California 2011-2012 Regular Session Status: Enacted

AB 116 — Criminal justice realignment.

Last action — Chaptered by Secretary of State - Chapter 136, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law creates the California Council on Criminal Justice with certain powers and duties. SB 92 of the 2011–12 Regular Session would eliminate the California Council on Criminal Justice and assign its powers and duties to the Board of State and Community Corrections. This bill would restore the California Council on Criminal Justice and delay the elimination and assignment of its powers and duties to the Board of State and Community Corrections until July 1, 2012. The bill would also make other specified provisions amended by SB 92 related to the Gang Violence Suppression Program within the Board of State and Community Corrections operative on July 1, 2012. Under existing law, the Corrections Standards Authority is responsible for developing, approving, and monitoring standards for the selection and training of state correctional peace officers and apprentices. SB 92 of the 2011–12 Regular Session created the Commission on Correctional Peace Officer Standards Training to succeed to these functions. This bill would instead make those provisions operative on July 1, 2012. The bill would also make certain provisions related to Community Corrections Performance Incentives funds and local Community Corrections Partnerships, as amended by AB 117 of the 2011–12 Regular Session, operative on the day this act becomes operative. Existing law, as added by AB 117, provides that persons released from state prison on or after July 1, 2013, after serving a prison term or whose sentence has been deemed served, for any of specified crimes shall be subject to parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county where the parolee is released or resides for the purpose of hearing petitions to revoke parole and impose a term of custody. This bill would also provide that the above provision applies to a person released from state prison prior to July 1, 2013. Furthermore, parolees subject to these provisions who are being held for a parole violation in a county jail on July 1, 2013, shall be subject to the jurisdiction of the Board of Parole Hearings. Existing law, as added by AB 117, provides rules for parolees who were paroled from state prison prior to October 1, 2011, effective only until October 1, 2014, and on that date and thereafter any person, who is not on parole for specified crimes or within a specified classification, shall be discharged from parole. This bill would make these rules effective indefinitely and delete the provision requiring the discharge from parole as specified above. Existing law provides that, except as specified, a felony punishable pursuant to certain provisions where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or 2 or 3 years. Existing law, as amended by AB 117, provides that a judge, when imposing a sentence pursuant to specified provisions, including provisions other than those provisions referenced above where the term is not specified in the underlying offense, may order the defendant to serve a term in a county jail for a period not to exceed the maximum possible term of confinement or may impose a sentence which includes a period of county jail time and a period of mandatory probation not to exceed the maximum possible sentence. This bill would narrow the judge's ability to order a sentence pursuant to the provisions above only in cases where a felony is punishable pursuant to the certain provisions referenced above where the term is not specified in the underlying offense. This bill would appropriate $1,000 to the Department of Corrections and Rehabilitation for the purpose of state operations. The bill would also make various technical corrections. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 136, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:15 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 27. Page 2316.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 9 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 15. Page 1751.).

  7. Senate Rule 29.3 suspended. (Ayes 21. Noes 14. Page 1749.)

  8. Pursuant to Joint Rule 33.1, Joint Rule 10.5 suspended. (Page 1749.)

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

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

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

  15. Read second time. Ordered to third reading.

  16. Read third time and amended. Ordered to second reading.

  17. Read second time. Ordered to third reading.

  18. Ordered to second reading.

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

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

  21. Read second time. Ordered to third reading.

  22. Without reference to committee.

  23. From printer. May be heard in committee February 10.

  24. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Committee on Budget

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 116 BUDGET Concurrence in Senate Amendments By BLUMENFIELD

Passed 50 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 492503
Democratic 1000
Total 502703
% of votes cast 63%34%0%4%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Campos — Yea
John A. Pérez — Yea
Gordon — Yea
Gorell — Not Voting
Hagman — Nay
Cedillo — Yea
Halderman — Nay
Bonilla — Yea
Atkins — Yea
Harkey — Nay
Hayashi — Yea
Chesbro — Yea
Huber — Yea
Portantino — Nay
Fletcher — Nay
Hueso — Yea
Mitchell — Not Voting
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Eng — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

2nd Reading AB116 Committee on BUDGET (Blumenfield) By Leno

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221401
Democratic 2000
Republican 0100
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Rubio — Yea
Cannella — Nay
Runner — Nay
Anderson — Nay
Corbett — Yea
Dutton — Nay
Vargas — Yea
Alquist — Yea
Blakeslee — Nay
Harman — Nay
Huff — Nay
Leno — Yea
Lieu — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Wyland — Nay
Emmerson — Nay
Correa — Not Voting
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 116 BUDGET Assembly Third Reading By BLUMENFIELD

