Realignment – AB 109 and AB 117

1. Realignment – AB 109 and AB 117 July CPOC Meeting

2. 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

3. Non, Non, Nons – N3 • 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: • Non-violent offenders • Non-serious offenders • Non-sex offenders

4. Options for N3 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.

5. Non, Non, Non Receiving Local Disposition

6. Options for N3 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-for-day). • 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

7. 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.

8. 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

9. 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

10. 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

11. 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

12. 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

13. Parole Violations • BPH will retain authority over parole until July 1, 2013 • Violations will still be served in jail starting October 1, 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

14. 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

15. Community Corrections Partnerships (CCP) • AB 117 clarifies the composition and the powers of the Executive Committee • New Composition: • 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

16. 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