Public safety: realignment.

(1) Existing law, for purposes of the crime of money laundering, defines criminal activity to mean a criminal offense punishable by the laws of the state by death or imprisonment in the state prison. This bill would include in the definition of criminal activity a criminal offense punishable by imprisonment in county jail for more than one year. By changing the definition of a crime, this bill would impose a state-mandated local program. (2) Existing law defines a felony as a crime that is punishable by death, imprisonment in the state prison, or imprisonment in a county jail for more than one year. Existing law also provides exceptions to imprisonment in a county jail for a variety of felonies, including serious or violent felonies and any felony for which registration as a sex offender is required, among other exceptions. Under existing law, when a court commits a person to county jail for a felony, the court has the option of committing that person for the full term of his or her sentence or suspending execution of a concluding portion of the term, during which time the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation. Existing law provides for the revocation of probation, as specified. This bill would define mandatory supervision as the portion of the term that a defendant serves under supervision in compliance with the above provision. The bill would, for those crimes defined as serious or violent crimes or crimes for which registration as a sex offender is required, specify that the sentence is to be served in state prison. The bill would require the revocation or modification of mandatory supervision to be made pursuant to provisions of existing law providing for the revocation of probation as well as make the provisions for the revocation of probation applicable to the revocation of postrelease community supervision and parole. The bill would make related conforming changes. (3) Existing law establishes a program of postrelease community supervision for certain persons who are released from prison or whose sentence has been deemed served after serving a prison term for a felony. Existing law requires that these persons enter into a postrelease community supervision agreement as a condition of their release. Existing law includes specified provisions relating to a person who is on parole or probation, including HIV testing and release of summary criminal history information to the attorney representing the person. This bill would include a person who is subject to mandatory supervision or postrelease community supervision in specified provisions applicable to persons on parole and probation. The bill would require a person who is eligible for postrelease community supervision to be given notice that they are subject to postrelease community supervision prior to release and would remove the requirement for the person to enter into a postrelease community supervision agreement. (4) Existing law requires prisoners on parole to remain under the supervision of the Department of Corrections and Rehabilitation but prohibits them from being returned to prison except under specified circumstances. This bill would authorize a parolee awaiting parole revocation processing to be housed in a county jail in the county where he or she was arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail, in a county with which the arresting county has contracted while awaiting revocation proceedings or to be placed in an alternative custody program under the sole jurisdiction of the county. The bill would also authorize the housing of a juvenile who is awaiting parole revocation in a facility of the Division of Juvenile Facilities. (5) Under existing law, when a person is convicted of 2 or more crimes, the 2nd or subsequent judgment upon which sentence is ordered to be executed is required to direct whether the terms of imprisonment run concurrently or consecutively. This bill would require, whenever a court imposes a concurrent term of imprisonment in the state prison for any one crime, the terms for all other crimes for which the person is convicted be served in state prison. (6) Existing law, as amended by Proposition 69, approved by the voters at the November 2, 2004, statewide general election, subjects certain offenders to the collection of buccal swab samples, right thumbprints, a full palm print impression of each hand, and blood specimens or other biological samples for law enforcement identification analysis. Existing law requires these samples to be collected from any person on probation, parole, or other release, including any juvenile, who has a record of any past or present conviction for specified offenses and who is on probation or parole for any felony or misdemeanor offense, provided certain specified qualifications are met. Proposition 69 may be amended by a statute that is passed by each house of the Legislature and signed by the Governor, if the amendments further the purpose of the proposition and enhance the use of DNA identification evidence, for the purposes of accurate and expeditious crime-solving and exonerating the innocent. This bill would include, in addition to offenders on probation or parole, any person, including a juvenile, who meets the above criteria and who is on postrelease community supervision or mandatory supervision. Because this bill would impose additional duties on local agencies to collect these samples, this bill would impose a state-mandated local program. (7) Existing law requires incarceration in a county jail for certain specified felonies, and authorizes the court, when imposing a felony sentence to be served in county jail, to commit the defendant to a full term in custody, or, in the court's discretion, to suspend execution of a concluding portion of the term during which the defendant is supervised by the county probation officer for the remaining unserved portion of the sentence. Existing law provides that this period of supervision shall be mandatory, and may not be earlier terminated by the court. Existing