Agenda

Return

C.112

To:	Board of Supervisors
From:	PUBLIC PROTECTION COMMITTEE
Date:	December 13, 2011

Contra

Costa

County

Subject:

STATUS REPORT ON PUBLIC SAFETY REALIGNMENT

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/13/2011

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	JULIE ENEA (925) 335-1077
cc:	PPC Staff

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 13, 2011
,

BY:	, Deputy

RECOMMENDATION(S):

ACCEPT status report on the implementation of public safety realignment for criminal justice programs.

FISCAL IMPACT:

None. This is an informational report only.

BACKGROUND:

The California Legislature passed the Public Safety Realignment Act (Assembly Bill 109), which transfers responsibility for supervising specific low-level inmates and parolees from the California Department of Corrections and Rehabilitation (CDCR) to counties. Assembly Bill 109 (AB 109) took effect October 1, 2011 and realigned three major areas of the criminal justice system. On a prospective basis, the legislation:

BACKGROUND: (CONT'D)

Transfers the location of incarceration for lower-level offenders (specified non-violent, non-serious, non-sex offenders) from state prison to local county jail and provides for an expanded role for post-release supervision for these offenders;
Transfers responsibility for post-release supervision of lower-level offenders (those released from prison after having served a sentence for a non-violent, non-serious, and non-sex offense) from the state to the county level by creating a new category of supervision called Post-Release Community Supervision (PRCS);
Transfers the housing responsibility for parole and PRCS revocations to local jail custody

AB 109 also tasked the local Community Corrections Partnership (CCP) with recommending to the County Board of Supervisors a plan for implementing the criminal justice realignment, which shall be deemed accepted by the Board unless rejected by a 4/5th vote. The Executive Committee of the CCP is composed of the County Probation Officer (Chair), Sheriff-Coroner, a Chief of Police (represented by the Richmond Police Chief), District Attorney, Public Defender, Presiding Judge of the Superior Court or designee, and Health Director as agreed by the County Administrative Officer.

On October 4, 2011, the Board of Supervisors approved the CCP Realignment Implementation Plan and the CCP Executive Committee has been meeting monthly to monitor the plan and state revenue distributions, and formulate recommendations, if necessary, for plan adjustment. The CCP most recently met on December 1 to report on the first two months’ experience under realignment. Following are highlights of the report, as presented to our Committee by County Probation Officer and CCP Chairman Philip Kader:


Probation – Post-Release Community Supervision

• Has identified 120 pre-release offenders that will be released to Probation

• 69 are being actively supervised

• Issued four warrants for failure to appear

• No violations/revocations of community supervision

Sheriff

• 188 parole violators in custody vs. 112 projected by the State – 68% above state projections

• 47 new AB 109 commitments vs. 8 projected by the State - 488% above state projections

• No instances of flash incarceration

• Has noticed changes in sentencing by the Court of non-AB 109 offenders. Specifically, more non-AB 109 offenders are being sentenced to electronic monitoring, which will create capacity problems if the practice continues.

Health Services

• Received four referrals for shelter beds

• Enrolled two in shelter beds for a total of 22 bed days

• Provided 16 units of client services to two clients

County Administrator

Reported that realignment revenue based on three months’ receipts (September – November 2011) is projecting at about 85% of the targeted 2011/12 allocation. While the Governor has promised to fully fund counties at the allocated levels for FY 2011/12, there is no statutory guarantee for this year or future years. Allocations are dependent on State sales tax and vehicle license fee receipts. The current 85% projection has created concern statewide but foremost among those counties, including Contra Costa, that were disadvantaged this year by the allocation formula. Looming state trigger cuts have the potential to decimate realignment efforts.


Early Conclusions

The first two months of experience indicate that community supervision commitments are close to projected levels, but custody commitments are significantly higher than projected. The demand for shelter beds is also higher than expected but demand for alcohol and drug abuse services is lower than expected.

VOTE OF SUPERVISORS

RECOMMENDATION(S):

FISCAL IMPACT:

BACKGROUND:

BACKGROUND: (CONT'D)

CONSEQUENCE OF NEGATIVE ACTION:

CHILDREN'S IMPACT STATEMENT: