BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1023| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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: CONTINUED SB 1023 Page 2 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 CONTINUED SB 1023 Page 3 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. CONTINUED SB 1023 Page 4 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 CONTINUED SB 1023 Page 5 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. CONTINUED SB 1023 Page 6 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 CONTINUED SB 1023 Page 7 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 CONTINUED SB 1023 Page 8 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 **** END **** CONTINUED SB 1023 Page 9 CONTINUED