additional technical changes.
5) Contains an appropriation allowing this bill to take
effect immediately upon enactment.
Analysis Prepared by : Marvin Deon / BUDGET / (916) 319-2099
FN: 0004185
SB 1023
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