BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1156 (Brown) - Imprisonment in county jail
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|Version: February 27, 2015 |Policy Vote: PUB. S. 5 - 1 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 17, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1156 would apply numerous sentencing statutes and
rules applicable to state prison sentences to felony sentences
imposed under criminal justice realignment (2011 Realignment
Act), as specified.
Fiscal
Impact:
Minor one-time costs (General Fund*) to the Judicial Council
to adopt rules of court.
Minor to moderate ongoing local costs, potentially in excess
of $50,000 to $100,000 (General Fund**) statewide for local
law enforcement agencies to provide written notification to
persons released or discharged from mandatory supervision or
AB 1156 (Brown) Page 1 of
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PRCS of the eligibility and procedures for a certificate of
rehabilitation and pardon. Workload to provide notification
would vary by county and be dependent on the method of
implementation of the mandate. To the extent the increased
costs to local agencies are not considered realigned "public
safety services" under 2011 Realignment, local agencies could
potentially claim reimbursement for these state-mandated
costs.
Potential net cost savings (Local Fund/General Fund**) to the
counties for other activities authorized and prescribed.
Potential cost savings will be realized to the extent county
jails terms are reduced under the resentencing, compassionate
release, and credit earning provisions of this measure.
*Trial Court Trust Fund
**Proposition 30
Background: In response to the federal court order requiring the state to
reduce the level of overcrowding in its prisons, the state
enacted criminal justice realignment in 2011 through AB 109 and
AB 117. Under the 2011 Realignment Act, newly-convicted
low-level offenders without current or prior serious or violent
offenses, or offenses requiring registration as a sex offender,
serve their sentences in county jail instead of state prison.
Additionally, parole violators, with specified exceptions, are
returned to county jail instead of state prison.
This bill seeks to provide clarity and conformity under numerous
provisions of law to ensure felons formerly sentenced to prison
that are currently sentenced to county jail or supervised at the
county level under the 2011 Realignment Act are afforded
consistent treatment with regard to sentencing, notification,
and eligibility for specified programs.
Proposed Law:
This bill would apply numerous sentencing statutes and rules
applicable to state prison sentences to felony sentences imposed
under criminal justice realignment, as follows:
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
AB 1156 (Brown) Page 2 of
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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.
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.
For felonies punishable pursuant to PC § 1170(h) subject to a
sentencing triad, requires the court to sentence the defendant
to one of the terms specified, unless the defendant is given
any another disposition provided by law, as specified.
Requires the Judicial Council to adopt rules providing
criteria for the imposition of the lower, middle, or upper
term at the time of sentencing (until January 1, 2017), and
imposition of the lower or upper term at the time of
sentencing (commencing January 1, 2017), consistent with state
prison sentencing provisions of law.
Requires the Judicial Council to 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.
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.
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.
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.
Requires the local law enforcement agency to provide written
notice to persons prior to discharge or release on PRCS or
mandatory supervision from a county jail of the person's right
to petition for, and of the procedure for filing the petition
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for and obtaining, a certificate of rehabilitation and pardon.
Provides that a person shall not be subject to prosecution for
a non-felony offense arising out of a violation of the 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.
Related
Legislation: AB 109 (Committee on Budget) Chapter 15/2011,
enacted the Public Safety Realignment Act of 2011, which among
its numerous provisions, revised the place of punishment for
various non-serious, non-violent, non-sex felony convictions to
be served in county jail instead of state prison.
Recommended Amendments: As inmates are released on parole or
PRCS by the CDCR and not the local probation agency, staff
recommends the following technical amendment to Penal Code
4852.21:
(a) A person to whom this chapter applies shall, prior to
discharge or release on parole or postrelease community
supervision from a state prison or other state penal institution
or agency, or prior to discharge or release on postrelease
community supervision or mandatory supervision from a county
jail, be informed in writing by the official in charge of the
place of confinement of the person's right to petition for, and
of the procedure for filing the petition for and obtaining, a
certificate of rehabilitation and pardon pursuant to this
chapter.
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