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Realignment – AB 109 and AB 117

Realignment – AB 109 and AB 117. 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)

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Realignment – AB 109 and AB 117

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  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

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