law provides that a suspended sentence imposed pursuant to these provisions qualifies as a prior county jail term for purposes of imposing a one-year sentence enhancement when the term is suspended by the court to allow postrelease supervision. This bill would clarify this provision as imposing the one-year sentence enhancement because of a prior term that was suspended by the court to allow for mandatory supervision rather than postrelease supervision. (8) Existing law provides that during the period when a defendant is under mandatory supervision that the defendant is entitled only to actual time credit against the term of imprisonment imposed by the court. This bill would specify that any time period which is suspended because a person has absconded would not be credited toward the period of supervision. (9) Except as provided, existing law requires that prosecution for an offense punishable in state prison or in a county jail for more than one year be commenced within 3 years of the offense. This bill would make a conforming change by clarifying that prosecution for an offense not punishable by imprisonment in a county jail for a felony conviction shall be commenced within one year after the commission of the offense. (10) Existing law provides for the punishment of certain felonies by imprisonment in a county jail for a term exceeding one year. Notwithstanding these provisions, existing law requires that certain defendants with current or prior serious or violent felonies, or who are required to register as sex offenders, serve their sentences in state prison. This bill would also require a sentence to be served in state prison for a defendant who has a prior juvenile adjudication for a violent or serious felony, or certain other enumerated felonies, that was committed when the defendant was 16 years of age or older. This bill would make additional clarifying changes providing for the punishment of specified felonies in a county jail. (11) Existing law allows the supervisors of any county to authorize an electronic monitoring program for inmates being held in lieu of bail in a county jail, provided that the inmate has no holds or outstanding warrants and has either been held in custody for at least 30 calendar days from the date of arraignment pending disposition of only misdemeanor charges, or has been held in custody pending disposition of charges for at least 60 calendar days from the date of arraignment. This bill would additionally allow an inmate to qualify for participation in the electronic monitoring program if the inmate is appropriate for the program based on a determination by the correctional administrator that the inmate's participation would be consistent with the public safety interests of the community. (12) Existing law requires that any parolee who was paroled from state prison prior to October 1, 2011, upon completion of a revocation term on or after November 1, 2011, to either remain under parole supervision of the Department of Corrections and Rehabilitation or be placed on postrelease community supervision. This bill would require that any person on postrelease community supervision after serving a term for a parole revocation pursuant to these provisions serve a period of postrelease supervision that is no longer than the time period for which the person would have served if the person had remained on parole. (13) Except as provided, existing law provides that a parolee may be housed in a county jail for a maximum of 180 days upon revocation of parole. Existing law also provides for sanctions or revocation of postrelease community supervision, and provides that confinement following these actions shall not exceed a period of 180 days in county jail. This bill would clarify that the maximum 180 days in county jail for a parole revocation or postrelease community supervision sanction or revocation applies per parole revocation or for each custodial sanction. (14) Existing law provides for postrelease community supervision for all persons released from prison on and after October 1, 2011, who did not serve a prison term for a violent or serious felony, or a crime where the person was classified as a High Risk Sex Offender, among others. This bill would provide that the local supervising agency for purposes of postrelease community supervision, in coordination with the sheriff or local correction administrator, may require any person released onto postrelease community supervision to report to a supervising agent or designated local supervising agency within 2 days of release from the county jail. The bill would specify that this provision does not prohibit the local supervising agency from requiring the person to report to his or her assigned supervising agent within a time period that is less than 2 days from the time of release. The bill would provide that the sheriff or local correctional administrator may release an inmate sentenced prior to the effective date of the act adding these provisions one or 2 days before his or her scheduled release date if the inmate's release date falls on the day before a holiday or weekend. (15) Existing law provides, if authorized by a court as specified, that when the actual inmate count exceeds the actual bed capacity of a county or city jail, that the person responsible for the jail may accelerate the release of sentenced inmates up to a maximum of 5 days. This would allow for the acceleration of release up to a maximum of 30 days. (16) Various provisions of existing law provide for the testing of persons in the criminal justice system for HIV and provides procedures regarding exposure to bodily fluids. Existing law applies these provisions to persons on parole or probation. This bill would also make these provisions applicable to persons on mandatory supervision or postrelease community supervision. Because this bill would impose additional duties on local agencies in regard to testing for HIV for persons on mandatory supervision and postrelease community supervision, the bill would impose a state-mandated