Sentencing: felonies.

Existing law generally provides that nonviolent and nonserious felonies are punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, or, where the term is specified, for the term described in the underlying offense. Notwithstanding these provisions, existing law requires that a sentence be served in state prison if the defendant has a prior or current conviction for a serious or violent felony, has a prior felony conviction in another jurisdiction that has all of the elements of a serious or violent felony, is required to register as a sex offender, or has an aggravated white collar crime enhancement imposed as part of the sentence. This bill would specify that no further pleading or proof of an offense, prior conviction, enhancement, or requirement to register as a sex offender that makes a person ineligible to serve a term of imprisonment in a county jail pursuant to those provisions is required. The bill would also require that a person convicted of one or more felonies committed while the person is on mandatory supervision serve the remaining time on the mandatory supervision term, as well as the new term of imprisonment, in state prison. The bill would provide that any person sentenced to mandatory supervision upon suspension of execution of his or her county jail term, and his or her residence and possessions, would be subject to search or seizure at any time, with or without a warrant and with or without cause, by an agent of the supervising county agency or by a peace officer, as specified. Under the Postrelease Community Supervision Act of 2011, certain felons, upon release from prison, are subject to community supervision provided by a county agency designated by the county's board of supervisors, and requires the county agency to maintain postrelease supervision over the person until one of specified listed events occurs, including, but not limited to, if jurisdiction over the person has been terminated by operation of law. This bill would expand the list of events that terminates postrelease supervision to include termination of jurisdiction by a new term of imprisonment for 3 years or longer for a new criminal conviction. The bill would also specify that time during which a person on postrelease supervision is in custody for a custodial sanction of a postrelease supervision condition or a new criminal conviction shall not be credited toward a discretionary 6-month discharge or a mandatory 12-month discharge. Existing law provides for a sentence enhancement of an additional and consecutive term of imprisonment of 3, 4, or 5 years in a county jail for any person who is armed with a firearm in the commission of a violation or attempted violation of certain offenses relating to the sale, manufacture, or possession of controlled substances. This bill would provide for a sentence enhancement of an additional and consecutive term of imprisonment for 3, 4, or 5 years in state prison instead of a county jail.