BILL ANALYSIS Ó
AB 1156
Page 1
Date of Hearing: April 14, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1156 (Brown) - As Introduced February 27, 2015
SUMMARY: Takes various provisions of law relating to persons
convicted of a felony and sentenced to the state prison, and
applies them to persons convicted of a felony and sentenced to a
county jail under the 2011 Realignment Act. Specifically, this
bill: 1)Clarifies that in any case where the pre-imprisonment
credit of a person sentenced to the county jail under the 2011
Realignment Act exceeds any sentence imposed, the entire
sentence shall be deemed to have been served, except for the
remaining portion of mandatory supervision, and the defendant
shall not be delivered to the custody of the county
correctional administrator.
2)Provides that when a defendant is sentenced to the county jail
under the 2011 Realignment Act, the court may, within 120 days
of the date of commitment on its own motion, or upon the
recommendation of the county correctional administrator,
recall the sentence previously ordered and resentence the
defendant in the same manner as if he or she had not
previously been sentenced, provided the new sentence, if any,
is no greater than the original sentence.
3)Requires the Judicial Council to adopt rules providing
criteria for the imposition of the lower, or upper term, and
determine the county or jurisdictional territory when the
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court is imposing a concurrent or consecutive sentence under
the 2011 Realignment Act upon a person previously sentenced to
the county jail under the 2011 Realignment Act in another
county or jurisdictional territory.
4)Extends provisions related to the compassionate release of a
state prison inmate, who is terminally ill, to an inmate
sentenced to a county jail under the 2011 Realignment Act.
5)Clarifies that a person released from the state prison on post
release community supervision shall be supervised by the
probation department of the county to which the person is
released, and requires that the inmate be informed of his or
her duty to report to the county probation department upon
release.
6)Extends the right to petition for a certificate of
rehabilitation and pardon to persons convicted of a felony and
sentenced to a county jail under the 2011 Realignment Act.
Makes additional non-substantive changes, conforming changes,
and deletes obsolete provisions.
7)Provides that a person shall not be subject to prosecution for
a non-felony offense arising out of a violation in the
California Vehicle Code, with the exception of Driving under
the Influence (DUI), that is pending against him or her at the
time of his or commitment to a county jail under the 2011
Realignment Act.
EXISTING LAW:
1)Provides when a defendant has been sentenced to be imprisoned
in the state prison and has been committed to the custody of
the secretary, the court may, within 120 days of the date of
commitment on its own motion, or at any time upon the
recommendation of the secretary of the California Department
of Corrections and Rehabilitation (CDCR) or the Board of
Parole Hearings (BPH), recall the sentence and commitment
previously ordered and resentence the defendant in the same
manner as if he or she had not previously been sentenced,
provided the new sentence, if any, is no greater than the
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initial sentence. The court resentencing under this
subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to
promote uniformity of sentencing. Credit shall be given for
time served. (Pen. Code, § 1170, subd. (d)(1).)
2)States that any case in which the amount of pre-imprisonment
credit exceeds any sentence imposed, the sentence shall be
deemed to have been served, and the defendant shall not be
delivered to the custody of the secretary of CDCR. The court
shall advise the defendant that he or she will serve a period
of parole, and order the defendant to report to the parole
office closest to the defendants last legal residence, unless
the in-custody credits exceed the total sentence, including
both confinement time and parole. (Pen. Code, § subd.
(a)(3).)
3)Provides that if the secretary of CDCR or the BPH, or both,
determine both that the prisoner has six months or less to
live and the conditions under which the prisoner would be
released do not pose a threat to public safety, the CDC
director or BPT may recommend to the court that the prisoner's
sentence be recalled. (Pen. Code, § 1170, subd. (e)(1).)
4)Provides that the court shall have discretion to recall or
re-sentence if the court finds both that the prisoner has six
months or less to live and the conditions under which the
prisoner would be released do not pose a threat to public
safety. (Pen. Code, § 1170, (e)(2).)
5)Requires the court to hold a hearing to consider whether a
prisoner's sentence should be recalled within 10 days of
receipt of a positive recommendation by the CDC director or
BPT. (Pen. Code, § 1170, subd. (e)(3).)
6)States the Judicial Council shall seek to provide uniformity
of sentencing by:
a) The adoption of rules providing criteria for the
consideration of the trial judge at the time of sentencing
regarding the court's decision to:
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i) Grant or deny probation;
ii) Impose the lower or upper term;
iii) Impose concurrent or consecutive sentences;
iv) Determine whether or not to impose an enhancement
when an enhancement is permitted by law;
v) Deny a period of mandatory supervision in the
interests of justice, or determine the appropriate period
and conditions of mandatory supervision. (Pen. Code, §
1170.3, subd. (a)(1)-(5).)
7)Provides that any person convicted of a felony who has been
released from a state prison or other state penal institution
or agency in the estate of California, whether discharged on
completion of the term for which he or she was sentenced or
released on parole, who has not been incarcerated in a state
prison or other state penal institution or agency since his or
her release, and who presents satisfactory evidence of a three
year residence in this state immediately prior to the filing
of the petition for a certificate of rehabilitation and pardon
may file the petition as specified. (Pen. Code, § 4852.01,
subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 1156
eliminates discrepancies and inconsistencies in treatment
between felons sent to prison and felons sent to county jail
under Realignment that were not addressed in the original or
subsequent legislation. These inconsistencies are
unnecessary, unfair, and costly. Their elimination will
enhance the fairness of the system and save the taxpayers
money. "
REGISTERED SUPPORT / OPPOSITION:
AB 1156
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Support
California Public Defenders Association (Sponsor)
Conference of California Bar Associations (Co-Sponsor)City and
County of San Francisco Office of the Sheriff
National Association of Social Workers, California Chapter
California Attorneys for Criminal Justice
Legal Services for Prisoners with Children
American Civil Liberties Union
Opposition
None
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744