BILL ANALYSIS Ó
AB 1156
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1156 (Brown) - As Introduced February 27, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill makes various provisions of law, relating to persons
convicted of a felony and sentenced to the state prison,
applicable to persons convicted of a felony and sentenced to a
AB 1156
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county jail under the 2011 Realignment Act. Specifically, this
bill:
1)Clarifies that in any case where the pre-imprisonment credit
of a person sentenced to the county jail under the 2011
Realignment Act exceeds any sentence imposed, the entire
sentence shall be deemed to have been served, except for the
remaining portion of mandatory supervision, and the defendant
shall not be delivered to the custody of the county
correctional administrator.
2)Provides that when a defendant is sentenced to the county jail
under the 2011 Realignment Act, the court may, within 120 days
of the date of commitment on its own motion, or upon the
recommendation of the county correctional administrator,
recall the sentence previously ordered and resentence the
defendant in the same manner as if he or she had not
previously been sentenced, provided the new sentence, if any,
is no greater than the original sentence.
3)Requires the Judicial Council to adopt rules providing
criteria for the imposition of the lower, or upper term, and
determine the county or jurisdictional territory when the
court is imposing a concurrent or consecutive sentence under
the 2011 Realignment Act upon a person previously sentenced to
the county jail under the 2011 Realignment Act in another
county or jurisdictional territory.
4)Extends provisions related to the compassionate release of a
state prison inmate, who is terminally ill, to an inmate
sentenced to a county jail under the 2011 Realignment Act.
5)Clarifies that a person released from the state prison on post
release community supervision shall be supervised by the
probation department of the county to which the person is
released, and requires that the inmate be informed of his or
her duty to report to the county probation department upon
release.
AB 1156
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6)Extends the right to petition for a certificate of
rehabilitation and pardon to persons convicted of a felony and
sentenced to a county jail under the 2011 Realignment Act.
Makes additional non-substantive changes, conforming changes,
and deletes obsolete provisions.
7)Provides that a person shall not be subject to prosecution for
a non-felony offense arising out of a violation in the
California Vehicle Code, with the exception of Driving under
the Influence (DUI), that is pending against him or her at the
time of his or commitment to a county jail under the 2011
Realignment Act.
FISCAL EFFECT:
1)Moderate nonreimbursable costs to the counties for the various
permissive activities authorized. The magnitude of the costs
will depend on the counties that choose to participate in the
permissive activities. Some savings will be realized if terms
of confinement in county jails are reduced.
2)Minor absorbable costs to the Judicial Council to adopt a Rule
of Court.
COMMENTS:
Purpose and Background. According to the author, "AB 1156
eliminates discrepancies and inconsistencies in treatment
between felons sent to prison and felons sent to county jail
under Realignment that were not addressed in the original or
subsequent legislation. These inconsistencies are unnecessary,
unfair, and costly. Their elimination will enhance the fairness
AB 1156
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of the system and save the taxpayers money. "
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081