California Contract Cities AssociationpresentsAB 109 PUBLIC SAFETY REALIGNMENTMAY 17, 2013
Public Safety RealignmentLocal custody for non-violent, non-serious,non-sexual offendersChanges to State ParoleLocal Post-release SupervisionLocal Planning (Executive Committee)CourtsAdjudication – Parole Violators
When Did it BeginProspectively applied afterOctober 1, 2011.AB 118 provides the statutoryframework, allocation methodology andrevenue to implement the 2011 publicsafety realignment.
Who is sentenced to local custody? AB 109 revises the definition of felony toinclude certain crimes that are punishable injail for more than one year. Maintains length of sentences. Time served in jails instead of prisons: Non-violent offenders Non-serious offenders Non-sexual offenders
Additional Features for Realignment Enhanced local custody and supervision tools: Alternative custody tools for county jails Home detention for low-level offenders Local jail credits like current prison credits (Day-for-day). Prospective from October 1, 2011.
The following sentences must be served instate prison: Prior or current serious or violent felony asdescribed in PC 1192.7 (c) or 667.5 (c) The defendant is required to register as a sexoffender pursuant to PC 290 Excludes certain other specified crimesNote: “excluded crimes” are those for which adefendant can still be committed to stateprison.Who is Sentenced to State Prison?
Realignment allows counties to contractback with the State to send local offendersto state prison. Counties are authorized to contract withpublic community correctional facilities(CCFs). Contracting back does not include parolerevocations.Contracting Back
Prospectively from October 1, 2011No state prisoninmates will betransferredto county jails.X
Post-release Supervision County-level supervision upon release from prison Current Non-violent offenders Current Non-serious offenders Sex offenders Does NOT include: 3rd strike Individuals with a Serious Commitment Offense Individuals with a Violent Commitment Offense High risk sex offenders as defined by CDCR
• Post-release SupervisionCDCR must notify counties who is beingreleased on post-release supervision atleast 30 days prior to release.
Post-release Supervision Allows Revocations up to 180 days . Graduated sanctions including “flash incarceration” atthe local level (revocations lasting longer than 10days require a court hearing). Individuals on post-release supervision without anyviolations after 1 year (LA County) can be discharged. Courts may adjudicate violations and new conditionsof release at the local level.
SpecifiesCDCR shall have no jurisdiction over anyperson who is under Post-release CommunitySupervision No person shall be returned to prison except forpersons previously sentenced to a term of life (andonly after a court order).Post-release Supervision
State Parole SupervisionParole revocation process remains withBoard of Parole Hearings (BPH) untilJuly 1, 2013.The Parole revocation process will transitionto the Courts afterJuly 1, 2013.
New Changes to Realignment Allows Courts to propose split sentence tomandate probation as part of county low leveloffenders sentence. Expands limitations on allowable hospital costsfor jail inmates and removes sunset date Elimination of Correctional Standards Authorityand the new Board of State and CommunityCorrections (SB 92).
Measures proposed by the state that they havethe authority to implement:New construction: California Health CareFacility in Stockton to open July adding1,722 bedsExpand Fire Camp eligibilityThree Judge Panel
History of Three Judge Panel-State Proposed Order-2008 - Three Judge Panel TrialAugust 2009 - Federal Three Judge Panel found overcrowding withinprisons prevented adequate mental health and medicalcare which was deemed unconstitutional2010 - State appealed the ruling to the U.S. Supreme CourtMay 2011 - U.S. Supreme court upheld the orderOctober 2011- AB 109 was implemented to reduce prison population byapproximately 25,000Jan 2013 - State filed a motion requesting to terminate a portion ofthe litigation and vacate OR modify the population orderApril 2013- Panel rejected motion to lift population cap(Plata v. Brown)
Three Judge PanelMeasures proposed by the state that requireLegislative approvals and appropriationfunding:Slow the return of out-of-state inmatesLease available space from county jailsContract with private prisons
Measures proposed by the State that require Legislative approvals: Expansion of Prison credits which will be available under variousprograms to the following: violent and non-violent second strike offenders violent (non-strike) felons female inmates incarcerated for serious or violent felonies Expand the inmate population who can serve time in county jail Additional Releases “Low risk” inmates sentenced to life with possibility of parole Release or diversion of certain populations (women, elderly, and thesick) to community based facilities. Allow the Governor to commute the sentences of inmates that are notU.S. citizens with six months or less to serve and release to customsenforcement for deportation.Three Judge Panel
Prior to AB 109October 1, 2011Current CDCRpopulationTotal CDCR Population 160,482 132,738Prison Population 148,184 123,462CDCR State ParolePopulation105,220 53,505LA County CDCR ParolePopulation33,000 14,066LA County Post-releasedCommunity Supervision0 11,987 activeCurrent CDCR Population
Post-release SupervisionLieutenant Ken McWaidThe Los Angeles Sheriff’s Department Parole Compliance Team Supervisor COPS Bureau / Countywide ServicesDivision
Starting October 1, 2011,The Los Angeles Sheriff’s Departmentwill be responsible for:• Assisting Probation with Address Verifications• Conduct “No Show” follow up investigations• Lead the Absconder apprehension efforts (PAL’s)• Develop a Network Database• Provide additional Monitoring• Conduct Compliance ChecksPost-release Supervision
The Parole Compliance Team, consists of :• 1 Lieutenant• 5 Sergeants• 50 Deputies• 13 ProfessionalStaffParole Compliance Team
AB 109 Budget for LASDAB-109 PUBLIC SAFETY REALIGNMENT -LOS ANGELES COUNTYDEPARTMENT BUDGETS FOR 2011-12 AND 2012-13Department 2011-12% of thetotal 2012-13% of thetotalPROBATION $ 28,823,000 23.14% $ 73,879,000 27.09%SHERIFF $ 75,294,000 60.46% $ 149,549,000 54.83%MENTAL HEALTH $ 11,691,000 9.39% $ 24,338,000 8.92%PUBLIC HEALTH $ 2,419,000 1.94% $ 8,411,000 3.08%HEALTH SERVICES $ 2,178,000 1.75% $ 9,170,000 3.36%DISTRICT ATTORNEY $ 1,455,000 1.17% $ - 0.00%PUBLIC DEFENDER $ 1,429,000 1.15% $ - 0.00%FIRE $ - 0.00% $ 1,154,000 0.42%ALTERNATE PUBLIC DEFENDER $ 735,000 0.59% $ - 0.00%CHILD & FAMILY SVCS $ - 0.00% $ 510,000 0.19%CEO $ 10,000 0.01% $ - 0.00%CCJCC $ - 0.00% $ 466,000 0.17%PROVISIONAL FINANCING USES $ 500,000 0.40% $ 5,285,000 1.94%Total $ 124,534,000 100.00% $ 272,762,000 100.00%
2012-13EstimatedFundingLevel2013-14EstimatedFundingLevel% IncreaseState funding for AB 109 $ 842.9 M $ 998.9 M 18.5%Revocation Activities(DA / Public DefenderSubaccount)$ 14.6 M $ 17.2 M 17.8%LASD Estimated Funding $149.0 M $172.0 M 13.4 %AB 109 Budget for 2013/14
• PRCS-LA Post-Released Community Supervision - LA Los Angeles (CDCR terminology)• PSP’s Post-released Supervised Person (LA County Probation Department terminology)• N3’s Non-Serious, Non-Violent, Non- (High risk) SexOffender (State Legislation terminology)AB-109 Population Titles
Over the next four years the PSP/ PRCS-LAParolee Population will be:PSP/PRCS-LA Projections
Current Custody DivisionPopulationN3 Station Workers 137N3 CBAC Count 2N3 in LASD Custody Facilities 5,630Total N3 Count 5,769Custody Division Total 18,722As of 05/07/13
Based on current estimates, operational capacity is: Bed Capacity 22,653 12% Bed Vacancies - 2,718 Operational Capacity (Beds) 19,935Alternative population managementoptions may need to be implementedto avoid any future over crowding issues.Current Custody DivisionPopulation
AB109 StatisticsN3 in custody today (LASD incl. CBAC) 5,777N3s with open charges 116N3 releases to date 6,907 (1,317 females / 5,590 males)Historical N3 count (Oct 1st 2011 – March 31st 2013) 12,310I/M serving less than a year 3,373 (58%)I/M with sentences of 24 mo + left to serve 382Highest percentage of convicted N3’s 459PCAverage court given sentence 2 yearsNumber of court sentences over 10 years 31 (highest sentence = 42 years)Leading Conviction Charge 11377(A)HSAB 109 STATISTICS
Fire Camps Community Based Alternatives to Custody(CBAC) Electronic Monitoring Work Release Inmate Station Workers Community Correctional Facilities CCF Program Releases Alternate Housing Substance Abuse ProgramsJail Population Options
Total AB 109 Population as of 04/30/13 15,341(Includes both Active and Terminated, excludes Rejected Cases)Total individual PSP persons arrested 6884Total PSPs arrested more than once 3531*Based on CII NumberEstimated Individual Recidivism Rate 44.87%AB 109 Recidivism Rate