BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1156


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1156 (Brown)


          As Amended  September 1, 2015


          Majority vote


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          |ASSEMBLY:  |54-24 |(June 2, 2015) |SENATE: |      |(September 2,    |
          |           |      |               |        |25-14 |2015)            |
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          Original Committee Reference:  PUB. S.


          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.  


          The Senate amendments delete a provision that required the  
          Judicial Council to formulate rules regarding the determination  
          of the incarcerating jurisdiction when the Court is imposing a  
          sentence concurrent or consecutive to a sentence imposed in  
          another county pursuant to the 2011 Realignment Act. 


          EXISTING LAW:  


          1)Clarifies that in any case where the pre-imprisonment credit  
            of a person sentenced to the county jail under the 2011  








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            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  
            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.


          AS PASSED BY THE ASSEMBLY, this bill: 


          1)Clarified 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)Provided 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)Required 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)Extended 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. 








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          5)Clarified 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)Extended 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)Provided 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.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)Minor one-time costs (General Fund) to the Judicial Council to  
            adopt rules of court. 


          2)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  
            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  








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            safety services" under 2011 Realignment, local agencies could  
            potentially claim reimbursement for these state-mandated  
            costs.   


          3)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.


          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:  
          0001971