BILL ANALYSIS �
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Mark Leno, Chair
Bill No: AB 1483
Author: Committee on Budget
As Amended: June 25, 2012
Consultant: Joe Stephenshaw
Fiscal: Yes
Hearing Date: June 25, 2012
Subject: Budget Act of 2012: Public Safety Realignment
Summary: Provides the statutory changes necessary to
implement the Public Safety Realignment portions of the
2012 Budget Act.
Background: This is the Public Safety Realignment Trailer
Bill. It contains the necessary changes to enact the
budget act of 2012-13, as follows:
1.Sentencing Changes
Consistent with 2011 Public Safety Realignment, revises
statute to specify that the following felony crimes are
punishable by imprisonment in state prison:
" Sale of a controlled substance to a minor
in a park.
" Harmful matter, seduction of a minor, as
specified.
" Repeat violation of various sex offenses
with children under 16 or 14 years of
age.
" Breaking and entering to molest or annoy
a child under 18 years of age.
" Solicitation to commit by force or
violence rape, sodomy, oral copulation, or
other similar offenses, as specified.
" Escape from custody causing serious
bodily injury to a peace officer.
" Escape from a mental hospital.
" Evasion of police by driving the wrong
way on the highway.
" Purchase, possession or ownership of body
armor, as specified.
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Consistent with 2011 Public Safety Realignment,
revises statute to make the following crimes
punishable by imprisonment in county jail, as
specified:
" Possession of an explosive substance or
any dirk or dagger.
" Manufacturing, importing, selling,
providing, or possessing any of the following; a
military practice or replica hand-grenade, any
air gauge knife, any belt buckle knife, any cane
sword, any lipstick case knife, any shobi-zue,
any writing pen knife, any ballistic knife, any
metal knuckles, any nunchaku, any leaded cane,
any shuriken, any camouflaging firearm container,
any cane gun, any firearm not immediately
recognizable as a firearm, any wallet gun, any
ammunition that contains or consists of any
flechette dart, any bullet containing or carrying
an explosive agent, any unconventional pistol,
any large capacity magazine, any multi-burst
trigger activator, any short-barreled rifle or
shotgun, or any zip gun.
" Check Fraud.
1.Mandatory Supervision
Makes the following changes pertaining to mandatory
supervision, as established in 2011 Public Safety
Realignment legislation to allow a court to suspend all
or part of a jail term and in turn commit the offender to
mandatory supervision in the community:
" Defines mandatory supervision as the
portion of a defendant's sentenced term during
which time he or she is supervised by the county
probation officer, as specified.
" Clarifies that mandatory supervision
qualifies as a prior term for the purpose of
imposing a one-year sentence enhancement.
" Extends the authority of probation
officers and parole agents to those on mandatory
supervision.
" Specifies that any time period which is
suspended because a person has absconded would
not be credited toward the period of supervision.
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" Specifies that in addition to
probationers, those on mandatory supervision may
be transferred to the jurisdiction of another
county on the motion of the petitioner.
1.Parole - Board of Parole Hearings Revocation Process
Changes
Per 2011 Public Safety Realignment, effective July 1,
2013, the trial courts will be responsible for conducting
revocation proceedings for four distinct categories of
supervision: probation, mandatory supervision, post
release community supervision, and parole. Under the
current statutory scheme, distinct procedural
requirements are prescribed for each of the four types of
supervision. To reduce confusion and promote consistency
across the four types of significantly similar
procedures, this bill amends various statutes to apply
current probation revocation procedures to all four
categories of supervision. Specifically, this bill:
" Requires that court proceedings to
revoke, modify, or terminate mandatory
supervision, post release community supervision,
and, beginning July 1, 2013, parole, be conducted
under current procedural requirements for
probation revocations.
" Preserves court authority to employ
hearing officers to conduct parole and post
release community supervision revocation
proceedings.
" As of July 1, 2013, vests the courts with
sole authority to issue warrants for parolees,
and clarify that warrants issued by the Board of
Parole Hearings before July 1, 2013, remain in
effect until served or recalled by the board.
" Clarifies that persons supervised on
parole and post-release community supervision are
prohibited from petitioning courts for early
discharge of supervision under that section.
" Various non-substantive conforming
changes.
1.Parole Violator Jurisdiction
Specifies that a parolee held in a local jail is under
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the sole legal custody and jurisdiction of the local
county facility even if placed in an alternative custody
program by the Sheriff. Further, when released from the
local jail or county alternative custody program, the
parolee shall be returned to the parole supervision of
the CDCR for the duration of parole.
2.Terms for Multiple Offenses
Clarifies law regarding cases where a person is on bail
for a primary felony offense, and is accused of a second
felony offense while on bail. If an individual is
ultimately found guilty of both offenses, and the first
offense would receive prison time rather than jail time,
then the term of the second offense shall be served
consecutive to the term of the first offense and be
served in prison rather than jail. Specifies that for
any concurrent term of imprisonment in the state prison
for any one crime, the term for all crimes shall be
served in the state prison.
3.Proposition 69, DNA Identification Evidence
Existing law, as amended by Proposition 69, approved by
the voters, requires certain offenders to provide genetic
samples for the purposes of solving crimes and
exonerating the innocent. Current law also requires the
samples to be collected from any person on probation,
parole or other release, including any juvenile, who has
a record of any past or present conviction for specified
offenses. This bill adds offenders on post-release
community supervision or mandatory supervision.
