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