BILL ANALYSIS Ó
AB 884
Page 1
Date of Hearing: May 3, 2013
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 884 (Bonilla) - As Introduced: February 22, 2013
As Proposed to be Amended in Committee
SUMMARY : Allows county boards of parole to impose parole terms
of up to three years on jail inmates instead of the current
maximum two-year terms.
EXISTING LAW :
1)Provides for county parole programs. [Penal Code Sections
3074-3081.]
2)Requires each county parole board to establish written rules
and regulations for inmates serving county-jail sentences to
apply for parole. [Penal Code Section 3076(b).]
3)Allows the sentencing judge to deny parole eligibility at
sentencing if the time to be served in county jail is a
condition of felony probation. [Penal Code Section 3076(b).]
4)Permits the parole applicant to appear and to speak on his or
her own behalf at the hearing at which the application is
being considered by the county parole board. [Penal Code
Section 3079(b).]
5)Authorizes only the county parole board to grant or deny
parole; but allows the sentencing judge to make recommendation
regarding the application. The board should give the
recommendation careful consideration. (Penal Code Sections
3078 and 3079.)
6)Limits the term of county parole to two years. [Penal Code
Section 3081(b).]
7)Limits the term for state parole to five years in the case of
inmates imprisoned for a life term for an offense other than
first or second degree murder, and to three years for all
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other inmates. [Penal Code Section 3000(b).]
8)Limits the term for post release community supervision to
three years. [Penal Code Section 3451(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 884
strengthens the parole oversight authority of county parole
boards and allows for additional flexibility in the county
board oversight of non-violent, non-sexual, non-serious
parolees."
2)County Parole : Any inmate confined in, or committed to, a
county or city jail, a work furlough facility, an industrial
farm, or an industrial road camp for any criminal offense is
able to apply for county parole. (Penal Code Section 3076.)
The purpose of the parole system is to assist county jail
inmates to reintegrate into society as constructive
individuals as soon as they are able. (Penal Code Section
3074.) Since inmates are not confined for the full term of
their sentences, the program also alleviates the cost of
keeping the inmates in jail.
According to the California State Sheriffs' Association, the
sponsor of this bill, very few counties are currently
utilizing county parole. Of the counties that do, they
require a minimum part of the sentence to have been served
before considering an application for county parole.
Currently, county parole may be granted for up to two years with
conditions that are deemed fit by the board. [Penal Code
Section 3081(b).] Inmates placed on county parole are
supervised by a parole officer of the county board of parole
commissioners. (Penal Code Section 3088.)
When it is believed that a parolee has violated the conditions
of his or her supervised release, the written order of the
parole board is considered sufficient warrant to authorize
officers to return the parolee to custody. [Penal Code
Section 3081(c).] In addition, a parolee who leaves the
county can be imprisoned as an escapee. (Penal Code Section
3080.)
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Each county parole board consists of the sheriff, or his or
her designee; the probation officer, or his or her designee;
and a member of the public chosen by the presiding judge of
the superior court. The public member must be an individual
who does not hold public office. (Penal Code Section 3075.)
3)Need for This Bill : 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.
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).
Previously, the only people serving county-jail sentences were
misdemeanants and felons sentenced to probation required to
serve time in the county jail as a condition of probation.
As a result of the increased jail population, there are more
inmates who may wish to apply for county parole. This bill
allows the local parole board to require a longer term of
supervision in cases where parole is granted.
4)Argument in Support : According to the California State
Sheriffs' Association (the sponsor of this bill), "AB 884 is
an important measure that will allow additional flexibility to
counties to help manage their jail and offender population."
5)Argument in Opposition : According to the California Attorneys
for Criminal Justice (CACJ), "This bill strikes CACJ as a
legislative solution in search of a problem. Courts and
county officials currently possess the necessary tools to
monitor inmates released under supervision and to alleviate
issues with jail overcrowding that may arise because of the
continuing implementation of realignment. Moreover, this bill
may have the unintended consequence of undermining courts'
well-consider decisions to structure sentences in a manner
that best effectuates the 'evidence based' approach to
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criminal confinement and supervision established by AB 109.
Finally, the bill seeks to implement a regime of county parole
that is infrequently used in many counties, and is not
necessarily funded under realignment. By doing so, the bill
threatens to overburden counties with unfunded supervision of
criminal populations transferred to county jails under AB 109.
"We believe there is no need to pass a bill that increases the
ability of county parole boards to parole inmates serving time
in county jail. Current law provides substantial flexibility
to supervise inmates released from county jail prior to the
expiration of their jail terms and for courts and jails to
alleviate problems associated with inmate overcrowding. AB
109 provides alternatives to parole by way of supervision by
the probation department for a portion of the county jail term
imposed by the court. (See Penal Code section 1170(h)(5)(B)(i)
(courts allowed to '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'). Similarly Penal Code section 1170(h)(4)
specifically provides that '[n]othing in this subdivision
shall be construed to prevent other dispositions authorized by
law, including pretrial diversion, deferred entry of judgment,
or an order granting probation pursuant to Section 1203.1.')
Current law also allows county sheriff's broad power to
releasing inmates under electronic monitoring. (See Penal
Code 1203.018)."
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association (Sponsor)
Alameda County Sheriff's Office
Chief Probation Officers of California
Contra Costa County Sheriff's Office
Crime Victims United
Lassen County Sheriff's Office
Orange County Sheriff's Office
Santa Barbara County Sheriff's Office
Santa Cruz County Sheriff's Office
Shasta County Sheriff's Office
Solano County Sheriff's Office
AB 884
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Yolo County Sheriff's Office
Opposition
California Attorneys for Criminal Justice
California Public Defenders Association
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744