AMENDED IN ASSEMBLY MARCH 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

96

CHAPTER 96

Statutes of 2023

[ Approved by Governor July 21, 2023. Filed with Secretary of State July 21, 2023. ]

Introduced by Assembly Member Ta

(Coauthor: Assembly Member Lackey)

February 15, 2023

An act to add and repeal Chapter 2.5 (commencing with Section 13400) of Title 3 of Part 4 of the Penal Code, relating to public safety.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined.

This bill would require the Legislative Analyst’s Office to prepare a report, to be submitted to the Legislature on June 30, 2026, evaluating the results of Assembly Bill 109 of the 2011–12 Regular Session over the previous 10 years. This bill would require the report to contain specified data, including the amount of funding received per county and how that funding was allocated, information on sentencing practices, the impact on the county jail population, information on postrelease community supervision practices, and recidivism outcomes.

The people of the State of California do enact as follows:

SECTION 1.

Chapter 2.5 (commencing with Section 13400) is added to Title 3 of Part 4 of the Penal Code, to read:

Chapter 2.5. Criminal Justice Realignment Evaluation

13400.

(a) The Legislative Analyst’s Office shall prepare a report, to be submitted to the Legislature on June 30, 2026, evaluating the results of Assembly Bill 109 of the 2011–12 Regular Session over the previous 10 years, including, but not limited to, the following:

(1) The amount of funding received per county and how that funding was allocated, including, but not limited to, the following categories:

(A) Funding received by department or agency.

(B) All types of facilities construction.

(C) The number and type of additional personnel.

(D) Rehabilitative programming.

(E) Any other services.

(2) Information on sentencing practices, including the use of straight sentencing, split sentencing, probation, diversion, and any other alternatives to custody.

(3) The impact on the county jail population as based on changes to the average monthly jail population, whether there were changes in jail release policies, and whether the county jail was under any court-ordered population cap.

(4) Information on postrelease community supervision practices, including caseload of probation officers, responses to supervision violations, including describing the sanctions used and particularly the use of flash incarceration, and programming and services offered.

(5) Recidivism outcomes, as defined by rearrest and reconviction rates after release from custody for offenders sentenced under subdivision (h) of Section 1170, and those released on postrelease community supervision.

(b) The report may be based on data from every county, or alternatively, a multicounty study using data from at least 15 counties representative of the state.

(c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this chapter is repealed on June 30, 2030.