BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1023
Author: Senate Budget and Fiscal Review Committee
Amended: 6/25/12
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 49-29, 6/27/12 - See last page for vote
SUBJECT : Budget Act of 2012: Public Safety Realignment
SOURCE : Author
DIGEST : This bill provides the statutory changes
necessary to implement the Public Safety Realignment
portions of the 2012 Budget Act.
Assembly Amendments delete the Senate version of the bill
and insert the above language.
ANALYSIS : This is the Public Safety Realignment Trailer
Bill. It contains the necessary changes to enact the
Budget Act of 2012-13, as follows:
Sentencing Changes
Consistent with 2011 Public Safety Realignment, revises
statute to specify that the following felony crimes are
punishable by imprisonment in state prison:
CONTINUED
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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.
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
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activator, any short-barreled rifle or shotgun, or any
zip gun.
Check Fraud.
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.
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.
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.
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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.
Parole Violator Jurisdiction
Specifies that a parolee held in a local jail is under 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.
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
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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.
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.
County Population Cap Release
Existing 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.
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 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.
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.
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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.
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.
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.
Department of Justice 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.
Pre-Trial Electronic Monitoring
Existing law allows a county to authorize an electronic
monitoring program for inmates held without bail if they
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
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be consistent with the public safety interests of the
community.
HIV and Hepatitis Testing
Standardizes HIV and Hepatitis testing and notification
requirements for all persons subject to local supervision.
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.
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.
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.
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
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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.
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.
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% of the CalEMA total); Multi-Agency Gang
Enforcement Consortium (0.2%); Sexual Assault Felony
Enforcement Teams (12.48%); the High Technology Theft
Apprehension and Prosecution Program (26.83%); the Gang
Violence Suppression Program (3.91%); and the Central
Valley and Central Coast Rural Crime Prevention Programs
(9.06%). In addition, removes sunsets for the Central
Valley Rural Crime Prevention Program and the Central Coast
Rural Crime Prevention programs.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
ASSEMBLY FLOOR : 49-29, 6/27/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
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Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mitchell, Monning, Pan, Perea, V. Manuel
P�rez, Skinner, Solorio, Torres, Wieckowski, Williams,
Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Garrick, Gorell, Grove, Hagman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Mendoza,
Miller, Morrell, Nestande, Nielsen, Norby, Olsen,
Portantino, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Halderman, Swanson
DLW:n 6/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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