AB 117 — Criminal justice realignment.

Summary

Existing law provides that certain specified felonies are punishable by incarceration in state prison. If Chapter 15 of the Statutes of 2011 becomes operative, certain of those felonies shall instead be punishable by incarceration in a county jail. This bill would provide that, if Chapter 15 of the Statutes of 2011 becomes operative, certain specified felonies would continue to be punishable by incarceration in state prison. The bill would make other technical changes. Existing law provides that petty theft is a misdemeanor, except that every person who, having been convicted 3 or more times of petty theft, grand theft, auto theft, burglary, carjacking, robbery, or receiving stolen property and having served time in a penal institution therefor, is subsequently convicted of petty theft, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison. Existing law also provides that persons required to register as sex offenders, or with a prior serious or violent felony conviction who have been convicted and imprisoned for the commission of specified crimes, including, among others, petty theft, auto theft, burglary, carjacking, or robbery, are subject to imprisonment in the state prison with one prior qualifying offense, rather than 3. If Chapter 15 of the Statutes of 2011 becomes operative, those provisions subjecting persons to imprisonment in the state prison with one prior qualifying offense would be deleted. This bill would, if Chapter 15 of the Statutes of 2011 becomes operative, restore those provisions subjecting persons to imprisonment in the state prison with one prior qualifying offense and thereby maintain existing law. Existing law provides that, except as specified, when any person is convicted of 2 or more felonies, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same or by a different court, and a consecutive term of imprisonment is imposed under specified provisions, the aggregate term of imprisonment for all these convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements, as specified. This bill would require that whenever a court imposes a term of imprisonment in the state prison, whether the term is a principal or subordinate term, the aggregate term shall be served in the state prison regardless as to whether or not one of the terms requires imprisonment in a county jail pursuant to specified provisions. Existing law provides for the dismissal of criminal actions by the judge or magistrate on his or her own motion or upon the application of the prosecuting attorney, as specified. Existing law, if Chapter 15 of the Statutes of 2011 becomes operative, provides that certain felonies shall be punishable by incarceration in a county jail. This bill would provide that any allegation that a defendant is eligible for state prison due to a prior or current conviction, sentence enhancement, or is required to register as a sex offender shall not be subject to dismissal pursuant to the above-referenced provision. Existing law, amended by Proposition 83, as approval by the voters at the November 7, 2006, statewide general election, provides for the enhancement of prison terms for new offenses because of prior prison terms. Existing law provides that, except as specified, where the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail for more than one year is imposed, in addition and consecutive to any other prison terms therefor, the court shall impose a one-year term for each prior separate prison term or county jail term of more than one year served for any felony. The Legislature may amend the provisions of Proposition 83 by majority vote if the amendments expand the scope of the proposition's application. This bill would expand the scope of the application of Proposition 83 and provide that where the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail for more than one year is imposed or is not suspended, in addition and consecutive to any other prison terms therefor, the court shall impose a one-year term for each prior separate prison term or county jail term of more than one year imposed or when sentence is not suspended for any felony. Existing law, if Chapter 15 of the Statutes of 2011 becomes operative, provides that prisoners on parole shall remain under the legal custody of the Department of Corrections and Rehabilitation but shall not be returned to prison, except as specified. This bill would instead provide that prisoners on parole shall remain under the supervision of the department. The bill would provide that, except as specified, upon revocation of parole, a parolee may be housed in a county jail for a maximum of 180 days. The bill would provide that when housed in county facilities, parolees shall be under the legal custody and jurisdiction of local county facilities and when released from custody, parolees will be returned to the parole supervision of the department for the duration of parole. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. Additionally, the bill would authorize the superior court of any county to appoint as many hearing officers as deemed necessary to conduct parole revocation hearings and to determine violations of conditions of postrelease supervision, as specified. Existing law, if Chapter 15 of the Statutes of 2011 becomes operative, provides that persons released from state prison on or after July 1, 2011, after serving a prison term for a serious or violent felony or specified sex crimes shall be subject to parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county into which the parolee is released. Existing law, if Chapter 15 of the Statutes of 2011 becomes operative, provides specified parole procedures for parolees who are paroled from state prison prior to July 1, 2011. This bill would provide, until July 1, 2013, that those persons who serve a prison term or whose sentence has been deemed served, as specified, for any of the above-referenced crimes, as well as any crime for which the person is required as a condition of parole to undergo treatment by the State Department of Mental Health, shall be subject to parole supervision and jurisdiction of the department. The bill would provide, as of July 1, 2013, the court in the county in which the parolee resides or commits a violation of the terms and conditions of parole shall have the limited jurisdiction to hear petitions to revoke parole and impose a term of custody. The bill would provide that parolees subject to these provisions who are being held for a parole violation in a county jail on October 1, 2011, may, upon revocation, be remanded to the state prison. The bill would make other related changes. Existing law establishes the Parole Reentry Accountability Program for the purpose of promoting public safety, holding parolees accountable, and reducing recidivism. Existing law, pursuant to this program and subject to funding being made available, requires the Secretary of the Department of Corrections and Rehabilitation to enter into a memorandum of understanding with the Administrative Office of the Courts for the establishment and operation of parolee reentry programs. Existing law provides that parolees subject to this program with a history of substance abuse or mental illness who violate their conditions of parole may be referred by the department to a parolee reentry program. This bill would make offenders subject to postrelease supervision as established by the Postrelease Community Supervision Act of 2011 eligible to participate in reentry court programs, as specified. The bill would authorize counties to contract with the Department of Corrections and Rehabilitation in order to obtain day treatment and crisis care services for inmates with mental health problems who are released on postrelease community supervision. Existing law, if Chapter 15 of the Statutes of 2011 becomes operative, creates the Postrelease Community Supervision Act of 2011 to provide that any person released from prison, after serving a term in prison for certain felonies, shall be subject to community supervision provided by a county agency. The act requires the court to establish a process to determine violations of conditions of postrelease supervision. This bill would instead provide that if the supervising county agency has determined that intermediate sanctions are not appropriate, the supervising county agency shall petition the revocation hearing officer to revoke and terminate postrelease supervision. Because the bill would impose additional duties on local agencies, it would create a state-mandated local program. The bill would make other related changes. Existing law, if Chapter 15 of the Statutes of 2011 becomes operative, requires that for prisoners whose crimes are committed on or after July 1, 2011, except those who are limited to 15% credit against sentenced time, and who are confined to a county jail, city jail, industrial farm, or road camp, a term of 4 days be deemed to have been served for every 2 days spent in actual custody, as specified. This bill would make these provisions applicable to prisoners whose crimes are committed on or after October 1, 2011, and would additionally make these provisions applicable to prisoners confined in a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole. Existing law provides that Chapter 15 of the Statutes of 2011 is to become operative no later than July 1, 2011, and only upon the creation of a community corrections grant program. This bill would make that act operative no later than October 1, 2011, and only upon the creation of that grant program. Existing law, notwithstanding any other provision of law, authorizes a county sheriff, police chief, or other public agency that contracts for emergency health services to contract with providers of emergency health care services for care to local law enforcement patients. Existing law provides that hospitals that do not contract with these entities shall provide emergency health care services to local law enforcement patients at a rate equal to 110% of the hospital's actual costs, as provided. Existing law repeals these provisions as of January 1, 2014. This bill would recast these provisions to apply to health care services generally, instead of emergency health care services. The bill would delete the provision making the bill inoperative as of January 1, 2014. Existing law authorizes counties to contract with the Department of Corrections and Rehabilitation for the commitment to the department of persons who have suffered a felony conviction. This bill would provide that offenders sentenced to a county jail that serve their sentence in state prison pursuant to these provisions are required to comply with the rules and regulations of the department, as provided. The bill would, until January 1, 2015, permit a county board of supervisors to enter into a contract with other public agencies to provide housing for inmates, as specified. The bill would incorporate additional changes to Section 830.5 of the Penal Code, proposed by AB 116, to be operative as specified. The bill would appropriate $27,000,000 from the General Fund to the Department of Corrections and Rehabilitation for the purpose of state operations. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. The bill would declare that it is to take effect immediately as a bill providing appropriations related to the budget bill.

