In 2011, 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 to counties. Assembly Bill 109 (AB 109) realigned three major areas of the criminal justice system. On a prospective basis, the legislation: (1) 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; (2) 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 (3) 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 membership of the Community Corrections Partnership is identified in statute as the following:
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:
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 March 22, 2021 meeting. The PPC recommends an appointment term of one-year for all non ex-officio seats and will continue to make appointment/reappointment recommendations to the Board of Supervisors annually. This action would renew the appointment of the victims' representative on the Community Corrections Partnership and the Director of Employment and Human Services Department on the Community Corrections Partnership - Executive Committee through December 31, 2021. In addition, one ex-officio seat for a local police chief is being appointed as the selected designee of the Contra Costa Police Chief's Association (PCA). Approval of this action will affirm that future designees will be designated by the PCA with no need to return to the Board of Supervisors in event of a vacancy. Finally, this action also appoints the new County Administrator, Monica Nino, as an ex-officio member of the CCP. The community based organization representative seat is currently vacant and an appointment recommendation will be made by Public Protection Committee once public outreach and interviews are conducted.
Stakeholder representation on the CCP and CCP Executive Committee would be limited. The CCP would also have difficulty establishing a quorum without all seats being filled.