BILL ANALYSIS �
AB 579
Page 1
Date of Hearing: January 14, 2014
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 579 (Melendez) - As Amended: January 6, 2014
As Proposed to be Amended in Committee
FOR VOTE ONLY
SUMMARY : Clarifies that mandatory supervision commences upon
release from custody. Specifically, this bill : Provides that
when a court commits a person to county jail for a felony and a
period of time under the supervision of the probation
department, that mandatory supervision shall commence upon
release from custody.
EXISTING LAW :
1)Provides that when a court commits a person to county jail for
a felony, with the time following under the supervision of the
probation department, the portion of the defendant's sentenced
term during which time he or she is supervised by the county
probation department is known as mandatory supervision. (Pen.
Code, � 1170, subd. (h)(5)(B)(ii).)
2)Creates, under realignment, two classifications of felonies:
those punishable in county jail and those punishable in state
prison. Specifically, sentences to state prison are now
mainly limited to registered sex offenders and individuals
with a current or prior serious or violent "strike" offenses.
In addition to the serious, violent, registerable offenses
eligible for state prison incarceration, there are
approximately 70 felonies which have be specifically excluded
from eligibility for local custody (i.e., the sentence for
which must be served in state prison). (Pen. Code, � 1170,
subd. (h).)
FISCAL EFFECT : Unknown
AB 579
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COMMENTS :
1)Author's Statement : "AB 579 would restore clarifying language
in the Penal Code (PC) that was inadvertently chaptered out,
which provides that mandatory supervision begins upon release
from custody. This does not enact any new policy because the
change was adopted by the Legislature and approved by the
Governor as part of SB 76."
2)Criminal Justice Realignment : Criminal justice realignment
created two classifications of felonies: those punishable in
county jail and those punishable in state prison. Realignment
limited which felons can be sent to state prison, thus
requiring that more felons serve their sentences in county
jails. The new law applies to qualified defendants who commit
qualifying offenses and who were sentenced on or after October
1, 2011. Specifically, sentences to state prison are now
mainly limited to registered sex offenders and individuals
with a current or prior serious or violent offense. In
addition to the serious, violent, registerable offenses
eligible for state prison incarceration, there are
approximately 70 felonies which have be specifically excluded
from eligibility for local custody (i.e., the sentence for
which must be served in state prison).
3)Split Sentencing Under Realignment : Realignment gives the
sentencing judge discretion to impose two types of sentences
to county jail. (Pen. Code, � 1170, subd. (h)(5).) The court
may commit the defendant to county jail for the straight term
allowed by law. (Pen. Code, � 1170, subd. (h)(5)(A).) With
this alternative, the defendant will serve the computed term
in custody, less conduct credits, then be released without
restriction. With the second alternative, the court may send
the defendant to county jail for the computed term, but
suspend a concluding portion of the term. (Pen. Code, � 1170,
subd. (h)(5)(B).) During this time the defendant will be
supervised by the county probation officer in accordance with
the terms, conditions and procedures generally applicable to
persons placed on probation. If the court chooses to impose
the supervision period, the defendant's participation is
mandatory. Like the straight sentence, once the custody and
supervision term has been served, the defendant is free of any
restrictions or supervision. These sentences are called
"split" sentences because they generally are composed of a
AB 579
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mixture of custody and mandatory supervision time.
4)Recent Changes to Mandatory Supervision : Mandatory
supervision is the period of time in a split sentence when a
person is under required supervision of a county probation
department following a period of incarceration. In 2013, SB
76 (Chapter 32, Statutes of 2013) a budget trailer bill was
introduced and signed into law. In part, SB 76 clarified that
the mandatory supervision period of a split sentence commences
immediately upon release from incarceration. This language
was inadvertently chaptered out by SB 463 (Pavley), Chapter
508, Statutes of 2013.
5)Mandatory Supervision is not Probation : Despite the fact that
county probation offices are responsible for monitoring
individuals serving split sentences who are on mandatory
supervision, that period of time is not considered probation.
Mandatory supervision may not be used until the judge denies
probation and imposes a split sentence. The supervision is
part of the sentence imposed by the court.
6)Argument in Support : According to the Chief Probation
Officers of California , "We are pleased to co-sponsor AB 579,
which would restore language to the Penal Code providing that
mandatory supervision begins upon release from custody.
"SB 76 (Chapter 32, Statutes of 2013) was a budget trailer
bill that enacted several changes in the criminal justice
issue area, including language clarifying that the mandatory
supervision period of a split sentence begins upon release
from jail custody. However, this language was inadvertently
chaptered out by provisions in SB 463 (Pavley, Chapter 508)
Statutes of 2013).
"AB 579 would restore clarifying language, already approved by
the Legislature and the Governor, specifying that mandatory
supervision begins upon release from custody."
7)Prior Legislation : SB 76 (Budget Committee), Chapter 32,
Statutes of 2013, clarified that mandatory supervision by
county probation offices must commence upon the release of an
offender from incarceration. These provisions were
inadvertently chaptered out by SB 463 (Pavley), Chapter 508,
Statutes of 2013.
AB 579
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REGISTERED SUPPORT / OPPOSITION :
Support
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
California State Sheriffs' Association (sponsor)
Chief Probation Officers of California (sponsor)
L.A. County Probation Officers Union
Los Angeles Police Protective League
Riverside Sheriffs' Association
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744