Vote Smart's Synopsis:

Vote to pass a bill that amends various statutes related to corrections and sentencing law for the purpose of implementing the 2009-2010 budget, including, but not limited to, the following highlights.

Highlights:

-Establishes the California Public Safety Commission, composed of the following 13 voting members (Sec. 321):

-Chief Justice of the California Supreme Court, or his or her designee, serving as the chairman; -Secretary of the Department of Corrections and Rehabilitation, or his or her designee; -Sitting or retired appellate court justice appointed by the Chief Justice of the California Supreme Court; -Sitting or retired trial court judge appointed by the Chief Justice of the California Supreme Court; -State Public Defender; -California district attorney recommended by the California District Attorney Association, appointed by the Governor, and confirmed by the Senate; -County Sheriff recommended by the California State Sheriffs Association, appointed by the Governor, and confirmed by the Senate; -Chief of Police recommended by the California Police Chiefs Association, appointed by the Governor, and confirmed by the Senate; -Chief probation officer recommended by the Chief Probation Officers of California, appointed by the Governor, and confirmed by the Senate; -Public defender with expertise in inmate or inmate family rights recommended by the California Public Defenders Association, appointed by the Governor, and confirmed by the Senate; -Legal scholar with expertise in sentencing law appointed by the Governor and confirmed by the Senate; and -Two academic experts in criminal justice policy appointed by the Governor and confirmed by the Senate.

-Establishes the powers and duties of the California Public Safety Commission, including, but not limited to, the following (Sec. 321):

-Establishing and periodically revising sentencing guidelines for crimes and penalties in which the Legislature has delegated authority to the Commission; -Establishing and periodically revising parole guidelines in areas where the Legislature has delegated authority to the Commission; -Making recommendations to the Legislature for additional statutory amendments to criminal law; -Collaborating with trial and appellate courts in developing a common law of sentencing; -Ensuring that the sentencing structure established by the Commission is readily understood by the courts, the parties, and the public; -Preparing population projections for the correctional system whenever new sentencing or parole rules, laws, or initiatives are proposed; -Serving as a resource and information center for state and local sentencing policy; -Developing information systems to track the following:
-Criminal cases entering the court system; -Effects of offense, offender, victim, and case-processing characteristics upon sentences imposed and served; -Sentencing patterns for the state as a whole and for geographic regions within the state; -Data on the incidence of and reasons for sentence revocations; and -Other matters found by the commission to have important bearing on the operation of the sentencing and corrections system;
-Collecting information on the correctional populations and resources of the state, including through the use of periodic surveys; and -Assembling information on the effectiveness of sentences imposed and served in terms of meeting the legislative intent of this Act.

-Specifies that any sentencing or parole rule established by the Commission shall take effect on January 1 of the following year, provided that the rule was presented to the Legislature on or before June 1 and the Legislature does vote to reject the rule. If the the rule was presented after June 1, the rule shall take effect on January 1 of the subsequent year (Sec. 321). -Authorizes the Secretary of the Department of Corrections and Rehabilitation to establish a program in which inmates may elect to serve the remainder of their sentence in a voluntary alternative custody program in which the inmate shall be confined to one of the following during the hours designated by the Department (Sec. 303):

-Residential home; -Residential drug or treatment program; or -Transitional care facility.

-Limits eligibility for the voluntary alternative custody program to inmates in which one of the following applies (Sec. 303):

-The inmate has 12 months or less of his or her sentence left to serve; -The inmate is 60 years of age or older; or -The inmate is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living.

-Prohibits inmates from entering the voluntary alternative custody program if one of the following applies (Sec. 303):

-The inmate was convicted of any crime classified as a violent offense (§ 667.5, Penal Code); -The inmate was convicted of any crime that requires sex offender registration; -The inmate was screened by the Department of Corrections and Rehabilitation using a validated risk assessment tool and deemed to pose a high risk to reoffend; or -The inmate has a history of escape while in custody in the last 10 years.

-Requires voluntarily alternative custody programs to utilize electronic monitoring, global positioning system devices, or other supervising devices for the purpose of verifying a participant's compliance with the rules and regulations of the program (Sec. 303). -Increases the value threshold for various property crimes to be prosecuted as a felony as follows (Secs. 2, 3, 4, 6, 75, 83, 84, 191, 193, 198, 223, 224, 225, 227, 228, 229, 231, 232, 234, 241, 244, 249, 250, 260, 261, 264, 265, 268, 269, 277, 280, 281, 320, 337, 338, 345, 346, 347 & 348):

-For various property crimes with a value threshold of $100, the threshold is increased to $250; -For various property crimes with a value threshold of $400, the threshold is increased to $950; and -For various property crimes with a value threshold of $1,000, the threshold is increased to $2,350.

-Reduces the classification of crime for the following offenses from a felony to a misdemeanor, thereby removing the possible sentence of up to one year imprisonment in a state prison but leaving the possibility of up to one year imprisonment in a county jail (Secs. 217, 241 & 284):

-Petty theft with prior convictions; -Buying or receiving property that has been stolen or been obtained through extortion, or concealing, selling, withholding, or aiding in concealing, selling, or withholding any property from the owner, knowing the property to be stolen or obtained through extortion; and -Making, drawing, uttering, or delivering a check or draft or order upon any bank, depositary, person, firm, or corporation, for the payment of money equal to $200 or more, knowing at the time that the maker, drawer, or corporation does not have sufficient funds in, or credit with the bank, depositary, person, firm, or corporation.

-Prohibits the Department of Corrections and Rehabilitation from returning an individual back to prison for any parole violation if the individual was evaluated by the Department using a validated risk assessment tool and was determined not to pose a high risk to reoffend, unless one of the following applies (Sec. 316):

-The individual is required to register as a sex offender; -The individual was imprisoned for or has a prior conviction for a serious violent felony (§ 1192.7 & § 1192.8, Penal Code); -The individual was imprisoned for or has a prior conviction for a violent felony (§ 667.5, Penal Code); -The individual was imprisoned for or has a prior conviction for a sexually violent offense (§ 6600, Welfare and Institutions Code); -The individual was found guilty of a serious disciplinary offense during his or her time of imprisonment; -The individual is a validated prison gang member or associate; or -The individual refused to sign any written notification of parole requirements or conditions.

-Requires the Secretary of the Department of Corrections and Rehabilitation to establish a parole reentry accountability program to employ a decision making instrument to determine the most appropriate sanctions for a parole violation, including, but not limited to, a reentry court program for individuals with a history of substance abuse or mental illness (Sec. 317).

Full Bill Text