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A presentation to the Yuba County Board of Supervisors from the Yuba County Community Corrections Partnership

September 20, 2011 Criminal Justice Realignment OCTOBER 1, 2011 . A presentation to the Yuba County Board of Supervisors from the Yuba County Community Corrections Partnership. The Intent of Realignment …. Reduce the California prison population to comply with the US Supreme Court Ruling

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A presentation to the Yuba County Board of Supervisors from the Yuba County Community Corrections Partnership

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  1. September 20, 2011 Criminal Justice Realignment OCTOBER 1, 2011 A presentation to the Yuba County Board of Supervisorsfrom the Yuba County Community Corrections Partnership

  2. The Intent of Realignment… • Reduce the California prison population to comply with the US Supreme Court Ruling • Reduce State spending • Hopefully, reduce recidivism

  3. How will this be done? • “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

  4. The Standard: Evidence Based Practices Demonstrated by scientific research to reduce recidivism among individuals on Probation, Parole and Post Release Community Supervision PC 17.5(a)(9)

  5. How will this be done in reality • 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. • 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.

  6. Which Offenders are Affected?

  7. Pre-Release

  8. PC 1203.018: Electronic Surveillance in Lieu of Bail • 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

  9. PC 1203.018: Electronic Surveillance in Lieu of Bail • 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

  10. Realignment of Categories of Felony Crimes and Punishment

  11. Definition of Felony • 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.

  12. A New Definition – The “Non/Non/Non” Felonies • 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, non- serious, and non-sex offender registerible

  13. PC 1170(h): Non/Non/Nons 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

  14. Something totally new…the Split Sentence Option for “N3”s • 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

  15. Sentencing Possibilities under the Split Sentence Option • 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

  16. An Example of the Split Sentence Option Auto theft – 3 YEAR MAX Auto theft – 3 year max Example Option #2: 2 years jail + 1 year Mandatory Supervision 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 Example Option #1: 1 year Jail + 2 years Mandatory Supervision • 1 year Jail = 6 actual months custody • 2 years Mandatory Supervision • Net actual duration of 30 months under the jurisdiction of the local correctional system

  17. Exceptions to Non/Non/Non Sentencing: Local Prison Disqualifiers • 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, Ex-Felon with a gun, DUI with injury, Felony Evading a Peace Officer, Escape…

  18. So, where will a convicted felon serve a term of imprisonment? Prison COUNTY JAIL Any other felony • 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 Unless Sheriff decides to pay the state to house the inmate pursuant to PC 2057

  19. PC 1203.016 / PC 1203.017:Home Detention • 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…)

  20. Post Release Community Supervision and Parole

  21. Who will supervise an offender released from state prison after October 1? CDCR Parole Supervision 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 • 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!

  22. Post Release Community Supervision • 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

  23. What about Parole? • 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

  24. Where will offenders serve Parole revocations? CDCR – State prison County Jail One Strike Prior 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 • Lifer • Three Striker • Murder • Certain Sex Crimes

  25. Future of ParoleJuly 1, 2013 • 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

  26. Practical Implications for Yuba County…

  27. Why You Should Care… 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

  28. The Straightforward Tasks 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... • 78 sentenced to local prison commitments in the first year, with an estimate of 94 under sentence at any one time by Year Four • 18 Parole and Post Release Community Supervision violators in jail on revocations in the first year, with an estimate of 19 incarcerated at any one time by Year Four • 106 Postrelease community supervision

  29. The Straightforward Tasks Analyze the Alternatives to Incarceration • What are the various risk levels, and how should alternatives to incarceration be best used? • What existing programs do we have, and how can they be expanded? • 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

  30. Retooling What We Do…- The Realignment Plan • 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

  31. The Yuba County Realignment Plan- Implementation Goals • 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

  32. Unanticipated consequences • 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

  33. The Future is Here in 10 Days… "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

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