Unintended Impacts of AB 109, Proposition 47 & 57

Similar documents
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL JEFFREY C. PARKER, CITY MANAGER KEEPING CALIFORNIA SAFE ACT RESOLUTION OF SUPPORT

Thursday, February 01, :29 PM. FW: Critical Support Needed for our Public Safety Initiative!

UNIFORM FELONY BAIL SCHEDULE (PENAL CODE)

5. If I m in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail?

SEC. 4. PAROLE CONSIDERATION

PC: , 457.1, 872, CVC: (C) TITLE 8: INMATE RELEASE I. PURPOSE:

2018 UNIFORM BAIL SCHEDULE (Felony and Misdemeanor) SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

2012 FELONY AND MISDEMEANOR BAIL SCHEDULE COUNTY OF IMPERIAL

2016 UNIFORM BAIL SCHEDULE (Felony and Misdemeanor) SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

CONTRA COSTA COUNTY FELONY BAIL SCHEDULE JANUARY 1, 2013

MARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER. DATE Chapter 5- Operations GO /11/2014 PAGE 1 of 6. Immigration Status (Trust Act implementation)

For Informational Purposes (916) July 15, 2011

Immigration Violations

Let others know about the FREE legal resources available at LA Law Library. #ProBonoWeek #LALawLibrary

FELONY BAIL SCHEDULE JANUARY 2018

Relevant Facts Penal Code Section (aka expungements ) Penal Code Section 17(b), reduction of felonies to misdemeanors Proposition 47 Prop 64

TIER 2 EXCLUSIONARY CRIMES

CONTRA COSTA COUNTY FELONY BAIL SCHEDULE JANUARY 1, 2018

Felony and Misdemeanor Bail Schedule

NEVADA COUNTY SHERIFF S OFFICE

SEALING YOUR JUVENILE RECORDS

CONTRA COSTA COUNTY FELONY BAIL SCHEDULE JANUARY 1, 2016

SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE

San Bernardino County 2002 Felony Bail Schedule

Standards. SSCG21 The student will describe the causes and effects of criminal activity.

San Bernardino County 2013 Felony Bail Schedule

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 113

San Bernardino County 2018 Bail Schedule

FELONY BAIL SCHEDULE

County of Santa Clara Office of the District Attorney

PRISON LAW OFFICE. General Delivery, San Quentin CA Telephone (510) Fax (510)

Who Is In Our State Prisons?

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165

Date Jan. 7, 2016 Original X Amendment Prepared: Bill No: HB 056 Correction Substitute. Agency Code: 264. APPROPRIATION (dollars in thousands)

FELONY BAIL SCHEDULE

CHAPTER Committee Substitute for Senate Bill No. 228

CHAPTER House Bill No. 1845

SENATE BILL No. 54. December 5, 2016

87355 (Cont.) RESIDENTIAL CARE FACILITIES FOR THE ELDERLY Regulations

Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining

Determining Eligibility for Expungements & Penal Code 17(B) Reductions. Expungements and Prop 47 Clinic Training Training Module 1

The Three Strikes Reform Act of 2006.

PRACTITIONER 1. the FEATURED IN THIS ISSUE: Winter 2018 Volume 24, Issue 1. Increasing Clientele with Little Costs Three Easy Tips to Follow

Session of SENATE BILL No By Committee on Judiciary 2-1

CHAPTER Senate Bill No. 1768

Sentencing Chronic Offenders

Date Jan. 5, 2016 Original X Amendment Prepared: Bill No: HB 037 Correction Substitute. APPROPRIATION (dollars in thousands)

For the purposes of this article, the following terms have the following meanings:

Be It Enacted by the Legislature of the State of Florida:

BUSINESS LAW Chapter 3 PowerPoint Notes & Assignment Criminal Law

Overcrowding Alternatives

FELONY BAIL SCHEDULE

Criminal Statutes of Limitations Arizona

AB 109 and Prop 47 County Public Planning

HOUSE AMENDMENT Bill No. HB 737

Probation and Parole Violators in State Prison, 1991

Colorado Legislative Council Staff

LAFLA Volunteer Expungement Guide

4B1.1 GUIDELINES MANUAL November 1, 2014

CHAPTER Committee Substitute for Senate Bill No. 1282

California Department of Justice - Criminal Justice Statistics Center. Data Characteristics and Known Limitations Charges Criminal Justice Glossary

Who Is In Our State Prisons? From the Office of California State Senator George Runner

Select Florida Mandatory Minimum Laws

Chapter 4-1 Criminal Law

CHANGES: An Arrest is taking a person into custody, in a case and in the manner authorized by law. (Penal Code 834.)

THE SERVICE OF SENTENCES AND CREDIT APPLICABLE TO OFFENDERS IN CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS

Criminal Offenses Requiring Denial, Suspension, or Revocation of Teaching Credentials

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO. Defendant I N F O R M A T I O N S U M M A R Y

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 HOUSE BILL 1403 RATIFIED BILL

Superior Court of California County of Sacramento. Felony & Misdemeanor Bail Schedules

PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Penal Code Offenses.. 1. Health & Safety Code Offenses..7. Vehicle Code Offenses...9. Welfare & Institutions Code..9

Fort Worth ISD EMPLOYMENT REQUIREMENTS AND RESTRICTIONS CRIMINAL HISTORY AND CREDIT REPORTS

MISSISSIPPI LEGISLATURE REGULAR SESSION 2018

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017

the following definitions shall apply:

MINNESOTA STATUTES 2016

LAWS RELATING TO LIFETIME SUPERVISION

NEW AVENUES FOR REDUCING TIS CONFINEMENT TIME

POLICY AND OPERATING PROCEDURE

to the child, the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation

MICHIGAN PRISONERS, VIOLENT CRIME, AND PUBLIC SAFETY: A PROSECUTOR S REPORT. PAAM Corrections Committee. Prosecuting Attorneys Association of Michigan

NIBRS Crime Types. Crimes Against Persons. Murder. Aggravated Assault. Forcible Sex Offenses. Non Forcible Sex Offenses. Kidnapping/Abduction

HOUSE BILL NO. HB0094. Sponsored by: Joint Judiciary Interim Committee A BILL. for. AN ACT relating to criminal justice; amending provisions

18 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Subject OFFENSE CLEARANCE PROCEDURE. 21 September By Order of the Police Commissioner

Case3:01-cv TEH Document2826 Filed12/01/14 Page1 of 2

Business Law Chapter 9 Handout

BARRED OFFENSES REGULATED CHILD CARE Effective November 1, 2016

Sentencing in Colorado

The True Cost of Justice in Marion County

IDAHO SEX-OFFENDER REGISTRATION AND NOTIFICATION

Superior Court of Washington For Pierce County

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 667

Barbados. POLICE 2. Crimes recorded in criminal (police) statistics, by type of crime including attempts to commit crimes

As Introduced. Regular Session H. B. No

AMENDED ORDER GOVERNING THE MOVEMENT OF SELECTED INMATES INTO COMMUNITY CORRECTIONS PROGRAMS, OSCEOLA COUNTY

SENATE BILL No Introduced by Senators Lara and Mitchell. February 16, 2018

Diverting Low-Risk Offenders From Florida Prisons A Presentation to the Senate Appropriations Subcommittee on Criminal and Civil Justice

14-257: Repealed by Session Laws 1994, Ex. Sess., c. 14, s. 72(12).

Transcription:

Unintended Impacts of AB 109, Proposition 47 & 57 Michele Hanisee President Association of Deputy District Attorneys MicheleHanisee@gmail.com LAADDA.COM Intent & Effect: AB 109 1. Transferred responsibility for housing and supervision of some sentenced felons to counties. 2. Shifted supervision of some released felons from State Parole to County Probation. 3. Reduced penalties for violation of terms of release.