local program. (17) Existing law requires the Department of Justice to maintain state summary criminal history information and to make it available to a public defender or attorney of record when representing a person in a criminal case or a parole revocation or revocation extension hearing. This bill would require the Department of Justice to make the state summary criminal history information available to the public defender or attorney of record when representing someone in a postrelease community supervision or mandatory supervision revocation or revocation extension proceeding. (18) Existing law requires a local agency to furnish local summary criminal history information to a public defender or attorney of record when representing a person in a criminal case and when authorized access by statutory or decisional law. This bill would additionally require the local agency to furnish the local summary criminal history information to a public defender or attorney of record when representing a person in a parole, postrelease community supervision, or mandatory supervision revocation or revocation extension proceeding. By imposing new duties on local agencies, this bill would impose a state-mandated local program. (19) Existing law authorizes each of the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare to develop within its respective jurisdiction a Central Valley Rural Crime Prevention Program, to be administered by the county district attorney's office of each respective county under a joint powers agreement with the corresponding county sheriff's office, as provided. Existing law makes these provisions inoperative on July 1, 2012, and repeals these provisions January 1, 2013. Existing law authorizes the Counties of Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and San Benito to each develop within their respective jurisdictions a Central Coast Rural Crime Prevention Program, to be administered by the county district attorney's office of each respective county under a joint powers agreement with the corresponding county sheriff's office, as provided. Existing law makes these provisions inoperative on July 1, 2013, and repeals these provisions January 1, 2014. This bill would delete the provisions repealing the authorization for these programs, thereby making the programs operative indefinitely. (20) Existing law authorizes a county to impose a fee, not to exceed 12 of the actual administrative costs, upon a city, special district, school district, community college district, college, or university for reimbursement of county expenses incurred with respect to the processing of persons arrested by an employee of the city, special district, school district, community college district, college, or university when the arrestee is brought to the county jail for booking or detention. Existing law requires the county to adopt any increase in this fee prior to the beginning of its fiscal year and only after 45 days' written notice to the affected entities of a public meeting on the fee increase and the holding of the public meeting. This bill would no longer limit fee increases to the beginning of a fiscal year and would remove the notice and public meeting requirements for the county. (21) Under existing law, cities and counties that charge fees to a city, special district, school district, community college district, college, or university as specified above, are authorized to apply to the Controller to receive funding that is equal to the fee revenue received by the city or county during the 2006–07 fiscal year, to the extent funding is appropriated, or proportional to other entities if funding is insufficient. Existing law, commencing with the 2009–10 fiscal year, funds these payments from the Local Safety and Protection Account in the Transportation Tax Fund and, commencing with the 2011–12 fiscal year, funds the payments with a $35,000,000 appropriation from the Local Law Enforcement Services Account in the Local Revenue Fund 2011. This bill would, commencing with the 2012–13 fiscal year, allocate funds as specified from the Enhancing Law Enforcement Activities Subaccount. The bill would appropriate, for the 2012–13 fiscal year and beyond, moneys that previously came from the Local Law Enforcement Services Account from the Enhancing Law Enforcement Activities Subaccount. (22) Existing law requires each county to establish in the county treasury a Supplemental Law Enforcement Services Account (SLESA) for the receipt and allocation of funds for specified local law enforcement purposes, including jail construction and operation, criminal prosecution, and juvenile justice plans. Under existing law, funds that are unspent or which were allocated to an entity that did not qualify for receipt of the funds are required to be returned to the originating account. Existing law requires each county to establish a Supplemental Law Enforcement Oversight Committee (SLEOC) to determine whether the recipient entities have expended moneys received from the SLESA appropriately. Existing law requires city and county auditors and treasurers to submit specified information on the allocations from the SLESA and to the SLEOC and requires a summary of the reports to be submitted to the Controller and other entities by each SLEOC. This bill would make specified changes in the procedures by which counties and other local entities distribute the funds placed in the SLESA, including removing the requirement for each county to have a SLEOC and would remove the above reporting requirements for cities and counties expending SLESA moneys. The bill would also, for the 2012–13 fiscal year, appropriate 21.86% of the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for adult programs funded by the county SLESA funds and 21.86% to fund juvenile justice plans funded through the SLESA. The bill would remove the requirement for counties or other local entities eligible for these funds to return unspent funds or funds for which the entity did not qualify in the fiscal year. The bill would also make conforming