HomeMy WebLinkAbout2012-02-14; City Council; 20812; PRESENTATION SD COUNTY ASSEMBLY BILL 10916
CITY OF CARLSBAD - AGENDA BILL
DEPT. DIRECTOR^W^ AB#
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DEPT.
20,812
02-14-12
POLICE
PRESENTATION FROM SAN DIEGO COUNTY
PROBATION ON CALIFORNIA STATE
ASSEMBLY BILL 109
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
To receive a presentation from San Diego County Probation Department and the City of
Carisbad Police Chief regarding the passage of Assembly Bill 109.
ITEM EXPLANATION:
A San Diego County Probation Department representative will present an overview of Assembly
Bill 109 to the members ofthe Carisbad City Council. AB109 allows non-violent, non-serious,
and non-sex offenders to serve their sentence in county jail instead of state prison. Passage of
AB109 will impact San Diego County and the City of Carisbad by pushing responsibility for
some offenders from the state to the local level.
FISCAL IMPACT:
None.
EXHIBIT:
1. California Department of Corrections and Rehabilitation "2011 Public Safety Realignment"
Fact Sheet.
DEPARTMENT CONTACT: Gary Morrison (760) 931-2131, garv.morrison(5).carisbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES
AMENDED • COUNCIL RECEIVED THE
REPORT/PRESENTATON
' b ? T I
California Department of
Corrections and Rehabilitation fact sheet
it it if -H •'..
For Informational Purposes
December 16, 2011
(916) 445-4950
2011 Public Safety Realignment
The cornerstone of California's solution to reduce overcrowding, costs, and recidivism
Earlier this year. Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117,
historic legislation that will enable California to close the revolving door of low-level inmates
cycling in and out of state prisons. It is the cornerstone of California's solution for reducing the
number of inmates in the state's 33 prisons to 137.5 percent design capacity by May 24, 2013,
as ordered by the U.S. Supreme Court.
All provisions of AB 109 and AB 117 are prospective and implementation ofthe 2011
Realignment Legislation will begin October 1, 2011. A/o inmates currently in state prison will
be transferred to county Jails or released early.
Governor Brown also signed multiple trailer bills to ensure the 2011 Realignment secured
proper funding before implementation could go into effect.
The 2011 Realignment is funded with a dedicated portion of state sales tax revenue and Vehicle
License Fees (VLF) outlined in trailer bills AB 118 and SB 89. The latter provides revenue to
counties for local public safety programs and the former establishes the Local Revenue Fund
2011 (Fund) for counties to receive the revenues and appropriate funding for 2011 Public Safety
Realignment.
Funding of Realignment
AB 109 provides a dedicated and permanent revenue stream to the counties through Vehicle
License Fees and a portion of the State sales tax.
The only piece that is temporary is the allocation of these revenues to the individual counties.
This one-time allocation for 2011-12 came at the explicit request of the counties, who wanted to
be able to assess whether the initial distribution of funds reflects the number of offenders they
receive.
A permanent allocation of the ongoing revenues will take place next year.
$400 million is provided to the counties this year, growing to more than $850 million next year
and more than $1 billion in 2013-2014.
The following trailer bills were signed to secure sufficient funding for counties:
• AB 111
o Gives counties additional flexibility to access funding to increase local jail
capacity for the purpose of implementing Realignment.
• AB 94 (2011 Realignment Legislation Addressing Public Safety)
o Comes into effect upon the passage of AB 111.
CDCR Fact Sheet Page 1
o Authorizes counties who have received a conditional award under a specified jail
facilities financing program to relinquish that award and reapply for a conditional
award under a separate financing program.
o Lowers the county's required contribution from 25 percent to 10 percent and
additionally requires CDCR and the Corrections Standard Authority to give
funding preference to those counties that relinquish local jail construction
conditional awards and agree to continue to assist the state in siting re-entry
facilities.
• AB118
o Outlines the financial structure for allocating funds to a variety of accounts for
realignment.
o Establishes the Local Revenue Fund 2011 for receiving revenue and
appropriates from that account to the counties,
o Directs the deposit of revenues associated with 1.0625 percent of the state sales
tax rate to be deposited in the Fund,
o Establishes a reserve account should revenues come in higher than anticipated,
o The reallocation formulas will be developed more permanently using appropriate
data and information for the 2012-'13 fiscal year and each fiscal year thereafter,
o Implements sufficient protections to provide ongoing funding and mandated
protection for the state and local government,
o The smallest of counties that benefit from the minimum grant will each receive
approximately $77,000 in 2011-'12.
• SB 89
o Dedicates a portion ($12) of the Vehicle License Fee to the Fund.
o Revenue comes from two sources; freed up VLF previously dedicated to DMV
administration and VLF that was previously dedicated to cities for general
purpose use.
o Estimated total amount of VLF revenue now dedicated to realignment is $354.3
million in 2010-2011.
• SB 87
o Provides counties with a one-time appropriation of $25 million to cover costs
associated with hiring, retention, training, data improvements, contracting costs,
and capacity planning pursuant to each county's AB 109 implementation plan.
Local Planning Process
The Community Corrections Partnership (CCP), which was previously established in Penal
Code § 1230, will develop and recommend to the county Board of Supervisors an
implementation plan for 2011 Public Safety Realignment. An Executive Committee from the
CCP members will be comprised ofthe following:
o Chief probation officer
o Chief of police
o Sheriff
o District Attorney
o Public Defender
o Presiding judge of the superior court (or his/her designee)
o A representative from either the County Department of Social Services, Mental
Health, or Alcohol and Substance Abuse Programs, as appointed by the County
Board of Supervisors.
CDCR Fact Sheet Page 2
3
The Executive Committee plan is deemed accepted by the county Board of Supervisors unless
the Board rejects the plan by a four-fifths vote.
Community, Local Custody
AB 109 allows non-violent, non-serious, and non sex offenders to serve their sentence in county
jails instead of state prisons. However, counties can contract back with the State to house local
offenders.
Under AB 109:
• No inmates currently in state prison will be transferred to county jails.
• No inmates currently in state prison will be released early.
• All felons sent to state prison will continue to serve their entire sentence in state prison.
• All felons convicted of current or prior serious or violent offenses, sex offenses, and sex
offenses against children will go to state prison.
• There are nearly 60 additional crimes that are not defined in the Penal Code as serious
or violent offenses but at the request of law enforcement were added as offenses that
would be served in state prison rather than in local custody.
Please see the document "AB 109: Final Crime Exclusion List" for a complete listing of those
crimes.
Community Correctional Facilities
CDCR terminated all contracts with community correctional facilities across the state, with the
exception of one, as the department no longer maintains the level of inmate typically housed at
these facilities.
CDCR will maintain its contract with Golden State Modified Community Correctional Facility
(GSMCCF) in Kern County. The facility will house Level l/ll adult male inmates.
CDCR's Community Correctional Facilities Administration was deactivated effective December
1. Oversight ofthe remaining community correctional facility, GSMCCF, is now maintained
under CDCR's Contract Bed Unit which oversees California's Out-of-State Correctional
Facilities contracts.
Post-Release (County-Level) Community Supervision
CDCR continues to have jurisdiction over all offenders who are on state parole prior to the
implementation date of October 1, 2011. Prospectively, county-level supervision for offenders
upon release from prison will include current non-violent, current non-serious (irrespective of
priors), and some sex offenders. County-level supervision will not include:
• Inmates paroled from life terms to include third-strike offenders;
• Offenders whose current commitment offense is violent or serious, as defined by
California's Penal Code §§ 667.5(c) and 1192.7(c);
• High-risk sex offenders, as defined by CDCR;
• Mentally Disordered Offenders; nor
• Offenders on parole prior to October 1, 2011.
CDCR Fact Sheet Page 3
Li
Offenders who meet the above-stated conditions will continue to be under state parole
supervision.
