BILL ANALYSIS Ó AB 1156 Page 1 ASSEMBLY THIRD READING AB 1156 (Brown) As Introduced February 27, 2015 Majority vote -------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | |----------------+------+----------------------+---------------------| |Public Safety |6-0 |Quirk, Gonzalez, | | | | |Jones-Sawyer, Lackey, | | | | |Low, Santiago | | | | | | | |----------------+------+----------------------+---------------------| |Appropriations |12-4 |Gomez, Bloom, Bonta, |Bigelow, Gallagher, | | | |Calderon, Daly, |Jones, Wagner | | | |Eggman, Eduardo | | | | |Garcia, Holden, | | | | |Quirk, Rendon, Weber, | | | | |Wood | | -------------------------------------------------------------------- SUMMARY: Takes various provisions of law relating to persons convicted of a felony and sentenced to the state prison, and applies them to persons convicted of a felony and sentenced to a 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 AB 1156 Page 2 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. 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. AB 1156 Page 3 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. EXISTING LAW: 1)Provides when a defendant has been sentenced to be imprisoned in the state prison and has been committed to the custody of the secretary, the court may, within 120 days of the date of commitment on its own motion, or at any time upon the recommendation of the secretary of the California Department of Corrections and Rehabilitation (CDCR) or the Board of Parole Hearings (BPH), recall the sentence and commitment 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 initial sentence. The court resentencing under this subdivision shall apply the sentencing rules of the Judicial Council so as to eliminate disparity of sentences and to promote uniformity of sentencing. Credit shall be given for time served. 2)States that any case in which the amount of pre-imprisonment credit exceeds any sentence imposed, the sentence shall be deemed to have been served, and the defendant shall not be delivered to the custody of the secretary of CDCR. The court shall advise the defendant that he or she will serve a period of parole, and order the defendant to report to the parole office closest to the defendants last legal residence, unless the in-custody credits exceed the total sentence, including both confinement time and parole. 3)Provides that if the secretary of CDCR or the BPH, or both, determine both that the prisoner has six months or less to live and the conditions under which the prisoner would be released do AB 1156 Page 4 not pose a threat to public safety, the CDCR director or BPH may recommend to the court that the prisoner's sentence be recalled. 4)Provides that the court shall have discretion to recall or re-sentence if the court finds both that the prisoner has six months or less to live and the conditions under which the prisoner would be released do not pose a threat to public safety. 5)Requires the court to hold a hearing to consider whether a prisoner's sentence should be recalled within 10 days of receipt of a positive recommendation by the CDC director or BPT. 6)States the Judicial Council shall seek to provide uniformity of sentencing by: a) The adoption of rules providing criteria for the consideration of the trial judge at the time of sentencing regarding the court's decision to: i) Grant or deny probation; ii) Impose the lower or upper term; iii) Impose concurrent or consecutive sentences; iv) Determine whether or not to impose an enhancement when an enhancement is permitted by law; v) Deny a period of mandatory supervision in the interests of justice, or determine the appropriate period and conditions of mandatory supervision. AB 1156 Page 5 7)Provides that any person convicted of a felony who has been released from a state prison or other state penal institution or agency in the estate of California, whether discharged on completion of the term for which he or she was sentenced or released on parole, who has not been incarcerated in a state prison or other state penal institution or agency since his or her release, and who presents satisfactory evidence of a three year residence in this state immediately prior to the filing of the petition for a certificate of rehabilitation and pardon may file the petition as specified. FISCAL EFFECT: According to the Assembly Appropriations Committee: 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: 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 of the system and save the taxpayers money. " Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0000387 AB 1156 Page 6