A presentation to the Yuba County Board of Supervisors

from the Yuba County Community Corrections Partnership

September 20, 2011

Criminal Justice Realignment OCTOBER 1,

2011

The Intent of Realignment…

Reduce the California prison population to comply with the US Supreme Court Ruling

Reduce State spending

Hopefully, reduce recidivism

How will this be done?

“Realign” low level felony offenders from the

State correctional system to a locally run

community based corrections program,

which will utilize community based

punishment, evidence based practices, and

improved supervision strategies to improve

public safety

The Standard: Evidence Based Practices

Demonstrated by scientific research to reduce

recidivism among individuals on Probation, Parole and Post Release Community

Supervision

PC 17.5(a)(9)

How will this be done in reality

By changing the legal definition of over 500 felony crimes to provide for punishment by local jail time only and not State’s Prison commitments. The length of the sentence is the same. There is no parole when these offenders are released from jail.

The shifting the supervision of the majority of Parolees leaving State’s Prison to the Probation Department instead of State Parole. Parolees who violate parole do not return to State’s Prison but do their time in the local jail.

Which Offenders are Affected?

Pre-Release

PC 1203.018: Electronic Surveillance in Lieu of Bail

• Board of Supervisors with DA and Sheriff to make the rules

• Misdemeanant housed for over 30 days awaiting trial

• Felon housed for over 60 days awaiting trial

PC 1203.018: Electronic Surveillance in Lieu of Bail

• No holds or warrants

• Defendant must agree in writing to comply with the rules

• Defendant can go to work, school, and medical or psych appointments

Does not require court intervention

Realignment of Categories of Felony Crimes and Punishment

Definition of Felony

Currently - A Felony is a crime punishable by death or imprisonment in the state prison

At sentencing, a judge determines your eligibility and suitability for a grant of probation…if probation is denied, the judge selects a term of imprisonment in State’s Prison. When you complete that term, you are released on State Parole.

A New Definition – The “Non/Non/Non” Felonies

Post AB 109 Over 500 felony crimes are amended to

provide that punishment is not by imprisonment in the State Prison, but instead shall be punished by imprisonment in the county jail pursuant to PC 1170(h).

These crimes have been described as the“non / non / non” felonies, for non-

violent, non- serious, and non-sex offender registerible

PC 1170(h): Non/Non/NonsThe term of imprisonment in the county jail is the same as what the term would have been in State’s Prison…

The change is where the prisoner is housed, not in the amount of time the prisoner does…

If defendant completes whole term in local custody, he or she is released with no parole/probation

Applies to anyone sentenced on or after 10/1/2011 for one of the newly

amended felony crimes, irrespective of when the crime was committed

Something totally new…the Split Sentence Option for “N3”s

• Judge may order the maximum term possible of confinement,

or

• May impose sentence that includes a period of jail time and period of “mandatory supervision” by the Probation Department, not to exceed the maximum possible term

Sentencing Possibilities under the Split Sentence Option

If eligible and suitable, impose a probation grant for up to 5 years of probation supervision

Deny probation, and impose a full term served in the county jail (“county prison”)

Split Sentence: Deny probation, and impose a portion of term to be served in jail with the concluding portion served on Mandatory Supervision

An Example of the Split Sentence Option

AUTO THEFT – 3 YEAR MAX

Example Option #1: 1 year Jail + 2 years Mandatory Supervision

1 year Jail = 6 actual months custody

2 years Mandatory Supervision

Net actual duration of 30 months under the jurisdiction of the local correctional system

AUTO THEFT – 3 YEAR MAX

Example Option #2: 2 years jail + 1 year Mandatory Supervision

2 years jail = 12 actual months in custody

1 year mandatory supervision

Net actual duration of 24 months under the jurisdiction of the local correctional system

Exceptions to Non/Non/Non Sentencing: Local Prison Disqualifiers

Defendant has Prior “Serious Felony” conviction

Defendant has Prior “Violent Felony” conviction

Required to register as a sex offender pursuant to Penal Code section 290

Convicted of crime with enhancement pursuant to PC 186.11 imposed ($1,000,000 theft)

Defendant’s current crime is one of a limited number or exempted crimes – such as Domestic Violence; Physical Child Abuse; Elder Abuse, Ex-Felon with a gun, DUI with injury, Felony Evading a Peace Officer, Escape…

So, where will a convicted felon serve a term of imprisonment?

PRISON Three strikes or other life

sentence Two strikes sentence 290 Registrant Current or prior crime on the

“Serious Felony” list Current or prior crime on the

“Violent Felony” list Admission of PC 186.11

allegation ($1,000,000 theft) Current conviction on the

“exempted felony crime” list

COUNTY JAIL Any other felony

Unless Sheriff decides to pay the state to house the inmate pursuant to PC 2057

PC 1203.016 / PC 1203.017:Home Detention

• Sheriff may offer voluntarily or involuntary home detention to anyone sentenced to a term in jail custody.

