BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 85
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          SENATE THIRD READING
          SB 85 (Budget and Fiscal Review Committee)
          As Amended March 14, 2011
          2/3 vote.  Urgency 

           SENATE VOTE  :Vote not relevant  
           
           SUMMARY  : This is the 2011 Public Safety Realignment bill 
          containing necessary statutory and technical changes to 
          implement changes to the Budget Act of 2011.  Specifically,  this 
          bill  :

          1)Expands the authority of local correctional administrators to 
            use alternative custody methods and establishes day for day 
            credit for offenders serving time in a jail facility.

          2)Makes various changes to the Post-Release Supervision statutes 
            as follows:

             a)   Specifies the population to be released onto 
               post-release supervision (non-violent/serious, no third 
               strike conviction, no high risk sex offenders);

             b)   Requires the Local Corrections Community partnership to 
               create an implementation plan for post release supervision 
               of offenders and establishes an executive committee within 
               the partnership to make recommendations to county board of 
               supervisors;

             c)   Requires the county board of supervisors to designate a 
               county agency to be responsible for post-release 
               supervision;

             d)   Requires notification by the California Department of 
               Corrections and Rehabilitation (CDCR) to counties regarding 
               who is being released into post release supervision;

             e)   Requires offenders to enter into a post-release 
               community supervision agreement, which includes terms and 
               conditions;

             f)   Requires the court to establish a process to determine 
               violations of conditions of post-release supervision and 
               revocations; and,








                                                                  SB 85
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             g)   Sets parameters for one time offenders to be on 
               post-release supervision and provides authority for 
               release.

          1)Makes various changes to State Parole statutes as follows:

             a)   Specifies who remains on state parole (violent/serious 
               conviction, third strike conviction, high risk sex 
               offenders);

             b)   Specifies that only lifers can be returned to state 
               prison for a parole violation;

               c)     Specifies CDCR's jurisdiction over all offenders 
                 currently on parole; and,

               d)     Adds the courts as the authority for determining 
                 revocations.

          1)Makes various changes to Low Level Offender statutes as 
            follows:

               a)     Redefines a felony to include imprisonment in a 
                 county jail for more than a year;

             b)   Changes all enumerated penalty code sections to include 
               the phrase "pursuant to subdivision (h) of Penal Code 
               Section (PC) 1170;"

             c)   Amends PC Section 1170 to include (h), which provides 16 
               months, two, or three years if the punishment is specified 
               to be served in county jail unless the person has a prior 
               violent, serious, or sex offense (in which case they serve 
               time in state prison); and, 

               d)     Provides that counties can contract with the state 
                 to house felony offenders.

          1)Stops state intake and allows local agencies to contract with 
            CDCR for housing juvenile offenders.

          2)Stipulates that this act will become operative only upon 
            creation of a community corrections grant program and upon an 








                                                                  SB 85
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            appropriation to fund the grant program.
           

           7)Adds an urgency clause allowing this bill to take effect 
            immediately upon enactment.
           

          Analysis Prepared by  :   Joe Stephenshaw / BUDGET / (916) 
          319-2099



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