BILL ANALYSIS Ó
AB 1156
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ASSEMBLY THIRD READING
AB
1156 (Brown)
As Introduced February 27, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+----------------------+---------------------|
|Public Safety |6-0 |Quirk, Gonzalez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago | |
| | | | |
|----------------+------+----------------------+---------------------|
|Appropriations |12-4 |Gomez, Bloom, Bonta, |Bigelow, Gallagher, |
| | |Calderon, Daly, |Jones, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, Weber, | |
| | |Wood | |
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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
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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 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.
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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 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.
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.
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
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not pose a threat to public safety, the CDCR director or BPH may
recommend to the court that the prisoner's sentence be recalled.
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.
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.
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:
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.
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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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Moderate nonreimbursable costs to the counties for the various
permissive activities authorized. The magnitude of the costs
will depend on the counties that choose to participate in the
permissive activities. Some savings will be realized if terms
of confinement in county jails are reduced.
2)Minor absorbable costs to the Judicial Council to adopt a Rule
of Court.
COMMENTS: 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. "
Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0000387
AB 1156
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