Each county Board of Supervisors was required to designate a county agency to be responsible
for post-release supervision and provide that information to CDCR by August 1, 2011. In all 58
counties, the Probation Department is the designated agency responsible for post-release
supervision
CDCR must notify counties of an individual's release at least one month prior. Once the
individual has been released, CDCR will no longer have jurisdiction over any person who is
under post-release community supervision. Currently, CDCR is working to ensure counties
receive inmate packets 120 days prior to the ordered release date.
No person shall be returned to prison on a parole revocation except for those life-term offenders
who paroled pursuant to Penal Code § 3000.1 (Penal Code § 3056 states that only these
offenders may be returned to state prison).
Parole Revocations
Starting October 1, 2011, all parole revocations will be served in county jail instead of
state prison and can only be up to 180 days.
The responsibility of parole revocations will continue under the Board of Parole Hearings until
July 1, 2013, at which time the parole revocation process will become a local court-based
process. Local courts, rather than the Board of Parole Hearings, will be the designated authority
for determining revocations.
Contracting back to the state for offenders to complete a custody parole revocation is not an
option.
Only offenders previously sentenced to a term of life can be revoked to prison.
After July, 1, 2013 the Board of Parole Hearings will continue to conduct
• Parole consideration for lifers;
• Medical parole hearings;
• Mentally disordered offender cases; and
• Sexually Violent Predator cases.
AB 109 also provides the following under parole:
• Allows local parole revocations up to 180 days
• Authorizes flash incarceration at the local level for up to 10 days
Inmates released to parole after serving a life term (e.g., murderers, violent sex offenders, and
third-strikers) will be eligible for parole revocation back to state prison if ordered by the Board.
Effects on Conservation Camps
• Effects are expected to occur next year (2012)
• Conservation camps are currently at capacity
• We are working with Cal-Fire and the counties to use county inmates to help fill the
vacancies should they occur.
CDCR Fact Sheet Page 4
Effects on Female Population
As a substantial portion of female offenders fall under the definition of non-serious, non-violent,
and non sex-offenders, the female inmate population at CDCR has dropped and is expected to
drop to 5,767 by June 2013.
In December, CDCR announced its plans to convert Valley State Prison for Women (VSPW) in
Chowchilla to a facility that will house low- to medium-security adult male inmates. The
conversion will help alleviate the adult male inmate overcrowding problem and avoid staff layoffs
at the institution.
CDCR will also terminate its contracts with the Family Foundations Program (FFP) as well as
the Community Prisoner Mother Program (CPMP) as a result of lack of inmates eligible to
participate in these programs. FFP and CPMP were designed for pregnant or parenting women,
convicted of a low-level offense, with children under the age of six, who could participate in a
community substance abuse treatment program while caring for their children.
The dates of closure are as follows:
Santa Fe Springs FFP closed November 30 , 2011
San Diego FFP will close March 31 ,• 2012
Fresno FFP and Prototypes CPMP in Pomona will close June 30, 2012
Turning Point CPMP in Bakersfield will close January 31, 2012
The Female Rehabilitative Community Correctional Center (FRCCC) in Bakersfield will stay
open until its contract expires in 2018. The facility currently has 75 beds available for women
who were convicted of a non-serious, non-violent, and non-sex offense and who have 36
months or less to serve of their sentence. However, as that population diminishes based upon
AB109, the FRCCC will begin housing Civil Addicts for the duration ofthe contract.
The Division of Juvenile Justice
AB 109 limited the future juvenile court commitments to the Division of Juvenile Justice (DJJ).
However, AB 117 removes this provision. As such, there will be no chanaes to DJJ during the
2011 realignment.
CDCR Adult Programs
As CDCR's population changes due to Realignment, the Division of Adult Programs will utilize
projection information to review appropriate programming to address offender needs. While
exact dates for program adjustments are still under evaluation. Adult Programs is dedicated to
serving as many offenders as possible by maximizing existing resources.
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CDCR Fact Sheet Page 5
2011 Public Safety Realignment ProposedPreliminaryImplementation Plan