Criminal justice realignment.

Existing law creates the California Council on Criminal Justice with certain powers and duties. SB 92 of the 2011–12 Regular Session would eliminate the California Council on Criminal Justice and assign its powers and duties to the Board of State and Community Corrections. This bill would restore the California Council on Criminal Justice and delay the elimination and assignment of its powers and duties to the Board of State and Community Corrections until July 1, 2012. The bill would also make other specified provisions amended by SB 92 related to the Gang Violence Suppression Program within the Board of State and Community Corrections operative on July 1, 2012. Under existing law, the Corrections Standards Authority is responsible for developing, approving, and monitoring standards for the selection and training of state correctional peace officers and apprentices. SB 92 of the 2011–12 Regular Session created the Commission on Correctional Peace Officer Standards Training to succeed to these functions. This bill would instead make those provisions operative on July 1, 2012. The bill would also make certain provisions related to Community Corrections Performance Incentives funds and local Community Corrections Partnerships, as amended by AB 117 of the 2011–12 Regular Session, operative on the day this act becomes operative. Existing law, as added by AB 117, provides that persons released from state prison on or after July 1, 2013, after serving a prison term or whose sentence has been deemed served, for any of specified crimes shall be subject to parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county where the parolee is released or resides for the purpose of hearing petitions to revoke parole and impose a term of custody. This bill would also provide that the above provision applies to a person released from state prison prior to July 1, 2013. Furthermore, parolees subject to these provisions who are being held for a parole violation in a county jail on July 1, 2013, shall be subject to the jurisdiction of the Board of Parole Hearings. Existing law, as added by AB 117, provides rules for parolees who were paroled from state prison prior to October 1, 2011, effective only until October 1, 2014, and on that date and thereafter any person, who is not on parole for specified crimes or within a specified classification, shall be discharged from parole. This bill would make these rules effective indefinitely and delete the provision requiring the discharge from parole as specified above. Existing law provides that, except as specified, a felony punishable pursuant to certain provisions where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or 2 or 3 years. Existing law, as amended by AB 117, provides that a judge, when imposing a sentence pursuant to specified provisions, including provisions other than those provisions referenced above where the term is not specified in the underlying offense, may order the defendant to serve a term in a county jail for a period not to exceed the maximum possible term of confinement or may impose a sentence which includes a period of county jail time and a period of mandatory probation not to exceed the maximum possible sentence. This bill would narrow the judge's ability to order a sentence pursuant to the provisions above only in cases where a felony is punishable pursuant to the certain provisions referenced above where the term is not specified in the underlying offense. This bill would appropriate $1,000 to the Department of Corrections and Rehabilitation for the purpose of state operations. The bill would also make various technical corrections. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.