changes. (23) Existing law appropriates 12.68% of the Local Safety Protection Account in the Transportation Fund to the California Emergency Management Agency (CalEMA) . Additionally, for the 2011–12 fiscal year, existing law requires the allocation of 9% of the Local Law Enforcement Services Account to the CalEMA for use as specified, including, but not limited to, the California Multi-Jurisdictional Methamphetamine Enforcement Teams, Multi-Agency Gang Enforcement Consortium, and the Sexual Assault Felony Enforcement Teams. This bill would, commencing with the 2012–13 fiscal year, allocate 8.35% of the Enhancing Law Enforcement Activities Subaccount for use by the specified programs described above. (24) Existing law establishes in the Board of State and Community Corrections, the Gang Violence Suppression Program to provide technical and financial assistance for district attorney's offices, local law enforcement agencies, county probation departments, school districts, county offices of education, or community-based organizations that are primarily engaged in the suppression of gang violence. Funds awarded pursuant to this program are not to supplant local funds that would ordinarily fund the activities. Existing law sets forth guidelines and criteria for funding gang suppression programs. This bill would remove the priority guidelines for funding gang suppression programs and would make the conditions for participation voluntary instead of mandatory. (25) Existing law establishes in the CalEMA a program of financial aid and technical assistance for law enforcement and district attorneys' offices, designated as the High Technology Theft Apprehension and Prosecution Program. Moneys appropriated to this program are required to be spent to fund programs that expand the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute high-technology-related crimes. Existing law provides that up to 10% of the funds appropriated to the program may be used for developing and maintaining a statewide database on high technology crime, as provided, and that the Secretary of California Emergency Management may allocate and award up to 5% of the funds to be made available to public agencies or private nonprofit organizations for the purposes of establishing statewide programs relating to deterring, investigating, and prosecuting high technology crimes. Existing law establishes the High Technology Crime Advisory Committee for the purpose of formulating a comprehensive written strategy for addressing high-technology crime in the state and advising the CalEMA on distribution of funds to regional task forces pursuant to the High Technology Theft Apprehension and Prosecution Program. This bill would dissolve the High Technology Crime Advisory Committee and remove the High Technology Theft Apprehension and Prosecution Program from the CalEMA. This bill would remove the 10% limitation on the use of the funds for the statewide database on high technology crime and the 5% limitation on the use of funds for the establishment of statewide programs relating to high technology crimes and would specify funds to be allocated to the Department of Justice and the California District Attorneys Association that may be used to fund these programs, as specified. (26) Existing law authorizes the establishment of the Central Valley Rural Crime Prevention Program and the Central Coast Rural Crime Prevention Program, until July 1, 2012, and July 1, 2013, respectively, administered by the county district attorney's office of each county under a joint powers agreement with the corresponding sheriff's office. Existing law requires the parties to the agreement to form a joint task force that includes specified parties, including the county district attorney, the county sheriff, and interested property owner groups or associations. Existing law prescribes requirements for the program implementation by the counties. This bill would extend the above programs indefinitely, would authorize the county sheriff's department to administer the program, and would make the specific provisions of the rural crime prevention programs voluntary instead of mandatory. (27) Existing law appropriates 30.19% of the Local Safety and Protection Account in the Transportation Fund to serve children who are habitual truants, runaways, at risk of being wards of the court, or under juvenile court supervision or supervision of the probation department. Existing law, for the 2011–12 fiscal year, appropriates 33.38% of the Local Law Enforcement Services Account for this purpose. This bill would appropriate, commencing with the 2012–13 fiscal year, 30.99% of the Enhancing Law Enforcement Activities Subaccount to serve children who are habitual truants, runaways, at risk of being wards of the court, or under juvenile court supervision or supervision of the probation department, as prescribed. (28) Existing law appropriates 6.47% of the Local Law Enforcement Services Account among counties that operate juvenile camps and ranches, based on the number of beds in each camp. This bill, commencing with the 2012–13 fiscal year, would appropriate 6.01% of the funds in the Enhancing Law Enforcement Activities Subaccount for this purpose. (29) Existing law makes it a crime to carry an explosive substance, other than fixed ammunition, concealed on the person, or to manufacture, import, provide, or possess any metal military practice handgrenade or metal replica handgrenade, air gauge knife, belt buckle knife, cane sword, lipstick case knife, shobi-zue, writing pen knife, ballistic knife, dirk, dagger, metal knuckles, nanchaku, leaded cane, shuriken, camouflaging firearm container, cane gun, firearm not immediately recognizable as a firearm, undetectable firearm, wallet gun, ammunition containing or consisting of any flechette dart, bullet containing or carrying an explosive agent, unconventional pistol, large-capacity magazine, multiburst trigger activator, short-barreled rifle, short-barreled shotgun, or zip gun. Under existing law these crimes are punishable either as