Transcript CHUCKY MYERS

September 20, 2011
Criminal Justice Realignment
OCTOBER 1, 2011

Reduce the California
prison population to
comply with the US
Supreme Court
Ruling
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Reduce State
spending
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Hopefully, reduce
recidivism
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“Realign” low level felony offenders from the
State correctional system to a locally run
community based corrections program,
which will utilize community based
punishment, evidence based practices, and
improved supervision strategies to improve
public safety
Demonstrated by scientific research to
reduce recidivism among individuals
on Probation, Parole and Post Release
Community Supervision
PC 17.5(a)(9)
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By changing the legal definition of over 500 felony
crimes to provide for punishment by local jail time
only and not State’s Prison commitments. The
length of the sentence is the same. There is no
parole when these offenders are released from jail.
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The shifting the supervision of the majority of
Parolees leaving State’s Prison to the Probation
Department instead of State Parole. Parolees who
violate parole do not return to State’s Prison but do
their time in the local jail.
•
Board of Supervisors with DA and Sheriff
to make the rules
•
Misdemeanant housed for over 30 days
awaiting trial
•
Felon housed for over 60 days
awaiting trial
•
No holds or warrants
•
Defendant must agree in writing to comply
with the rules
•
Defendant can go to work, school, and
medical or psych appointments
Does not require
court intervention
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Currently - A Felony is a crime
punishable by death or imprisonment
in the state prison

At sentencing, a judge determines your
eligibility and suitability for a grant of
probation…if probation is denied, the judge
selects a term of imprisonment in State’s
Prison. When you complete that term, you
are released on State Parole.

Post AB 109
 Over 500 felony crimes are amended to provide
that punishment is not by imprisonment in the
State Prison, but instead shall be punished by
imprisonment in the county jail pursuant to PC
1170(h).
 These crimes have been described as the
“non / non / non” felonies, for non-violent, nonserious, and non-sex offender registerible
The term of imprisonment in the county jail is the same
as what the term would have been in State’s Prison…
The change is where the prisoner is housed, not in the
amount of time the prisoner does…
If defendant completes whole term in local custody, he
or she is released with no parole/probation
Applies to anyone sentenced on or after 10/1/2011 for
one of the newly amended felony crimes,
irrespective of when the crime was committed
•
Judge may order the maximum term
possible of confinement,
or
•
May impose sentence that includes a
period of jail time and period of
“mandatory supervision” by the
Probation Department, not to exceed
the maximum possible term

If eligible and suitable, impose a probation
grant for up to 5 years of probation
supervision

Deny probation, and impose a full term
served in the county jail (“county prison”)

Split Sentence: Deny probation, and impose
a portion of term to be served in jail with the
concluding portion served on Mandatory
Supervision
AUTO THEFT – 3 YEAR MAX
AUTO THEFT – 3 YEAR MAX
Example Option #1: 1 year
Jail + 2 years Mandatory
Supervision
Example Option #2: 2 years
jail + 1 year Mandatory
Supervision
 1 year Jail = 6 actual

2 years jail = 12 actual months
in custody

1 year mandatory supervision

Net actual duration of 24
months under the jurisdiction
of the local correctional
system
months custody
 2 years Mandatory
Supervision
 Net actual duration of 30
months under the
jurisdiction of the local
correctional system
 Defendant has Prior “Serious Felony” conviction
 Defendant has Prior “Violent Felony” conviction
 Required to register as a sex offender pursuant
to Penal Code section 290
 Convicted of crime with enhancement pursuant
to PC 186.11 imposed ($1,000,000 theft)
 Defendant’s current crime is one of a limited
number or exempted crimes – such as Domestic
Violence; Physical Child Abuse; Elder Abuse, ExFelon with a gun, DUI with injury, Felony Evading a
Peace Officer, Escape…
PRISON
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Three strikes or other life
sentence
Two strikes sentence
290 Registrant
Current or prior crime on the
“Serious Felony” list
Current or prior crime on the
“Violent Felony” list
Admission of PC 186.11
allegation ($1,000,000 theft)
Current conviction on the
“exempted felony crime” list
COUNTY JAIL