4.County Population Cap Release
Current law specifies that where a jail exceeds its
population cap, the administrator of that jail may begin
releasing inmates up to five days before their scheduled
release date. This bill increases that timeframe to 30
days.
5.Post-Release Community Supervision Time Limit
Clarification
Existing law requires a parolee released from prison
prior to October 1, 2011, who violates parole and is
subsequently released after November 1, 2011, to remain
on parole or be placed on post-release community
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supervision. This bill specifies that a person on
post-release community supervision as described above
could serve no more time than they would have had had
they remained on parole.
6.Revocation Time Limit Clarification
Existing law allows a parole violator or post-release
supervision violator to serve up to 180 days in county
jail. This bill specifies the 180 day limitation applies
per revocation or for each custodial sanction.
7.Notification Terms
Converts post-release community supervision from an
agreement both parties enter into, to a notification to
the offender of the terms of their release.
8.Reporting Timeline for Post-Release Supervision
Provides that receiving local agencies can require
offenders released from a jail or local correctional
facility onto post-release community supervision to
report to local authorities within two days or less of
their release date. This bill also allows local law
enforcement to release inmates one to two days early when
an inmate's release date falls on a holiday day or a
weekend.
9.County Contracting Authority
Removes the January 1, 2015, sunset on county authority
to contract with other public agencies to provide inmate
housing in community correctional facilities.
10.DOJ Criminal History Information Availability
Existing law requires the Department of Justice to
provide criminal history information to a district
attorney or public defender when representing a person in
a criminal case or parole revocation hearing. This bill
extends that authority to post-release community
supervision and mandatory supervision revocation
hearings. Similar authority is provided for local
agencies providing local criminal history information.
11.Pre-Trial Electronic Monitoring
Existing law allows a county to authorize an electronic
monitoring program for inmates held without bail if they
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have spent 30 days in jail following arraignment for a
misdemeanor crime or 60 days on a felony charge. This
bill adds, as a third category eligible for release, any
inmate appropriate for the program based on a
determination by the correctional administrator the
inmate's participation would be consistent with the
public safety interests of the community.
12.HIV and Hepatitis Testing
Standardizes HIV and Hepatitis testing and notification
requirements for all persons subject to local
supervision.
13.Booking Fees
This bill makes statutory changes consistent with 2011
Public Safety Realignment, including setting the amount
available for booking fees at $35 million per year
beginning in 2012-13 from the Enhancing Law Enforcement
Activities Subaccount within the Law Enforcement Services
Account.
14.Community Oriented Policing Services (COPS)/Juvenile
Justice Crime Prevention Act (JJCPA) Funding
Makes statutory changes consistent with 2011 Public
Safety Realignment, including specifying that a total of
43.72 percent, or 21.86 percent per program, of the funds
deposited in the Enhancing Law Enforcement Activities
Subaccount would be allocated to the COPS (provides
funding to supplement front line law enforcement
services) and JJCPA (provides funding for juvenile
probation services) programs. This would provide $107.1
million per year for each of these programs; or, $214.2
million total.
15.Small and Rural Sheriff's funding
Makes statutory changes consistent with 2011 Public
Safety Realignment, including specifying that 3.78
percent (approximately $18.5 million) of the monies
annually deposited in the Enhancing Law Enforcement
Activities Subaccount be allocated to county sheriffs
pursuant to a specific schedule.
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16.Juvenile Probation Funding
Makes statutory changes consistent with 2011 Public
Safety Realignment, including specifying that 33.38
percent of deposits into the Enhancing Law Enforcement
Activities Subaccount in the Local Revenue Fund 2011
(about $152 million) be allocated for juvenile probation
pursuant to the specific county by county allocation of
these funds as specified in statute.
17.Juvenile Camp Funding
Makes statutory changes consistent with 2011 Public
Safety Realignment, including setting the juvenile camp
funding at 6.01 percent of deposits into the Enhancing
Law Enforcement Activities Subaccount in the Local
Revenue Fund 2011, or about $29.4 million.
18.California Emergency Management Agency (CalEMA) Grant
Funding
Makes statutory changes consistent with 2011 Public
Safety Realignment, including dedicating 8.35 percent of
deposits into the Enhancing Law Enforcement Activities
Subaccount in the Local Revenue Fund 2011 (approximately
$40.9 million) to various long standing grants previously
administered by CalEMA. These funds will now go directly
to counties and cities according to specific percentage
allocations established in this bill. The affected
programs are: The California Multi-Jurisdictional
Methamphetamine Enforcement Teams (47.52 percent of the
CalEMA total); Multi-Agency Gang Enforcement Consortium
(0.2 percent); Sexual Assault Felony Enforcement Teams
(12.48 percent); the High Technology Theft Apprehension
and Prosecution Program (26.83 percent); the Gang
Violence Suppression Program (3.91 percent); and the
Central Valley and Central Coast Rural Crime Prevention
Programs (9.06 percent). In addition, removes sunsets
for the Central Valley Rural Crime Prevention Program and
the Central Coast Rural Crime Prevention programs.
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