Transcript Realignment – AB 109 and AB 117 - Chief Probation Officers of

July CPOC Meeting
Key Changes to AB 109
 AB 109 is modified by AB 117
 Realignment is now operative on October 1, 2011
(budget also establishes the community corrections
grant program and funds it on this date)
 All changes PROSPECTIVE (including credits) except
for CCP planning
 “AB 109 Allocations” are intended to cover the non,
non, nons sentenced to local custody, post-release
community supervision, and parole violators stay in
county jail
Non, Non, Nons –
3
N
 Who stays local:
 Revises the definition of felony to include
certain crimes that are punishable in jail for
more than one year.
 Time served in jails, probation, or alternative
custody instead of prisons:
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Non-violent offenders
Non-serious offenders
Non-sex offenders
Options for
3
N at
Sentencing
 Jail instead of prison for the same period of time
 Felony probation
 Jail, early release to alternative custody
 Split sentence – imposed sentence of combined jail
time with the remainder on mandatory probation
 Imposed sentences (everything but felony probation)
prison prior attaches
 Split sentences cannot be longer than the original
sentence when combining custody and supervision
time.
Non, Non, Non Receiving Local Disposition
Options for
3
N after
Sentencing
 Enhanced local custody and supervision tools:
 Alternative custody tools for county jails
 Home detention for low-level offenders
 Local jail credits like current prison credits (Day-forday).
 Counties may contract for beds:
 With CDCR (costs still to be set)
 With other counties
 With public CCF’s (Community Correctional Facilities)
 MAY NOT contract back parole revocations
State Prison Eligible
The following sentences must be served in state prison:
 Prior or current serious or violent felony as described
in PC 1192.7 (c) or 667.5 (c)
 The defendant is required to register as a sex offender
pursuant to PC 290
 Excludes certain other specified crimes (now about 60)
Note: “excluded crimes” are those for which a
defendant can still be committed to state prison.
Post Release Community
Supervision (PRCS)
 Who will be under local supervision:
 Current non-violent , non-serious offenders (can have serious
or violent offenses in history)
 Some Sex offenders
 Former NRP’s
 Who remains on State Parole:
 3rd strikers
 Individuals with a current violent or serious commitment
offense
 High risk sex offenders as defined by CDCR
 Mentally Disordered Offenders (MDO’s)
 Anyone on parole prior to October 1, 2011
Post Release Community
Supervision (PRCS)
 Board of Supervisors must designate the county
agency responsible to supervise PRCS and inform
CDCR by August 1, 2011
 CDCR must notify counties who is being released at
least 30 days prior (however there will be more about
this process and information sharing)
 Revocations will be handled by local courts starting
October 1, 2011
PRCS Supervision and Revocations
 Supervision levels and case plan determined by
supervision agency
 Statutory general conditions
 Consider sending specific conditions to CDCR prior to
release
 Graduated sanctions including flash incarceration at the
local level up to 10 consecutive days
 Revocations capped at 180 days (jail only, no return to
prison)
 May discharge as operation of law after six months
without violations
PRCS Administrative Process
 AB 117 significantly narrows the courts’ involvement to only
the final revocation process
 Courts will be authorized to appoint hearing officers for
the final revocation hearings
 The supervising agency will have the authority to handle all
intermediate sanctions without court involvement, up to
and including flash incarceration
 Must establish a review process for assessing and refining
conditions
 AOC is to adopt forms and rules of court to handle the final
revocation and termination hearings
 Modify conditions; revoke to jail for up to 180 days; refer to
reentry court
PRCS Discharge Process
 Discharges by operation of law at the end of 3 years
 May discharge after consecutive 6 months of no
violations
 Must discharge after a continuous year served with no
violations
 Courts WILL NOT be involved in the discharge process
for either PRCS or Parolees
Parole Violations
 BPH will retain authority over parole until July 1, 2013
 Violations will still be served in jail starting October 1,
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


2011
Same sanctions available to PRCS, flash incarceration
in the jail for up to 10 days
Revocations capped at 180 days
Only persons sentenced to a term of life can be
revoked back to state prison
Post July 1, 2013 the revocation process will work the
same for parolees as it does for PRCS
DJJ Future
 DJJ – goes back to status quo, you can continue to send
wards to DJJ however there is a cost per ward of
125,000 that may “trigger” in the budget if revenues
don’t materialize
 There will be another bill, to make all the necessary
statutory changes
 There will be continued discussions through the
summer about the future of DJJ
Community Corrections
Partnerships (CCP)
 AB 117 clarifies the composition and the powers of the Executive
Committee
 New Composition:

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CPO (chair)
Sheriff
Police Chief
DA
Public Defender
Judge (or his or her designee)
One appointment by the Board of Supv. of either DSS, MH, or ADP
 The plan is deemed accepted unless rejected by BOS by a 4/5ths
vote
 Brown Act
 Planning Grants $100,000-$200,000 within the next 30 days
Board of State and Community
Corrections
 July 1, 2012 CSA will be eliminated and replaced with
the BSCC
 All CSA duties (except for CPOST) will go to the BSCC
and some CCCJ and Office of Gang Policy Violence
which are also eliminated
 Moved out of CDCR – independent board
 12 member board, chair is the Secretary of Corrections
and Vice Chair selected by board from Sheriff or CPO
appointments
 Other members: 2 CPO’s; 2 Sheriffs; Adult Parole Div
Director; BOS; Police Chief; Public member; Judge; CBO
for adult programs; and CBO for juvenile programs