July CPOC Meeting

Key Changes to AB 109AB 109 is modified by AB 117Realignment 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

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

Options for N3 at SentencingJail instead of prison for the same period of timeFelony probationJail, early release to alternative custodySplit sentence – imposed sentence of combined

jail time with the remainder on mandatory probationImposed sentences (everything but felony

probation) prison prior attachesSplit sentences cannot be longer than the original

sentence when combining custody and supervision time.

Non, Non, Non Receiving Local Disposition

Options for N3 after SentencingEnhanced local custody and supervision tools:

Alternative custody tools for county jailsHome detention for low-level offendersLocal jail credits like current prison credits

(Day-for-day).Counties may contract for beds:

With CDCR (costs still to be set)With other countiesWith public CCF’s (Community Correctional

Facilities)MAY NOT contract back parole revocations

State Prison EligibleThe 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 290Excludes certain other specified crimes (now

about 60)

Note: “excluded crimes” are those for which a defendant can still be committed to state prison.

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 offendersFormer NRP’s

Who remains on State Parole:3rd strikersIndividuals with a current violent or serious

commitment offenseHigh risk sex offenders as defined by CDCRMentally Disordered Offenders (MDO’s)Anyone on parole prior to October 1, 2011

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

PRCS Supervision and RevocationsSupervision levels and case plan determined

by supervision agency Statutory general conditionsConsider 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

PRCS Administrative ProcessAB 117 significantly narrows the courts’

involvement to only the final revocation processCourts will be authorized to appoint hearing

officers for the final revocation hearingsThe supervising agency will have the authority to

handle all intermediate sanctions without court involvement, up to and including flash incarcerationMust establish a review process for assessing and

refining conditionsAOC is to adopt forms and rules of court to handle

the final revocation and termination hearingsModify conditions; revoke to jail for up to 180 days;

refer to reentry court

PRCS Discharge ProcessDischarges by operation of law at the end of

3 yearsMay 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

Parole ViolationsBPH will retain authority over parole until July

1, 2013 Violations will still be served in jail starting

October 1, 2011Same sanctions available to PRCS, flash

incarceration in the jail for up to 10 daysRevocations capped at 180 daysOnly persons sentenced to a term of life can be

revoked back to state prisonPost July 1, 2013 the revocation process will

work the same for parolees as it does for PRCS

DJJ FutureDJJ – 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 materializeThere will be another bill, to make all the

necessary statutory changes

There will be continued discussions through the summer about the future of DJJ

Community Corrections Partnerships (CCP)AB 117 clarifies the composition and the powers of the

Executive Committee New Composition:

CPO (chair)SheriffPolice ChiefDAPublic Defender Judge (or his or her designee)One appointment by the Board of Supv. of either DSS, MH, or

ADPThe plan is deemed accepted unless rejected by BOS by a

4/5ths voteBrown ActPlanning Grants $100,000-$200,000 within the next 30

days

Board of State and Community CorrectionsJuly 1, 2012 CSA will be eliminated and

replaced with the BSCCAll 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