BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 579|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 579
Author: Melendez (R)
Amended: 1/15/14 in Assembly
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/25/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Mitchell,
Steinberg
ASSEMBLY FLOOR : 75-0, 1/21/14 (Consent) - See last page for
vote
SUBJECT : Mandatory supervision
SOURCE : California State Sheriffs Association
Chief Probation Officers of California
DIGEST : This bill provides that when a court commits a person
convicted of a jail felony to both county jail and a period of
time under the supervision of the probation department, the
period of mandatory supervision shall commence upon release from
custody.
ANALYSIS : Existing law:
1.Generally provides that, for any person sentenced on or after
October 1, 2011, certain felonies, those which by their
statutory terms specifically so provide, and for which an
offender is otherwise eligible, are punishable by a term of
imprisonment in a county jail and not state prison, as
CONTINUED
AB 579
Page
2
specified (Penal Code Section 1170(h).
2.Provides that, for convicted felony offenders subject to
confinement in a county jail, courts may impose the felony
sentence to commit a defendant to county jail as follows:
A. For a full term in custody as determined in accordance
with the applicable sentencing law.
B. For a term as determined in accordance with the
applicable sentencing law, but suspend execution of a
concluding portion of the term selected in the court's
discretion, during which time the defendant shall be
supervised by the county probation officer in accordance
with the terms, conditions, and procedures generally
applicable to persons placed on probation, for the
remaining unserved portion of the sentence imposed by the
court. The period of supervision shall be mandatory, and
may not be earlier terminated except by court order.
During the period when the defendant is under such
supervision, unless in actual custody related to the
sentence imposed by the court, the defendant shall be
entitled to only actual time credit against the term of
imprisonment imposed by the court (Penal Code Section
1170(h)(5).
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 3/26/14)
California State Sheriffs' Association (co-source)
Chief Probation Officers of California (co-source)
California District Attorneys Association
Los Angeles Police Protective League
Los Angeles County Probation Officers' Union, AFSCME, Local 685
Association for Los Angeles Deputy Sheriffs
Riverside Sheriffs' Association
California Public Defenders Association
CONTINUED
AB 579
Page
3
San Diego County District Attorney
ARGUMENTS IN SUPPORT : According to the author's office, this
bill was a budget trailer bill that enacted several changes in
the criminal justice issue area including language that
clarified existing law that mandatory supervision begins upon
release from custody. Unfortunately, this change was
inadvertently chaptered out by SB 463 (Pavley, Chapter 508,
Statutes of 2013). This bill restores the clarifying language
specifying that mandatory supervision begins upon release from
custody that was chaptered out by the enactment of SB 463. 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
(Senate Budget and Fiscal Review Committee, Chapter 32, Statutes
of 2013), a budget trailer bill.
ASSEMBLY FLOOR : 75-0, 1/21/14
AYES: Achadjian, Alejo, Allen, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Yamada,
John A. P�rez
NO VOTE RECORDED: Ammiano, Beth Gaines, Grove, Ridley-Thomas,
Williams
JG:nl 3/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED