BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 109|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 109
          Author:   Assembly Budget Committee
          Amended:  3/14/11 in Senate
          Vote:     27 - Urgency

           
          PRIOR VOTES NOT RELEVANT


           SUBJECT  :    Budget Act of 2011:  Public safety realignment

           SOURCE  :     Author


           DIGEST  :    This bill makes statutory changes that are 
          necessary to implement provisions of the Budget Bill 
          related to realignment of certain low level offenders, 
          adult parolees, and juvenile offenders from state to local 
          jurisdiction.

           Senate Floor Amendments  of 3/14/11 delete intent language 
          and inserts language constituting the bill relative to the 
          realignment of specified low level offenders.

           ANALYSIS  :    This bill is related to the realignment of 
          certain low level offenders, adult parolees, and juvenile 
          offenders from state to local jurisdictions.  It contains 
          provisions necessary to implement the 2011-12 budget, 
          including these key changes:

              1.   Local Custody for Specified Felony Convictions  .  
               Existing law provides that a felony is a crime that is 
               punishable by death or imprisonment in state prison.  
                                                           CONTINUED





                                                                AB 109
                                                                Page 
          2

               This bill revises this definition of a felony to 
               include certain crimes that are punishable in jail for 
               more than one year.  Further, this bill amends Penal 
               Code section18 to provide that every offense declared 
               to be a felony where the punishment does not specify 
               imprisonment, as enumerated, shall be punishable 
               pursuant to a new subdivision in Penal Code section 
               1170, concerning determinate sentencing.  That new 
               subdivision (Penal Code section 1170(h)) provides that 
               a felony shall be punishable in county jail for the 
               term applicable under current law - either 16 months, 
               two or three years, or for the term otherwise provided 
               in the underlying criminal statute - except in the 
               following categorical cases, in which case, an 
               executed sentence for a felony shall be served in 
               state prison:

                           Where the defendant has a prior or 
                    current felony conviction for a serious felony 
                    (as described in section 1192.7(c)) or violent 
                    felony (as described in section 667.5(c));
                           Where the defendant is required to 
                    register as a sex offender, as specified; or
                           Where the defendant has a current 
                    conviction for specified crimes exempted from 
                    these provisions.

              1.   Electronic Monitoring Options for Jail Inmates  .  
               Provides expanded authority to county correctional 
               administrators to use home detention electronic 
               monitoring programs to supervise jail inmates, 
               including those that would be realigned to local 
               jurisdiction under this bill and those being held in 
               lieu of bail.  Provides that an escape or escape 
               attempt made by an inmate on a home detention 
               electronic monitoring program is a felony offense.

              2.   Local Partnership Plan  .  Existing law establishes 
               local Community Corrections Partnerships in each 
               county with membership primarily comprised of 
               officials from various law enforcement and service 
               provider agencies.  This bill requires the Community 
               Corrections Partnerships in each county to recommend 
               to its county board of supervisors a plan for how to 

                                                           CONTINUED





                                                                AB 109
                                                                Page 
          3

               implement the 2011 public safety realignment.  The 
               bill further establishes an executive committee 
               comprised of specified members of the partnership for 
               purposes of developing the plan which may include 
               recommendations to maximize the effective investment 
               in evidence-based correctional sanctions and programs.

              3.   Ability to Contract for State Prison Beds.   Permits 
               counties to contract with the California Department of 
               Corrections and Rehabilitation for purpose of housing 
               felony offenders.

              4.   Credits.   Provides that jail inmates can earn up to 
               two days of credits toward their sentence for every 
               four days served based on good behavior, consistent 
               with credit levels for prison inmates.

              5.   Maintains State Parole for Specified Offenders.   
               Continues to require state parole supervision for 
               those offenders already released from state prison and 
               on state parole at the time the bill takes effect.  
               For these offenders who would otherwise qualify for 
               post-release supervision under this bill, provides for 
               discharge from parole based on criteria similar to 
               that provided for those offenders placed on 
               post-release supervision under this bill.  Further 
               requires state parole supervision for offenders 
               released from state prison whose current conviction is 
               for a serious or violent offense, those who are third 
               strikers, and those who are High Risk Sex Offenders.  
               For those offenders released to state parole after the 
               effective date of this bill, the terms of their parole 
               supervision are unchanged from current law, except for 
               some sex offenders, the parole period is increased by 
               six months.
            
              6.   Post-Release Supervision - Realignment of Certain 
               Adult Parolees.   Requires that after July 1, 2011, all 
               offenders released from prison who do not have current 
               convictions for serious or violent felonies, who are 
               not third strikers, and who are not High Risk Sex 
               Offenders will be subject to post-release supervision 
               by counties rather than subject to state parole 
               supervision.  The county agency responsible for 

                                                           CONTINUED





                                                                AB 109
                                                                Page 
          4

               post-release supervision is to be determined by the 
               county boards of supervisors.  The bill states that 
               post-release supervision shall be consistent with 
               evidence-based practices demonstrated to reduce 
               recidivism.  The bill further sets terms and 
               conditions for offenders on post-release supervision 
               and provides the agency responsible for post-release 
               supervision with the authority to determine additional 
               terms and conditions, as well as determine appropriate 
               incentives, treatment and services, and graduated 
               sanctions.  Offenders would be on post-release 
               supervision for up to three years with earlier 
               discharge allowed if recommended by the supervising 
               agency and approved by the court, including following 
               six consecutive months without a violation of the 
               terms and conditions of post-release supervision.

              7.   Revocation Decisions by Courts.   Requires that for 
               all offenders subject to state parole or post-release 
               supervision who commit a violation of the terms and 
               conditions of parole or post-release supervision after 
               this bill goes into effect be subject to revocation 
               decisions by the courts.  For those offenders who 
               commit a parole violation and are awaiting a 
               revocation proceeding prior to this bill taking 
               effect, they will continue to be subject to revocation 
               by the Board of Parole Hearings.  In addition to 
               revocation, courts are authorized to modify terms and 
               conditions, add additional terms and conditions, and 
               terminate supervision of those under its jurisdiction 
               based on violations.

              8.   Revocation Terms Served in Jails.   Requires 
               revocation time for parolees and those on post-release 
               supervision, except for those offenders who served 
               life terms in prison, to be served in county jails 
               rather than state prison.  These offenders can be 
               revoked for up to twelve months, though the bill 
               encourages the use of flash incarceration.  Offenders 
               who served life terms in state prison will continue to 
               be returned to state prison to serve any revocation 
               terms of longer than 30 days.

              9.   Contracting for State Juvenile Justice Beds.   

                                                           CONTINUED





                                                                AB 109
                                                                Page 
          5

               Authorizes counties to enter into contracts with the 
               state to provide for the admission of juvenile 
               offenders to the Division of Juvenile Justice (DJJ).  
               Only those counties that enter into contracts with the 
               state may send juvenile offenders to DJJ.  Only those 
               juvenile offenders adjudicated for crimes for which 
               they could currently be sent to state DJJ facilities 
               would be eligible to come to DJJ under this bill.
        
              10.  Operative Date of July 1, 2011.   The changes in 
               this bill shall be applied prospectively beginning 
               July 1, 2011.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  Yes



          RJG:nl  3/14/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

                                ****  END  ****






















                                                           CONTINUED