AB 109 Unintended Results: Filled up county jail with felons serving long-term sentences. Allowed felons with violent histories to be released to minimal supervision based on their current commitment offense. In 2011, Governor Jerry Brown signed Assembly Bill 109; the California State Public Safety Realignment Plan. This plan shifted the supervision of individuals who were convicted of non-violent, non-serious, nonhigh risk sexual offenses from the State Parole s jurisdiction to the local county probation departments throughout the state. Between September and November in 2011, the Department received approximately 4,000 former parolees for supervision services.

Documented gang member Convictions include: Murder Robbery Theft Concealed dirk / dagger Drugs Released to L.A. County Probation : June 28, 2016 Arrest Warrant Issued: February 2017 Henson was released from state prison to the supervision of the Los Angeles County Probation Department on June 28, 2016. Under the Governor s Public Safety Realignment Act of 2011, better known as Assembly Bill 109 (AB 109), the responsibility of lower level offenders was shifted from the State to Los Angeles County Henson qualified to be released to the supervision of probation, under AB 109, because his current commitment offense for carrying a concealed dirk or dagger is defined as non serious and non violent under the California penal code.

Prop. 47 Intent & Effect: 1. Reduced sentences for drug possession to a misdemeanor. 2. Made all thefts under $950 misdemeanor offenses, even for repeat offenses. Prop. 47 Unintended Results: Eliminated DNA collection for those crimes. Reduced ability of police to arrest repeat theft offenders. No room in jail for misdemeanor sentences due to housing felons under AB 109. Dis-incentivized reporting and arrests as victims learned police could not arrest and perpetrators would not be punished.

The guard was identified by a cousin as 28 year old Joe Lopez. A man in his 20s described as a "transient" was trying to steal two cans of beer from the Food 4 Less in the 12600 block of Glenoaks Boulevard in Sylmar when the incident occurred, authorities said. "It appears to be a beer run gone bad," LAPD Officer Taylor McLaws said. "They went in to steal beer and got into some sort of altercation with security." When the man left the store with the stolen beer, Lopez chased after him on his bicycle while on duty as a security guard, authorities said. The two men wrestled on the sidewalk outside the store, when the thief plunged a blade into Lopez's neck, according to an eyewitness account. "He just cut his neck... so he killed him," Elena Lira, a witness, said. "I guess he was just doing his job," Lira said. "But for two beers, he lost his life." Prop. 57 Intent & Effect: 1. Allowed for early release of nonviolent inmates from state prison.

Prop. 57 Unintended Results: Crimes not already defined as violent count as non-violent. Constitutional rights of victims being unlawfully reduced. Not Violent felonies Human trafficking of a minor for sex [PC236.1(c)] Hate crimes [PC 422.7] Arson of forest land causing physical injury [PC 451(c)] Assault w/ deadly weapon on peace officer [245(c)] Active participation in a street gang [186.22] Exploding destructive device w/ intent to cause injury [18740] First degree burglary [PC 459]

Not Violent felonies Assault with a deadly weapon or force likely to cause great bodily injury [245(a)(1) &(4)] Domestic violence [273.5] Battery with Serious Bodily Injury [243(d)] Solicitation to Commit Murder [653f(b)] Inflicting corporal injury on a child [PC 273d] Rape/sodomy/oral copulation of unconscious person or by use of date rape drugs. [ 261(a)(3) & (4), 286(f), 288a(f)]

Reducing Crime and Keeping California Safe Act of 2018.

Reclassifies current non-violent crimes as violent to prevent the early release of inmates convicted of these crimes. Expands parole oversight and strengthens penalties for parole violations. Reforms theft laws to restore accountability for serial thieves and organized theft rings. Expands DNA collection to include those convicted of misdemeanor drug, theft, and domestic violence crimes to help solve rapes, murders and other violent crimes and to exonerate those wrongly accused. Restores rights of victims to be heard before early release of the perpetrator.

KeepCaliforniaSafe.org #KeepCASafe www.legislature.ca.gov findyourrep.legislature.ca.gov