ab 109 public safety realignment december 5, 2013

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Los Angeles County Probation Department AB 109 Public Safety Realignment December 5, 2013 Margarita Perez Assistant Chief Probation Officer

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Page 1: AB 109 Public Safety Realignment December 5, 2013

Los Angeles County Probation Department

AB 109 Public Safety Realignment

December 5, 2013

Margarita PerezAssistant Chief Probation Officer

Page 2: AB 109 Public Safety Realignment December 5, 2013

Outline

Federal Three Judge Panel -- Prison Reduction Plan

AB 109, Public Safety Realignment Act of 2011

Los Angeles County’s Management of Post Released Supervised Persons

2

Los Angeles County Probation Department

Page 3: AB 109 Public Safety Realignment December 5, 2013

Federal Three Judge Panel -Prison Reduction Plan

The prison population ballooned to twice the size of what it was designed to house.

A Federal three-judge panel ruled that the level of mental health care and medical services provided were unconstitutional in violation of the eighth amendment (cruel and unusual punishment)

The State of California was ordered to reduce the prison population to 137.5% of design capacity – roughly 110,000 inmates – by December 31, 2013.

This order led to numerous prison reduction efforts throughout the years, to include AB 109. 3

Los Angeles County Probation Department

Page 4: AB 109 Public Safety Realignment December 5, 2013

AB 109 – Public Safety Realignment Act of 2011

● Effective October 1, 2011

● AB 109 is NOT an “early release program” of State inmates, nor did it result in the “transfer” of inmates or parolees from State to local jurisdiction pre-realignment.

● Five (5) significant changes: Redefined criteria with respect to who serves their time in the county jail as

opposed to State prison.

State inmates whose current conviction is serious or violent, Mentally Disordered Offenders, High Risk Sex Offenders, and Lifers are released to the supervision of State Parole, WHILE the remainder are released to the supervision of the counties, i.e., N-3s or Post Release Supervised Persons (PSPs).

Under Penal Code 1170(h), allows judges to impose a split sentence.

Transferred the state parole revocation process to the courts.

Mandates that parole violators serve their revocation time under local jurisdiction.4

Los Angeles County Probation Department

Page 5: AB 109 Public Safety Realignment December 5, 2013

Post-Release Supervised Person (PSP) Under the jurisdiction of the Los Angeles County

Probation Department

Prison inmates whose last sentence was of a non-serious, non-violent, non-sexual nature, irrespective of prior criminal history.

Three-year PSP Supervision Condition.

Mandatory termination from supervision after a 12-month period without a custodial sanction.

Approximately 60% are assessed at high to very high risk.

5

Los Angeles County Probation Department

Page 6: AB 109 Public Safety Realignment December 5, 2013

PSP Case Management & Community Supervision

● Pre-release planning

● Risk/needs assessment

● Case plan tailored to the specific needs of the PSP

● Where appropriate, referrals are made to the appropriate rehabilitative service(s):

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Los Angeles County Probation Department

Mental Health Substance Abuse Medical Services

Housing Employment Services Etc.

Page 7: AB 109 Public Safety Realignment December 5, 2013

PSP Case Management & Community Supervision

● Ongoing Collaboration with County Partners, to include Community/Faith Based Organizations and PSP’s Family

● Unannounced Home Visits● Unannounced Narcotic Testing● Unannounced Compliance Checks● Office Visits● Enforcement of Conditions of Supervision● Follow-up on Referrals for Services● Modification of Case Management Plans● Motivational Interviewing● Cognitive Behavioral Treatment

7

Los Angeles County Probation Department

Page 8: AB 109 Public Safety Realignment December 5, 2013

GENDER SPECIFIC FOCUS● Community/Faith Based Organization Advisory Committee● Community Transition Unit● In Reach Re-Entry Services● Sober Living with Child and Transitional Living with Child● Educational Courses (parenting, pregnancy)● Gender Specific Employment Services● Gender Specific Substance Abuse Treatment

8

Los Angeles County Probation Department

Page 9: AB 109 Public Safety Realignment December 5, 2013

What if a PSP does not comply with their Conditions of Supervision?

● Graduated Sanctions

● Flash Incarceration (up to ten days in County Jail)

● Revocation up to 180-days in County Jail - with automatic half-time.

9

Los Angeles County Probation Department

PSP Case Management & Community Supervision

Page 10: AB 109 Public Safety Realignment December 5, 2013

PSP PopulationOctober 2011 through November 30, 2013

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Los Angeles County Probation Department

Population

Total Cases Accepted 19,439

Total Cases Closed 8,348

Outstanding Warrants1 1,768

Deported2 1,004

Active Cases 8,319

1 Does not include Warrants issued for deported PSPs. Snapshot at month end.2 PRCS case accepted; PSP deported

Page 11: AB 109 Public Safety Realignment December 5, 2013

Cases Accepted vs. Cases ClosedOctober 2011 through November 30, 2013

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Los Angeles County Probation Department

Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov2011 2012 2013

0

200

400

600

800

1,000

1,200

1,400

1,176

1,2591,185

1,088

1,134

986932

877

768

773

747

680 703

615 615 604

525

555 542

506538

530 524 537 549491

31 14 26 39 24 4272

135 129 104 129

98

557

567 554 570

622

557 524

519

647

522509

449520

398

Cases Accepted Total 19,439 Cases Closed Total 8,348

Page 12: AB 109 Public Safety Realignment December 5, 2013

Arrests for Misdemeanor/Felonies

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Los Angeles County Probation Department

19,439 total PRCS cases accepted as of November 30, 2013; of which 7,263 (37%) have at least one arrest for misdemeanor and/or felony (excludes flash incarceration).

PSPs Not Ar-rested63%

PSPs Arrested

37%

Page 13: AB 109 Public Safety Realignment December 5, 2013

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Los Angeles County Probation Department

Flash Incarcerations - CumulativeO

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2011 2012 2013

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2,000

4,000

6,000

8,000

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12,000

14,000

16,000

13,947

Chart Title