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  







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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  








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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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