Any other felony
Unless Sheriff decides
to pay the state to
house the inmate
pursuant to PC 2057
•
Sheriff may offer voluntarily or involuntary home
detention to anyone sentenced to a term in jail custody.
Example – full termers and split / hybrid termers serving the
new PC 1170(h) felonies…
•
Board of Supervisors to create rules/regs
•
HD inmates can work, go to school, medical or psych
appointments
•
Unauthorized departures for their schedules can be
punishable as a Felony Escape (a State’s Prison
eligible crime…)
CDCR PAROLE
SUPERVISION
Three strikes
 Life Sentence
 High Risk Sex Offenders
 Current “Serious Felony”
commitment
 Current “Violent Felony”
commitment

Remember: N3s released after serving
full term in county jail are not on PCS.
They are completed unsupervised!
POST COMMUNITY
RELEASE SUPERVISION
 One strike prior
 Low to mid risk sex
offenders
 Exempted felonies
 N3s serving time in state
prison prior to 10/1/11
Supervised by Probation

 Intermediate sanctions (example - 10 days of flash
incarceration; residential rehab; AOWP)

Formal Revocations by the Superior Court
 Petition filed by Probation
 Prosecuted by DA
 Punishment limited to a maximum of 180 days per violation

Length of PCS
 3 years max
 6 months with no violations may be discharged
 12 months with no violation shall be discharged

Who is still on State Parole and supervised by
Parole Agents?
 Serious or Violent committing offense
 Third Strikers
 High Risk Sex Offenders
 MDOs
 Murder/Certain Sex Crimes (PC 3000.1) ***

Revocations
 Served in County Jail (max of 180 days)
 ***Except for Murder/Certain Sex Crimes
CDCR – STATE PRISON

COUNTY JAIL
Lifer

One Strike Prior
 Three Striker

Low to High Risk Sex
Offender

Current 1192.7 or 667.5
crime

Prior 1192.7 or 667.5 crime

Exempted felons sent to
state prison

MDOs
 Murder
 Certain Sex Crimes
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Parole continues to supervise serious/violent
felons, MDOs, three strikes, and high risk sex
offenders
Beginning July 1, 2013, Court will handle
revocations, discharge, modifications and issue
warrants
All court filings and hearings will be handled by the
District Attorney’s Office
Max revocation will be 180 days (90 with credits)
BPH will only remain responsible for
Murder/Certain Sex Offenders released from prison
Realignment is anticipated to be the biggest
public policy change to Public Safety we
will see in our professional lifetimes…
IT WILL

Drive Public Safety policies and operational
resources both here in Yuba County and statewide

Challenge the relationships between county law
enforcement agencies

Affect the expectations our community has of the
Justice System
Determine Capacity – both jail and Probation

Who is already in our local system?

Who will be coming into our local system?
An average of 222 State’s Prison commitments per year over the past 5
years; 166% over the State average rate…
CDCR estimates...
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78
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18 Parole and Post Release Community Supervision violators in jail on
revocations in the first year, with an estimate of 19 incarcerated at any
sentenced to local prison commitments in the first year, with an
estimate of 94 under sentence at any one time by Year Four
one time by Year Four
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106 Postrelease community supervision
Analyze the Alternatives to Incarceration
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What are the various risk levels, and how should
alternatives to incarceration be best used?
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What existing programs do we have, and how can
they be expanded?
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What new programs are available, and what must be
created?
Examples – drug rehabilitation, work training and education,
home detention with electronic monitoring, Day Reporting
Centers

The Yuba County CCP Executive Committee
will propose the Yuba County Realignment
implementation plan to the Board of
Supervisors on 9/27/11)

The Plan is deemed accepted unless
rejected by the Board by a 4/5 vote
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Phased / Incremental Approach
Fiscally Conservative
Sheriff/Probation Partner Where Possible
Maintain ICE Bed Space
Immediate Needs
 Prepare for new “local prison” commitment and Post
Release Community Supervision Population
 Day Reporting Center / Transfer and Expand AOWP
 Pre-Trial and Post-Conviction Electronic Monitoring
 Data Collection & Evaluation
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No Room at the Inn - how do we react?
Ensuring Crime Victim’s Constitutional
Rights under Marsy’s Law
Funding – Like what happens next year?
Lots of future litigation (i.e. will those prison
lawsuits become county lawsuits, etc.)

Changing the way we do business
"Clearly the successful implementation of realignment will
require a significant paradigm shift in our public safety
communities. The successful model will not be an
incarceration model, but one that seeks to divert and
rehabilitate citizens, returning them to be productive members
of our community. Hopefully, the construct of the CCP - that is
intended to drive the local public safety community to a
consensus about a "different way of doing business" - will
ultimately lead to that approach.“
Paul McIntosh; Executive Director; CSAC