BILL ANALYSIS Ó
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Date of Hearing: April 8, 2014
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1919 (V. Manuel Pérez) - As Amended: April 2, 2014
SUMMARY : Encourages all actors in the criminal justice system
to use an evidence-based risk and needs assessment, as defined,
to help make determinations at all stages of the judicial
process, including in making the determination of who should be
detained while awaiting trial, and determining supervision level
and service referrals while on probation, before release from
incarceration, and while on postrelease supervision, such as
parole, postrelease community supervision (PRCS), or mandatory
supervision. Specifically, this bill :
1)Specifies that "all actors in the criminal justice system"
includes police officers, probation officers, sheriffs
deputies and other law enforcement personnel.
2)Defines "risk and needs assessment" as a set of measures and
questions that are used to measure the risk of an individual
to commit another offense, miss future court appearances or
other appointments, engage in substance abuse, and determine
what unmet needs the individual has.
3)Makes the following legislative findings and declarations:
a) According to research by the Washington State Institute
for Public Policy, combining supervision based on the risk
level of an individual in the criminal justice system with
evidence-based programming to address the specific needs of
that individual yields the greatest reduction in recidivism
rates.
b) According to a 2010 study, entitled "The Role of
Offender Risk Assessment: A Policy Maker Guide," the
mismatch of higher supervision and inappropriate services
can actually increase the recidivism rate of a low-risk
individual, thereby decreasing public safety and wasting
valuable funding.
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c) Evidence-based risk and needs assessments are an
important tool that can provide decision makers with data
to help predict an individual's likelihood of committing a
crime and engaging in harmful behavior, such as substance
abuse, and can help determine which interventions or
services will have the most impact on the individual.
d) Evidence-based risk and needs assessments can be used at
many different times in the criminal justice process,
including in determining who should be detained while
awaiting trial, on probation, before release from
incarceration, and while on postrelease supervision, such
as parole, postrelease community supervision, or mandatory
supervision.
EXISTING LAW :
1)Requires the following persons released from prison on or
after October 1, 2011, be subject to parole under the
supervision of CDCR:
a) A person who committed a serious felony listed in Penal
Code Section 1192.7, subdivision (c);
b) A person who committed a violent felony listed in Penal
Code Section 667.5, subdivision (c);
c) A person serving a Three-Strikes sentence;
d) A high risk sex offender;
e) A mentally disordered offender;
f) A person required to register as a sex offender and
subject to a parole term exceeding three years at the time
of the commission of the offense for which he or she is
being released; and,
g) A person subject to lifetime parole at the time of the
commission of the offense for which he or she is being
released. (Pen. Code, § 3000.08, subds. (a) and (c).)
2)Requires all other offenders released from prison on or after
October 1, 2011, to be placed on PRCS under the supervision of
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a county agency, such as a probation department. (Penal Code,
§ 3000.08, subd. (b).)
3)Authorizes the court, when imposing a sentence for a county
jail-eligible felony, to commit the defendant to county jail
as follows:
a) For a full term in custody as determined in accordance
with applicable sentencing law; or
b) For a term as determined in accordance with the
applicable sentencing law, but suspend execution of a
concluding portion or the term selected in the court's
discretion, during which time defendant will be placed on
mandatory supervision 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 mandatory supervision, unless in
actual custody, the defendant shall be entitled to only
actual time credit against the term of imprisonment imposed
by the court. (Pen. Code, § 1170, subd. (h)(5).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Throughout the
criminal justice process, law enforcement professionals make
myriad decisions related to the handling of criminal case.
These decisions have ramifications not only for the
individual, but they also impact the allocation of public
resources related to facilities, programming, and staffing.
"In the post-realignment era, local jurisdictions throughout
the state are adjusting to higher case loads and their
resulting demands on staffing, programs, and facilities. The
use of risk and needs assessment tools can help promote a more
consistent and data-driven approach to case management
throughout the system, ultimately improving public safety. "
2)Background : According to the background materials provided by
the author, "Since 2011, California has been undergoing a
major transition in how and where it detains those who break
the law and how these individuals are reintegrated back into
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society. As jurisdictions adapt to new inmates now in their
supervision, research-based tools can be of great assistance.
"Risk and needs assessments are data-driven instruments that
are designed to help law enforcement personnel make a wide
variety of decisions. Used appropriately, they help law
enforcement make informed predictions about an individual's
likelihood of re-offending; appearing at court dates or
probation appointments; or engaging in harmful behavior. In
addition, they can be used at key decision points in the
criminal justice process, spanning:
a) Policing strategies and arrests (whether to cite and
release an individual or book them into county jail,
whether or not to file charges);
b) Pre-trial detention determinations;
c) Sentencing (whether to utilize a split sentence) and
placement in alternative custody programs;
d) Pre-release (what type of programming or supervision is
needed to successfully reenter and reintegrate into the
community); and,
e) During supervision (whether probation or parole should
be revoked).
"Currently, risk and needs assessment tools are being used to
different degrees within the probation system and by some
county law enforcement entities. In fact, the Los Angeles
County Sherriff's Department recently decided to implement a
risk assessment tool to more appropriately manage its jail
population, which houses nearly one-third of the realigned
inmates in the state. However, there is no consistent state
policy supporting their use throughout the state.
"The use of a research-validated risk and needs assessment
tool would support data-driven decision making and a more
consistent and effective criminal justice system. Ultimately,
this will provide the valuable information necessary to
provide better allocation of state and local resources, and to
help ensure safer communities."
3)Argument in Support : According to the Chief Probation
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Officers of California , "It is good public safety policy to
use validated assessment tools to assign offenders to the
right level of probation monitoring and match them with
evidence-based programs that address the specific criminal
risk factors of the individual.
"The use of a validated risk and needs assessment tool helps
support data-driven decision making. While risk and needs
assessments can help to make better supervision and referral
choices, collaboration with community partners is also
important to ensure quality, availability, and capacity of
programs in their community. Criminal justice research has
shown that combining probation monitoring with effective
treatment will yield the greatest recidivism reduction."
4)Current Legislation : SB 210 (Hancock) authorizes a local
government agency to conduct a pretrial investigation report
to determine the defendant's potential threat to public safety
and probability of making future court appearances. Any such
report must include the results of an evidence-based risk
assessment, as defined. SB 210 is at the Assembly Desk.
REGISTERED SUPPORT / OPPOSITION :
Support
Californians for Safety and Justice (Sponsor)
California Catholic Conference of Bishops
California Police Chiefs Association
Chief Probation Officers of California
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744