AB 109 Public Safety Realignment

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AB 109Public Safety Realignment
Overview
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AB 109 Local custody for non-violent,
non-serious, non-sex offenders Changes to State
ParoleLocal Postrelease SupervisionChanges to
Juvenile Offenders to DJJLocal Planning
(Executive Committee)
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Community Corrections PartnershipShall
recommend local plan to the county board of
supervisors for the implementation of the 2011
public safety realignment.Executive committee
Chief Probation Officer (Chair)A Chief of
PoliceSheriffA County Supervisor or
CAODirector of Social Services
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When Does it BeginProspectively applied after
July 1, 2011 or upon funding. operative no
earlier than July 1, 2011, and only upon creation
of a community corrections grant program to
assist in implementing this act and upon an
appropriation to fund the grant
program.(Section 636)
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Who is sentenced to local custody?

• Revises the definition of felony to include
  certain crimes that are punishable in jail for
  more than one year.
• Maintains length of sentences.
• Time served in jails instead of prisons
• Non-violent offenders
• Non-serious offenders
• Non-sex offenders

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Additional Features Under AB 109

• 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-for-day).
• Prospective from July 1, 2011.

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Who is Sentenced to State Prison?

• 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
• Note excluded crimes are those for which
  a defendant can still be committed to state
  prison.

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The 44

• Excluded from serving time locally
• Refer to Handout for list of offenses

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The 44 Offenses
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Sentences that must be served in State
PrisonExamples of the 44 non-serious,
non-violent, non-sex offenses that would be
required to serve time in prison felony physical
abuse of an elder or dependent, assault on a
peace officer, and bribing a legislator.
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Contracting Back

• AB 109 allows counties to contract back with the
  State to send local offenders to state prison.
• Contracting back does not include parole
  revocations.

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Prospectively from July 1, 2011

• No state prison inmates will be transferredto
  county jails.

X
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Postrelease Supervision

• County-level supervision upon release from prison
• Current Non-violent offenders
• Current Non-serious offenders
• Sex offenders
• Does NOT include
• 3rd strike
• Individuals with a Serious Commitment Offense
• Individuals with a Violent Commitment Offense
• High risk sex offenders as defined by CDCR

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Postrelease SupervisionBoard of Supervisors
designate a county agency to be responsible for
Postrelease Supervision.CDCR must notify
counties who is being released on postrelease
supervision.
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Postrelease Supervision (continued)

• Allows revocations up to 12 months
• Graduated sanctions including flash incarceration
  at the local level (revocations lasting longer
  than 14 days require a court hearing).
• Courts may adjudicate violations and new
  conditions of release at the local level.

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Postrelease Supervision (continued)

• Specifies CDCR shall have no jurisdiction over
  any person who is under postrelease community
  supervision and no person shall be returned to
  prison except for persons previously sentenced to
  a term of life (and only after a court order).

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State Parole Supervision

• Commitment offense
• Current serious or violent felony as described in
  PC 1192.7 (c) or 667.5(c)
• The offender has been convicted of a third strike
• Or the person is classified as a high risk sex
  offender.

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State Parole SupervisionSpecifies CDCR
continues to have jurisdiction over all offenders
on state parole prior to July 1, 2011
implementation.
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State Parole SupervisionParole revocations will
be served in county jail not in state
prison.Contracting back from the state for
revocations is not an option.Only persons
previously sentenced to a term of life can be
revoked to prison.
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State Parole Supervision Replaces BPH with the
courts as the authority for determining
revocations.BPH will continue to do lifer
hearings, medical parole, and MDO/SVP cases.
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State Parole SupervisionFor the remaining low
level offenders on parole after implementation of
realignment, parole has the authority to
discharge after six months if no violations have
occurred.
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Juvenile Justice

• Limits future juvenile court commitments to DJJ
• Counties must have MOU with State
• Prospectively from July 1, 2011