BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1023|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1023
          Author:   Senate Budget and Fiscal Review Committee
          Amended:  6/25/12
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Budget Act of 2012:  Public Safety Realignment  


           SOURCE  :     Author


           DIGEST  :    This bill provides the statutory changes 
          necessary to implement the Public Safety Realignment 
          portions of the 2012 Budget Act.

           Assembly Amendments  delete the Senate version of the bill 
          and insert the above language.

           ANALYSIS  :    This is the Public Safety Realignment Trailer 
          Bill.  It contains the necessary changes to enact the 
          Budget Act of 2012-13, as follows:

           Sentencing Changes
           
          Consistent with 2011 Public Safety Realignment, revises 
          statute to specify that the following felony crimes are 
          punishable by imprisonment in state prison: 
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           Sale of a controlled substance to a minor in a park.

           Harmful matter, seduction of a minor, as specified.

           Repeat violation of various sex offenses with children 
            under 16 or 14 years of age.

           Breaking and entering to molest or annoy a child under 18 
            years of age.

           Solicitation to commit by force or violence rape, sodomy, 
            oral copulation, or other similar offenses, as specified.

           Escape from custody causing serious bodily injury to a 
            peace officer. 

           Escape from a mental hospital.

           Evasion of police by driving the wrong way on the 
            highway.

           Purchase, possession or ownership of body armor, as 
            specified.

          Consistent with 2011 Public Safety Realignment, revises 
          statute to make the following crimes punishable by 
          imprisonment in county jail, as specified: 

           Possession of an explosive substance or any dirk or 
            dagger.

           Manufacturing, importing, selling, providing, or 
            possessing any of the following; a military practice or 
            replica hand-grenade, any air gauge knife, any belt 
            buckle knife, any cane sword, any lipstick case knife, 
            any shobi-zue, any writing pen knife, any ballistic 
            knife, any metal knuckles, any nunchaku, any leaded cane, 
            any shuriken, any camouflaging firearm container, any 
            cane gun, any firearm not immediately recognizable as a 
            firearm, any wallet gun, any ammunition that contains or 
            consists of any flechette dart, any bullet containing or 
            carrying an explosive agent, any unconventional pistol, 
            any large capacity magazine, any multi-burst trigger 

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            activator, any short-barreled rifle or shotgun, or any 
            zip gun.

           Check Fraud.

           Mandatory Supervision

           Makes the following changes pertaining to mandatory 
          supervision, as established in 2011 Public Safety 
          Realignment legislation to allow a court to suspend all or 
          part of a jail term and in turn commit the offender to 
          mandatory supervision in the community:

           Defines mandatory supervision as the portion of a 
            defendant's sentenced term during which time he or she is 
            supervised by the county probation officer, as specified. 
             

           Clarifies that mandatory supervision qualifies as a prior 
            term for the purpose of imposing a one-year sentence 
            enhancement.  

           Extends the authority of probation officers and parole 
            agents to those on mandatory supervision.

           Specifies that any time period which is suspended because 
            a person has absconded would not be credited toward the 
            period of supervision.

           Specifies that in addition to probationers, those on 
            mandatory supervision may be transferred to the 
            jurisdiction of another county on the motion of the 
            petitioner.

           Parole - Board of Parole Hearings Revocation Process 
          Changes  

          Per 2011 Public Safety Realignment, effective July 1, 2013, 
          the trial courts will be responsible for conducting 
          revocation proceedings for four distinct categories of 
          supervision:  probation, mandatory supervision, post 
          release community supervision, and parole. Under the 
          current statutory scheme, distinct procedural requirements 
          are prescribed for each of the four types of supervision.  

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          To reduce confusion and promote consistency across the four 
          types of significantly similar procedures, this bill amends 
          various statutes to apply current probation revocation 
          procedures to all four categories of supervision.  
          Specifically, this bill:

           Requires that court proceedings to revoke, modify, or 
            terminate mandatory supervision, post release community 
            supervision, and, beginning July 1, 2013, parole, be 
            conducted under current procedural requirements for 
            probation revocations.

           Preserves court authority to employ hearing officers to 
            conduct parole and post release community supervision 
            revocation proceedings.

           As of July 1, 2013, vests the courts with sole authority 
            to issue warrants for parolees, and clarify that warrants 
            issued by the Board of Parole Hearings before July 1, 
            2013, remain in effect until served or recalled by the 
            board.

           Clarifies that persons supervised on parole and 
            post-release community supervision are prohibited from 
            petitioning courts for early discharge of supervision 
            under that section.

           Various non-substantive conforming changes.

           Parole Violator Jurisdiction
           
          Specifies that a parolee held in a local jail is under the 
          sole legal custody and jurisdiction of the local county 
          facility 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.

           Terms for Multiple Offenses
           
          Clarifies law regarding cases where a person is on bail for 
          a primary felony offense, and is accused of a second felony 
          offense while on bail. If an individual is ultimately found 

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          guilty of both offenses, and the first offense would 
          receive prison time rather than jail time, then the term of 
          the second offense shall be served consecutive to the term 
          of the first offense and be served in prison rather than 
          jail.  Specifies that for any concurrent term of 
          imprisonment in the state prison for any one crime, the 
          term for all crimes shall be served in the state prison.

           Proposition 69, DNA Identification Evidence
           
          Existing law, as amended by Proposition 69, approved by the 
          voters, requires certain offenders to provide genetic 
          samples for the purposes of solving crimes and exonerating 
          the innocent.  Current law also requires the samples to be 
          collected from any person on probation, parole or other 
          release, including any juvenile, who has a record of any 
          past or present conviction for specified offenses.  This 
          bill adds offenders on post-release community supervision 
          or mandatory supervision.

           County Population Cap Release
           
          Existing law specifies that where a jail exceeds its 
          population cap, the administrator of that jail may begin 
          releasing inmates up to five days before their scheduled 
          release date.  This bill increases that timeframe to 30 
          days.  

          Post-Release Community Supervision Time Limit Clarification
           
          Existing law requires a parolee released from prison prior 
          to October 1, 2011, who violates parole and is subsequently 
          released after November 1, 2011, to remain on parole or be 
          placed on post-release community supervision.  This bill 
          specifies that a person on post-release community 
          supervision as described above could serve no more time 
          than they would have had had they remained on parole.  

          Revocation Time Limit Clarification
           
          Existing law allows a parole violator or post-release 
          supervision violator to serve up to 180 days in county 
          jail. This bill specifies the 180 day limitation applies 
          per revocation or for each custodial sanction.  

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          Notification Terms
           
          Converts post-release community supervision from an 
          agreement both parties enter into, to a notification to the 
          offender of the terms of their release.
           
          Reporting Timeline for Post-Release Supervision 
           
          Provides that receiving local agencies can require 
          offenders released from a jail or local correctional 
          facility onto post-release community supervision to report 
          to local authorities within two days or less of their 
          release date.  This bill also allows local law enforcement 
          to release inmates one to two days early when an inmate's 
          release date falls on a holiday day or a weekend.
           
          County Contracting Authority
           
          Removes the January 1, 2015 sunset on county authority to 
          contract with other public agencies to provide inmate 
          housing in community correctional facilities.

           Department of Justice Criminal History Information 
          Availability  
           
          Existing law requires the Department of Justice to provide 
          criminal history information to a district attorney or 
          public defender when representing a person in a criminal 
          case or parole revocation hearing.  This bill extends that 
          authority to post-release community supervision and 
          mandatory supervision revocation hearings.  Similar 
          authority is provided for local agencies providing local 
          criminal history information.

           Pre-Trial Electronic Monitoring
           
          Existing law allows a county to authorize an electronic 
          monitoring program for inmates held without bail if they 
          have spent 30 days in jail following arraignment for a 
          misdemeanor crime or 60 days on a felony charge.  This bill 
          adds, as a third category eligible for release, any inmate 
          appropriate for the program based on a determination by the 
          correctional administrator the inmate's participation would 

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          be consistent with the public safety interests of the 
          community.

           HIV and Hepatitis Testing
           
          Standardizes HIV and Hepatitis testing and notification 
          requirements for all persons subject to local supervision.

           Booking Fees
           
          This bill makes statutory changes consistent with 2011 
          Public Safety Realignment, including setting the amount 
          available for booking fees at $35 million per year 
          beginning in 2012-13 from the Enhancing Law Enforcement 
          Activities Subaccount within the Law Enforcement Services 
          Account.  

           Community Oriented Policing Services (COPS)/Juvenile 
          Justice Crime Prevention Act (JJCPA) Funding
           
          Makes statutory changes consistent with 2011 Public Safety 
          Realignment, including specifying that a total of 43.72 
          percent, or 21.86 percent per program, of the funds 
          deposited in the Enhancing Law Enforcement Activities 
          Subaccount would be allocated to the COPS (provides funding 
          to supplement front line law enforcement services) and 
          JJCPA (provides funding for juvenile probation services) 
          programs.  This would provide $107.1 million per year for 
          each of these programs; or, $214.2 million total.

           Small and Rural Sheriff's funding

           Makes statutory changes consistent with 2011 Public Safety 
          Realignment, including specifying that 3.78 percent 
          (approximately $18.5 million) of the monies annually 
          deposited in the Enhancing Law Enforcement Activities 
          Subaccount be allocated to county sheriffs pursuant to a 
          specific schedule.

           Juvenile Probation Funding

           Makes statutory changes consistent with 2011 Public Safety 
          Realignment, including specifying that 33.38 percent of 
          deposits into the Enhancing Law Enforcement Activities 

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          Subaccount in the Local Revenue Fund 2011 (about $152 
          million) be allocated for juvenile probation pursuant to 
          the specific county by county allocation of these funds as 
          specified in statute.

           Juvenile Camp Funding
           
          Makes statutory changes consistent with 2011 Public Safety 
          Realignment, including setting the juvenile camp funding at 
          6.01 percent of deposits into the Enhancing Law Enforcement 
          Activities Subaccount in the Local Revenue Fund 2011, or 
          about $29.4 million.

           California Emergency Management Agency (CalEMA) Grant 
          Funding  
           
          Makes statutory changes consistent with 2011 Public Safety 
          Realignment, including dedicating 8.35 percent of deposits 
          into the Enhancing Law Enforcement Activities Subaccount in 
          the Local Revenue Fund 2011 (approximately $40.9 million) 
          to various long standing grants previously administered by 
          CalEMA.  These funds will now go directly to counties and 
          cities according to specific percentage allocations 
          established in this bill.  The affected programs are the 
          California Multi-Jurisdictional Methamphetamine Enforcement 
          Teams (47.52% of the CalEMA total); Multi-Agency Gang 
          Enforcement Consortium (0.2%); Sexual Assault Felony 
          Enforcement Teams (12.48%); the High Technology Theft 
          Apprehension and Prosecution Program (26.83%); the Gang 
          Violence Suppression Program (3.91%); and the Central 
          Valley and Central Coast Rural Crime Prevention Programs 
          (9.06%).  In addition, removes sunsets for the Central 
          Valley Rural Crime Prevention Program and the Central Coast 
          Rural Crime Prevention programs.  

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  Yes


          DLW:n  6/26/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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