BACKGROUND:
The California Legislature passed Assembly Bill 109 (Chapter 15, Statutes of 2011), which transferred responsibility for supervising certain lower-level inmates and parolees from the California Department of Corrections and Rehabilitation (CDCR) to counties. Assembly Bill 109 (AB 109) took effect on October 1, 2011 and realigned three major areas of the criminal justice system. On a prospective basis, the legislation:
• Transferred the location of incarceration for lower-level offenders (specified nonviolent, 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;
• Transferred 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); and
• Transferred the custody responsibility for parole and PRCS revocations to local jail, administered by county sheriffs.
AB109 also created an Executive Committee of the local Community Corrections Partnership (CCP) and tasked it with recommending a Realignment Plan (Plan) to the county Board of Supervisors for implementation of the criminal justice realignment. The Community Corrections Partnership is identified in statute as the following:
Community Corrections Partnership
1. Chief Probation Officer (Chair)
2. Presiding Judge (or designee)
3. County supervisor, CAO, or a designee of the BOS
4. District Attorney
5. Public Defender
6. Sheriff
7. Chief of Police
8. Head of the County department of social services
9. Head of the County department of mental health
10. Head of the County department of employment
11. Head of the County alcohol and substance abuse programs
12. Head of the County Office of Education
13. CBO representative with experience in rehabilitative services for criminal offenders
14. Victims’ representative
Later in 2011, the Governor signed Assembly Bill 117 (Chapter 39, Statutes of 2011), which served as “clean up” legislation to AB 109. Assembly Bill 117 (AB 117) changed, among other things, the composition of the local CCP-Executive Committee. The CCP-Executive Committee is currently identified in statute as the following:
Community Corrections Partnership-Executive Committee
1. Chief Probation Officer (Chair)
2. Presiding Judge (or designee)
3. District Attorney
4. Public Defender
5. Sheriff
6. A Chief of Police
7. The head of either the County department of social services, mental health, or alcohol and drug services (as designated by the board of supervisors)
Although AB 109 and AB 117 collectively place the majority of initial planning activities for Realignment on the local CCP, it is important to note that neither piece of legislation cedes powers vested in a county Board of Supervisors’ oversight of and purview over how AB 109 funding is spent. Once the Plan is adopted, the Board of Supervisors can choose to implement that Plan in any manner it may wish.
Today’s recommended actions were approved by the Public Protection Committee (PPC) at the December 12, 2016 meeting. The Committee recommends an appointment term of one-year for all non ex-officio seats and plans to make appointment/reappointment recommendations to the Board of Supervisors annually. The PPC continues to acknowledge that, under California law, the Police Chief seat is appointed by the Board of Supervisors and recommends that the appointee be rotated between the cities with the highest number of AB 109 population (which currently are Richmond, Pittsburg, Antioch and Concord). The PPC is recommending the appointment of Police Chief Allwyn Brown from the City of Richmond to serve on the CY2017 CCP and CCP-Executive Committees.
CONSEQUENCE OF NEGATIVE ACTION:
The Community Corrections Partnership (CCP) and CCP-Executive Committee will not be formally seated for calendar year 2017.
CHILDREN'S IMPACT STATEMENT:
No impact.