INFOLINK Criminal Justice Realignment Act

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ferred to as the non-violent, non-serious, and non-sex offender population for probation supervision and services. Persons released from state prison on or after October 1, 2011, who do not meet the criteria described above for postrelease community supervision will continue to be subject to the jurisdiction of and parole supervision by the California Department of Corrections and Rehabilitation (CDCR) until July 1,2013. Operational Phase 2: Modifications to CDCR Parole Violations, Local Custody Beginning July 1,2013, CDCR parole will have authority to dispose of violations of conditions of parole using authorized local intermediate sanctions up to and including a period of "flash incarceration" in county jail for up to 10 days. If the supervising parole agency has determined, following application of its assessment processes, that intermediate sanctions up to and including flash incarceration are not appropriate, the supervising agency shall petition the revocation hearing officer to revoke parole. Upon a finding that a person has violated the conditions of parole, revocation hearing officers shall have authority to (1) return the person to parole supervision with modifications of conditions, if appropriate, including a period of incarceration in county jail; (2) revoke parole and order the person to confinement in the county jail; or (3) refer the person to a reentry court pursuant to Section 3015 or other evidence-based program in the hearing officer's discretion. Confinement upon revocation of parole shall not exceed a period of 180 days. This group will be supervised by state parole. (penal Code section 3000.08, effective July 1,2013.) Additional Information: The state's Division of Juvenile Justice, formerly the California Youth Authority, has been eliminated from the realignment provisions under AB 117 that was intended to realign funding for the Division of Juvenile Justice (DJJ). This effectively continues the authority of the county to commit wards to DJJ as it is in current law. However, SB 92, the public safety trailer bill, provides that if the revenue estimates upon which the budget is built are not realized, then beginning January 1,2012, counties would be required to pay $125,000 annually for each ward in the custody ofDJJ. Lastly, the Community Corrections Partnership (CCP) in Fresno County has been meeting to develop the plan that will go to the Board of Supervisors in relation to the implementation of AB 109/AB 117. Currently the Sheriff s Department, the Fresno Police Department, the Fresno Superior Court, District Attorney and Public Defender, the County Administrative Office and Department of Social Services and Behavioral Health, as well numerous private agencies are evaluating present services and capacities to address this population. Each county's local CCP is required to recommend a 10(Continued on page 3)

Changes in Sentencing Law: Felony Probation Effective October 1, 2011, AB 109 will eliminate prison as a sentence option for various felonies and authorize courts to impose terms of over one year in county jail for certain felonies committed by specified defendants. There is no limit to the amount of time that may be served in county jail if the conviction is for an offense punishable by imprisonment in county jail. Offenders who serve their sentences in county jail pursuant to this change in the law are not subject to parole or post-release supervision. However, when granting probation, the court will be authorized to impose a sentence that includes a period of county jail time and a period of mandatory probation not to exceed the maximum possible sentence. This population will be supervised by the county probation department. (Penal Code section 1170(h). Superior Court Involvement: Revocation Officers Superior courts in each county will be authorized to appoint hearing officers to carry out the duties of the courts in conducting hearings for identified realignment populations. Appointment to serve as a revocation hearing officer will require that the individual has been an active member of the State Bar for at least 10 years continuously prior to appointment, was a judge of a court of record of California within the last five years, or is currently eligible for the assigned judge program, or was a commissioner, magistrate, referee, or hearing officer authorized to perform the duties of a subordinate judicial officer of a court. The superior courts of two or more counties may appoint the same person as a hearing officer. (Government Code section 71622.5, effective October 1, 2011.) Operational Phase 1: Post Release Community Supervision Effective October 1, 2011, there is a transfer of offenders who in the past were released from CDCR under the supervision of state parole. On the effective date, persons released from state prison after serving a prison term for a felony that is not a serious felony (as described in section 1192.7(c) of the Penal Code), a violent felony (as described in section 667.5(c, a third strike (pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12), a crime where the person is classified as a High Risk Sex Offender, or a crime where the person is required as a condition of post-release supervision to undergo treatment by the California Department of Mental Health, will be supervised by a county agency, such as a probation department (to be determined by the Board of Supervisors). All other persons released from state prison on or after October 1, and all persons currently on parole, will continue to be supervised by state parole. (Penal Code section 3451, effective October 1, 201l.) This post release category is typically re2