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AB109 Realignment Updates - Terri McDonald

AB109 Realignment Updates - Terri McDonald






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    AB109 Realignment Updates - Terri McDonald AB109 Realignment Updates - Terri McDonald Presentation Transcript

    • 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 bedsExpand 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 inmatesLease available space from county jailsContract 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 PSP/PRCS-LAPopulation
    • 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
    • PSP/PRCS-LAArrestTotal PSP Arrests*-(Los Angeles County) : 14,516CHARGE LEVELFelony 8198 (56.5%)Misdemeanor 3765 (25.9%)Infraction 49 ( .3%)Other 2504 (17.3%)CODE VIOLATIONPenal Code 9255 (63.8%)Health & Safety 3868 (26.7%)Vehicle Code 1170 ( 8.0%)All Others 223 ( 1.5%)*Based on CII NumberAs of 04/30/13
    • 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
    • QuestionsandAnswersDiscussion