BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1156 (Brown) - Imprisonment in county jail ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 27, 2015 |Policy Vote: PUB. S. 5 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1156 would apply numerous sentencing statutes and rules applicable to state prison sentences to felony sentences imposed under criminal justice realignment (2011 Realignment Act), as specified. Fiscal Impact: Minor one-time costs (General Fund*) to the Judicial Council to adopt rules of court. Minor to moderate ongoing local costs, potentially in excess of $50,000 to $100,000 (General Fund**) statewide for local law enforcement agencies to provide written notification to persons released or discharged from mandatory supervision or AB 1156 (Brown) Page 1 of ? PRCS of the eligibility and procedures for a certificate of rehabilitation and pardon. Workload to provide notification would vary by county and be dependent on the method of implementation of the mandate. To the extent the increased costs to local agencies are not considered realigned "public safety services" under 2011 Realignment, local agencies could potentially claim reimbursement for these state-mandated costs. Potential net cost savings (Local Fund/General Fund**) to the counties for other activities authorized and prescribed. Potential cost savings will be realized to the extent county jails terms are reduced under the resentencing, compassionate release, and credit earning provisions of this measure. *Trial Court Trust Fund **Proposition 30 Background: In response to the federal court order requiring the state to reduce the level of overcrowding in its prisons, the state enacted criminal justice realignment in 2011 through AB 109 and AB 117. Under the 2011 Realignment Act, newly-convicted low-level offenders without current or prior serious or violent offenses, or offenses requiring registration as a sex offender, serve their sentences in county jail instead of state prison. Additionally, parole violators, with specified exceptions, are returned to county jail instead of state prison. This bill seeks to provide clarity and conformity under numerous provisions of law to ensure felons formerly sentenced to prison that are currently sentenced to county jail or supervised at the county level under the 2011 Realignment Act are afforded consistent treatment with regard to sentencing, notification, and eligibility for specified programs. Proposed Law: This bill would apply numerous sentencing statutes and rules applicable to state prison sentences to felony sentences imposed under criminal justice realignment, as follows: 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 AB 1156 (Brown) Page 2 of ? 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. 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. For felonies punishable pursuant to PC § 1170(h) subject to a sentencing triad, requires the court to sentence the defendant to one of the terms specified, unless the defendant is given any another disposition provided by law, as specified. Requires the Judicial Council to adopt rules providing criteria for the imposition of the lower, middle, or upper term at the time of sentencing (until January 1, 2017), and imposition of the lower or upper term at the time of sentencing (commencing January 1, 2017), consistent with state prison sentencing provisions of law. Requires the Judicial Council to 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. 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. 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. 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. Requires the local law enforcement agency to provide written notice to persons prior to discharge or release on PRCS or mandatory supervision from a county jail of the person's right to petition for, and of the procedure for filing the petition AB 1156 (Brown) Page 3 of ? for and obtaining, a certificate of rehabilitation and pardon. Provides that a person shall not be subject to prosecution for a non-felony offense arising out of a violation of the 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. Related Legislation: AB 109 (Committee on Budget) Chapter 15/2011, enacted the Public Safety Realignment Act of 2011, which among its numerous provisions, revised the place of punishment for various non-serious, non-violent, non-sex felony convictions to be served in county jail instead of state prison. Recommended Amendments: As inmates are released on parole or PRCS by the CDCR and not the local probation agency, staff recommends the following technical amendment to Penal Code 4852.21: (a) A person to whom this chapter applies shall, prior to discharge or release on parole or postrelease community supervision from a state prison or other state penal institution or agency, or prior to discharge or release onpostrelease community supervision ormandatory supervision from a county jail, be informed in writing by the official in charge of the place of confinement of the person's right to petition for, and of the procedure for filing the petition for and obtaining, a certificate of rehabilitation and pardon pursuant to this chapter. -- END --