misdemeanors punishable by imprisonment in a county jail not exceeding one year or as felonies punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. This bill would instead make these crimes punishable as misdemeanors by imprisonment in a county jail not exceeding one year, or as felonies punishable in a county jail for 16 months, or 2 or 3 years. By imposing additional incarceration costs on local agencies, this bill would impose a state-mandated local program. (30) Existing law requires that for certain specified offenders, including offenders convicted of a serious or violent felony, and persons classified as a High Risk Sex Offender, among others, the period of parole shall not exceed five years in the case of any inmate imprisoned for any offense other than first or second degree murder for which the inmate received a life sentence, and shall not exceed 3 years in the case of any other inmate, unless the Board of Parole Hearings for good cause waives parole and discharges the inmate from custody of the department. Existing law requires that at the expiration of a term of imprisonment of one year and one day, or at the expiration of a determinate sentence, the inmate shall be released on parole for a period not exceeding 3 years, except that any inmate sentenced for certain specified serious felonies shall be released on parole for a period not exceeding 10 years. Existing law provides that the sole authority to issue warrants for the return to actual custody of any state prisoner released on parole rests with the Board of Parole Hearings. This bill would make these provisions applicable to any inmate described above who is sentenced for a crime committed prior to July 1, 2013. On and after July 1, 2013, the bill would provide that the period of parole shall be imposed as specified unless waived by the Department of Corrections and Rehabilitation. The bill would require, for a crime committed on or after July 1, 2013, that at the expiration of a term of imprisonment of one year and one day, or for a determinate sentence, the inmate would be released on parole for a period of 3 years, except that any inmate sentenced for specified serious felonies would be released on parole for a period of 10 years. The bill would require the department to consider the request of an inmate whose commitment offense occurred on or after July 1, 2013, regarding the length of his or her parole and the conditions thereof, except that for persons sentenced to life would be considered by the Board of Parole Hearings. The bill would provide that on or after July 1, 2013, the sole authority to issue warrants for the return to actual custody of any state prisoner released on parole would rest with a court pursuant to provisions providing for the revocation of probation. The bill would require that a person released from prison prior to or on or after July 1, 2013, after serving a prison term, or whose sentence was deemed served after earning credits, for a serious or violent felony, or for a crime for which the person is classified as a High Risk Sex Offender, among other crimes, who is eligible for release on parole for a period of 3 years or 10 years pursuant to the above provisions, who is required to register as a sex offender pursuant to the Sex Offender Registration Act or who was imprisoned for committing a serious felony, who has been released from state prison, and who has been on parole continuously for one year since release from confinement, to be discharged from parole within 30 days, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained. The bill would require the department to submit recommendations to the Board of Parole Hearings for any person described in these provisions who has been released from state prison from October 1, 2010, to the effective date of this bill, and who has been on parole continuously for one year since his or her release from confinement. The bill would require that a person who meets this criteria who is not retained on parole by the Board of Parole Hearings by the 91st day after the effective date of this bill to be discharged from parole. (31) Existing law requires the parole authority to revoke the parole of any prisoner who refuses to sign a parole agreement setting forth the general and any special conditions applicable to the parole, among other things. Existing law prohibits the Department of Corrections and Rehabilitation from returning prison, placing a parole hold on, or reporting a parole violation regarding any person to whom specified criteria apply, including that the person did not refuse to sign the written notification of parole requirements and conditions. This bill would remove the requirement that the prisoner sign a parole agreement. The bill would instead require that the inmate be given notice that he or she is subject to terms and conditions of his or her release from prison. The bill would require the notice to include the person's release date and maximum period the person may be subject to supervision, and advisement that if the person violates any laws or conditions of his or her release that he or she may be incarcerated, as provided, and an advisement that he or she is subject to search or seizure by a probation or parole officer or other peace officer at any time day or night, with or without a search warrant or with or without cause. (32) Existing law provides that the Governor may request review of any decision by a parole authority concerning the grant or denial of parole to any inmate in a state prison, and requires a randomly selected committee comprised of 9 commissioners specifically appointed to hear adult parole matters to review the parole decision. This bill would instead require the Governor's request to be reviewed by a majority of the commissioners. (33) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (34) This bill would appropriate $1,000 from the General Fund to the Department of Corrections and Rehabilitation for the purpose of administration. (35) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.