Bill Text

• Chaptered 06/30/11 - Chaptered Current pdf June 30, 2011
• Enrolled 06/28/11 - Enrolled pdf June 28, 2011
• Amended 06/28/11 - Amended Senate pdf June 28, 2011
• Amended 04/11/11 - Amended Senate pdf April 11, 2011
• Introduced 01/10/11 - Introduced pdf January 10, 2011
• AB117 View text html

Action History

1. June 30, 2011

   Chaptered by Secretary of State - Chapter 39, Statutes of 2011.

2. June 30, 2011

   Approved by the Governor.

3. June 29, 2011

   Enrolled measure version corrected.

4. June 28, 2011

   Enrolled and presented to the Governor at 7:30 p.m.

5. June 28, 2011

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 28. Page 2096.).

6. June 28, 2011

   Assembly Rule 77 suspended. (Page 2096.)

7. June 28, 2011

   Assembly Rule 63 suspended. (Page 2096.)

8. June 28, 2011

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 30 pursuant to Assembly Rule 77.

9. June 28, 2011

   Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 14. Page 1614.).

10. June 28, 2011

    Ordered to third reading.

11. June 28, 2011

    Senate Rule 29.3 suspended. (Ayes 21. Noes 14. Page 1613.)

12. June 28, 2011

    Pursuant to Joint Rule 33.1, Joint Rule 10.5 suspended. (Page 1613.)

13. June 28, 2011

    Read third time and amended.

14. June 28, 2011

    Action rescinded whereby the bill was read third time, passed, and to Assembly.

15. April 28, 2011

    In Senate. Held at Desk.

16. April 28, 2011

    Ordered to the Senate.

17. April 11, 2011

    In Assembly. Concurrence in Senate amendments pending. May be considered on or after April 13 pursuant to Assembly Rule 77.

18. April 11, 2011

    Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 13. Page 595.).

19. April 11, 2011

    Ordered to third reading.

20. April 11, 2011

    From committee: Do pass. (Ayes 11. Noes 5.) (April 11).

21. April 11, 2011

    Joint Rule 62(a), file notice suspended. (Ayes 23. Noes 14. Page 595.)

22. April 11, 2011

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

23. April 07, 2011

    Re-referred to Com. on B. & F.R.

24. April 07, 2011

    Re-referred to Com. on RLS.

25. March 07, 2011

    Read second time. Ordered to third reading.

26. March 07, 2011

    Ordered to second reading.

27. February 22, 2011

    In Senate. Read first time. To Com. on RLS. for assignment.

28. February 22, 2011

    Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 0. Page 422.)

29. February 18, 2011

    Read second time. Ordered to third reading.

30. February 18, 2011

    Without reference to committee.

31. January 11, 2011

    From printer. May be heard in committee February 10.

32. January 10, 2011

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects