AB 1156 — Imprisonment in county jail.

Summary

(1) Existing law authorizes a court to recall a sentence of imprisonment in the state prison and to resentence a defendant in the same manner as if the defendant had not previously been sentenced, upon the court's own motion or the recommendation of the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings. Existing law prohibits the new sentence from being greater than the initial sentence and requires that credit be given for time served. Existing law provides for the resentencing or recalling of a prisoner's sentence if the court finds that the prisoner is terminally ill or the prisoner is permanently medically incapacitated, as prescribed. This bill would similarly authorize the court to recall a sentence of imprisonment in a county jail for a felony, upon the court's own motion or the recommendation of the county correctional administrator, as specified. The bill would also extend the provisions for recall or resentencing for medical reasons to prisoners sentenced to county jail for a felony. By increasing the duties of county correctional administrators, this bill would impose a state-mandated local program. (2) Existing law requires the Judicial Council to adopt rules providing criteria for the consideration of the trial judge at the time of sentencing, including the imposition of the lower, middle, or upper prison term. This bill would require the Judicial Council to also adopt rules providing criteria for the imposition of the lower, middle, or upper term for a person sentenced to county jail for a felony. (3) Existing law provides that a person convicted of a felony who is committed to a state prison or other state institution or agency may file a petition for a certificate of rehabilitation and pardon upon completion of a specified period of rehabilitation. Existing law provides that the period of rehabilitation commences to run upon the discharge from custody for completion of the sentence term or upon the release on parole or probation, whichever is sooner. Existing law also requires that any person to whom these provisions apply be informed in writing by the official in charge prior to his or her discharge from a state prison or other state penal institution or agency of the right to petition for a certificate of rehabilitation and pardon. This bill would extend the right to petition for a certificate of rehabilitation and pardon to persons convicted of a felony who were committed to a county jail. The bill provides that the period of rehabilitation in that case commences upon discharge from custody or release on postrelease community supervision or mandatory supervision, whichever is sooner. The bill would require that any person to whom these provisions apply be informed in writing by the official in charge prior to his or her discharge from a county jail of the right to petition for a certificate of rehabilitation and pardon. The bill would make additional nonsubstantive changes and conforming changes, and would delete obsolete provisions. By increasing the duties of local officials, this bill would create a state-mandated local program. (4) Existing law, subject to exceptions, prohibits a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a nonfelony offense that is pending against him or her at the time of commitment arising out of, among other things, the operation of a motor vehicle. Existing law also prohibits the driver's license of that person from being suspended or revoked, or issuance or renewal therefor denied, as a result of a nonfelony offense pending against him or her at the time of commitment that occurred prior to the time of commitment. Existing law excepts from those prohibitions an offense committed by a person while temporarily released from custody or on parole. This bill would extend those provisions to persons committed to a county jail for conviction of a felony. The bill would except from those prohibitions an offense committed by a person while on postrelease community supervision. (5) 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.

Bill Text

• Chaptered 09/30/15 - Chaptered Current pdf September 30, 2015
• Enrolled 09/09/15 - Enrolled pdf September 09, 2015
• Amended 09/01/15 - Amended Senate pdf September 01, 2015
• Introduced 02/27/15 - Introduced pdf February 27, 2015
• AB1156 View text html

Action History

1. September 30, 2015

   Chaptered by Secretary of State - Chapter 378, Statutes of 2015.

2. September 30, 2015

   Approved by the Governor.

3. September 16, 2015

   Enrolled and presented to the Governor at 4 p.m.

4. September 04, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 26. Page 2913.).

5. September 02, 2015

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

6. September 02, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 14. Page 2407.).

7. September 01, 2015

   Read second time and amended. Ordered to third reading.

8. August 31, 2015

   From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27).

9. August 17, 2015

   In committee: Referred to APPR. suspense file.

10. July 07, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 7). Re-referred to Com. on APPR.

11. June 11, 2015

    Referred to Com. on PUB. S.

12. June 02, 2015

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

13. June 02, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 24. Page 1761.)

14. May 14, 2015

    Read second time. Ordered to third reading.

15. May 13, 2015

    From committee: Do pass. (Ayes 12. Noes 4.) (May 13).

16. April 15, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 14). Re-referred to Com. on APPR.

17. March 23, 2015

    Referred to Com. on PUB. S.

18. March 02, 2015

    Read first time.

19. March 01, 2015

    From printer. May be heard in committee March 31.

20. February 27, 2015

    Introduced. To print.

Sponsors

• Brown · Primary

Votes

Subjects