What is AB 109 and Realignment?

Establishesareserveaccountshouldrevenuescomeinhigherthananticipated. o Thereallocationformulaswillbedevelopedmorepermanentlyusingappropriate

data and information for the 2012-‘13 fiscal year and each fiscal year thereafter. o Implementssufficientprotectionstoprovideongoingfundingandmandated

protection for the state and local government.
o Thesmallestofcountiesthatbenefitfromtheminimumgrantwilleachreceive

approximately $77,000 in 2011-‘12. • SB89

o Dedicatesaportion($12)oftheVehicleLicenseFeetotheFund.
o Revenuecomesfromtwosources;freedupVLFpreviouslydedicatedtoDMV

administration and VLF that was previously dedicated to cities for general

purpose use.
o EstimatedtotalamountofVLFrevenuenowdedicatedtorealignmentis$354.3

million in 2010-2011. • SB87

o Providescountieswithaone-timeappropriationof$25milliontocovercosts 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 of the 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/herdesignee)
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.

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.

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• There are nearly 60 additional crimes that are not defined in 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.

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.

  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 turn, 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. 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

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