Example – full termers and split / hybrid termers serving the new PC 1170(h) felonies…

• Board of Supervisors to create rules/regs

• HD inmates can work, go to school, medical or psych appointments

• Unauthorized departures for their schedules can be punishable as a Felony Escape (a State’s Prison eligible crime…)

Post Release Community Supervision and Parole

Who will supervise an offender released from state prison after October 1? CDCR PAROLE SUPERVISION

Three strikes Life Sentence High Risk Sex

Offenders Current “Serious

Felony” commitment

Current “Violent Felony” commitment

POST COMMUNITY RELEASE SUPERVISION One strike prior Low to mid risk sex

offenders Exempted felonies N3s serving time in

state prison prior to 10/1/11

Remember: N3s released after serving full term in

county jail are not on PCS. They are completed

unsupervised!

Post Release Community Supervision

Supervised by Probation Intermediate sanctions (example - 10 days of flash

incarceration; residential rehab; AOWP)

Formal Revocations by the Superior Court Petition filed by Probation Prosecuted by DA Punishment limited to a maximum of 180 days per

violation

Length of PCS 3 years max 6 months with no violations may be discharged 12 months with no violation shall be discharged

What about Parole?

Who is still on State Parole and supervised by Parole Agents?

Serious or Violent committing offense Third Strikers High Risk Sex Offenders MDOs Murder/Certain Sex Crimes (PC 3000.1) ***

Revocations

Served in County Jail (max of 180 days) ***Except for Murder/Certain Sex Crimes

Where will offenders serve Parole revocations?

CDCR – STATE PRISON

Lifer

Three Striker

Murder

Certain Sex Crimes

COUNTY JAIL

One Strike Prior

Low to High Risk Sex Offender

Current 1192.7 or 667.5 crime

Prior 1192.7 or 667.5 crime

Exempted felons sent to state prison

MDOs

Future of ParoleJuly 1, 2013

Parole continues to supervise serious/violent felons, MDOs, three strikes, and high risk sex offenders

Beginning July 1, 2013, Court will handle revocations, discharge, modifications and issue warrants

All court filings and hearings will be handled by the District Attorney’s Office

Max revocation will be 180 days (90 with credits)

BPH will only remain responsible for Murder/Certain Sex Offenders released from prison

Practical Implications for Yuba County…

Why You Should Care…Realignment is anticipated to be the biggest

public policy change to Public Safety we will see in our professional lifetimes…

IT WILL

Drive Public Safety policies and operational resources both here in Yuba County and statewide

Challenge the relationships between county law enforcement agencies

Affect the expectations our community has of the Justice System

The Straightforward TasksDetermine Capacity – both jail and Probation Who is already in our local system?

Who will be coming into our local system?

An average of 222 State’s Prison commitments per year over the past 5 years; 166% over the State average rate…

CDCR estimates...

78 sentenced to local prison commitments in the first year, with an estimate of 94 under sentence at any one time by Year Four

18 Parole and Post Release Community Supervision violators in jail on revocations

in the first year, with an estimate of 19 incarcerated at any one time by Year Four

106 Postrelease community supervision

The Straightforward Tasks

Analyze the Alternatives to Incarceration

What are the various risk levels, and how should alternatives to incarceration be best used?

What existing programs do we have, and how can they be expanded?

What new programs are available, and what must be created?

Examples – drug rehabilitation, work training and education, home detention with electronic monitoring, Day Reporting Centers

Retooling What We Do…- The Realignment Plan

The Yuba County CCP Executive Committee will propose the Yuba County Realignment implementation plan to the Board of Supervisors on 9/27/11)

The Plan is deemed accepted unless rejected by the Board by a 4/5 vote

The Yuba County Realignment Plan- Implementation Goals

Phased / Incremental Approach

Fiscally Conservative

Sheriff/Probation Partner Where Possible

Maintain ICE Bed Space

Immediate Needs Prepare for new “local prison” commitment and

Post Release Community Supervision Population Day Reporting Center / Transfer and Expand

AOWP Pre-Trial and Post-Conviction Electronic

Monitoring Data Collection & Evaluation

Unanticipated consequences

No Room at the Inn - how do we react? Ensuring Crime Victim’s Constitutional

Rights under Marsy’s Law

Funding – Like what happens next year? Lots of future litigation (i.e. will those prison

lawsuits become county lawsuits, etc.)

Changing the way we do business

The Future is Here in 10 Days…

"Clearly the successful implementation of realignment will

require a significant paradigm shift in our public safety

communities.  The successful model will not be an

incarceration model, but one that seeks to divert and

rehabilitate citizens, returning them to be productive members

of our community.  Hopefully, the construct of the CCP - that is

intended to drive the local public safety community to a

consensus about a "different way of doing business" - will

ultimately lead to that approach.“

Paul McIntosh; Executive Director; CSAC