Passed 49 Yea · 0 Nay · 30 Other
Party YeaNayPresentNot Voting
Unaffiliated 460028
Democratic 3000
Republican 0002
Total 490030
% of votes cast 62%0%0%38%
How each member voted (79)
Member Party Vote
Gorell — Not Voting
Halderman — Not Voting
Furutani — Yea
Hill — Yea
Huber — Yea
Carter — Yea
Cedillo — Yea
Williams — Yea
Galgiani — Yea
Butler — Not Voting
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Gordon — Yea
Campos — Yea
Hagman — Not Voting
Bonilla — Yea
Atkins — Yea
Hall — Yea
Chesbro — Yea
Hayashi — Yea
Fletcher — Not Voting
Huffman — Yea
Beall — Yea
Conway — Not Voting
Cook — Not Voting
Davis — Yea
Donnelly — Not Voting
Jeffries — Not Voting
Lara — Yea
Mendoza — Yea
Miller — Not Voting
Monning — Yea
Morrell — Not Voting
Nestande — Not Voting
Norby — Not Voting
Olsen — Not Voting
Pan — Yea
Silva — Not Voting
Smyth — Not Voting
Solorio — Yea
Torres — Yea
Valadao — Not Voting
Wieckowski — Yea
Achadjian — Not Voting
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hueso — Yea
Knight — Not Voting
Logue — Not Voting
Ma — Yea
Mansoor — Not Voting
Nielsen — Not Voting
Perea — Yea
Skinner — Yea
Swanson — Not Voting
Wagner — Not Voting
Eng — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Garrick — Not Voting
Bill Berryhill — Not Voting
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 116 do?
Existing law creates the California Council on Criminal Justice with certain powers and duties. SB 92 of the 2011–12 Regular Session would eliminate the California Council on Criminal Justice and assign its powers and duties to the Board of State and Community Corrections. This bill would restore the California Council on Criminal Justice and delay the elimination and assignment of its powers and duties to the Board of State and Community Corrections until July 1, 2012. The bill would also make other specified provisions amended by SB 92 related to the Gang Violence Suppression Program within the Board of State and Community Corrections operative on July 1, 2012. Under existing law, the Corrections Standards Authority is responsible for developing, approving, and monitoring standards for the selection and training of state correctional peace officers and apprentices. SB 92 of the 2011–12 Regular Session created the Commission on Correctional Peace Officer Standards Training to succeed to these functions. This bill would instead make those provisions operative on July 1, 2012. The bill would also make certain provisions related to Community Corrections Performance Incentives funds and local Community Corrections Partnerships, as amended by AB 117 of the 2011–12 Regular Session, operative on the day this act becomes operative. Existing law, as added by AB 117, provides that persons released from state prison on or after July 1, 2013, after serving a prison term or whose sentence has been deemed served, for any of specified crimes shall be subject to parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county where the parolee is released or resides for the purpose of hearing petitions to revoke parole and impose a term of custody. This bill would also provide that the above provision applies to a person released from state prison prior to July 1, 2013. Furthermore, parolees subject to these provisions who are being held for a parole violation in a county jail on July 1, 2013, shall be subject to the jurisdiction of the Board of Parole Hearings. Existing law, as added by AB 117, provides rules for parolees who were paroled from state prison prior to October 1, 2011, effective only until October 1, 2014, and on that date and thereafter any person, who is not on parole for specified crimes or within a specified classification, shall be discharged from parole. This bill would make these rules effective indefinitely and delete the provision requiring the discharge from parole as specified above. Existing law provides that, except as specified, a felony punishable pursuant to certain provisions where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or 2 or 3 years. Existing law, as amended by AB 117, provides that a judge, when imposing a sentence pursuant to specified provisions, including provisions other than those provisions referenced above where the term is not specified in the underlying offense, may order the defendant to serve a term in a county jail for a period not to exceed the maximum possible term of confinement or may impose a sentence which includes a period of county jail time and a period of mandatory probation not to exceed the maximum possible sentence. This bill would narrow the judge's ability to order a sentence pursuant to the provisions above only in cases where a felony is punishable pursuant to the certain provisions referenced above where the term is not specified in the underlying offense. This bill would appropriate $1,000 to the Department of Corrections and Rehabilitation for the purpose of state operations. The bill would also make various technical corrections. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 116?
AB 116 is sponsored by Committee on Budget.
What is the current status of AB 116?
This bill has been enacted into law. Introduced January 10, 2011. Enacted.
Where can I track AB 116?
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