AB 109 – Realignment – Early Release Non Violent Offenders
Penal Code §3450 et Seq
Crimes that now carry potential jail, not prison sentences, are typically those considered “triple nons” — nonviolent, nonserious and nonregisterable sex offenses. These include many drug offenses and property crimes. Before AB 109, these offenders would have been sent to prison.
How the actual jail portion of a sentence is served is left up to the jail staff to decide. Although judges can recommend or authorize certain types of alternative incarceration programs, Salazar said. Once a person is handed a jail sentence, it is the jail staff that determines if and whether that individual can serve it in a way other than being locked up in jail 24 hours a day.
Alternatives to traditional jail sentences can include various levels of electronic monitoring via ankle bracelet, certain types of drug and alcohol treatment programs and what is called work release, in which offenders “serve” their sentence by performing work at one of 52 job sites throughout the county. Each day of work counts as serving a day of the sentence.
“We need more mental health services — there are too many people with serious mental health issues who are incarcerated at huge taxpayer expense Santa Cruz Sentinel 10.27.2012
Resources & Links
Shouse Law.com on AB 109
lawyer4u.org/ (Looks like the entire law)
Violation of condition of postrelease community supervision. County supervising agencies will have authority to dispose of violations of conditions of postrelease supervision using specified intermediate sanctions up to and including a period of “flash incarceration” in county jail for up to 10 days. There is no court involvement in cases disposed of in this way. (Pen. Code, § 3454.) courts.ca.gov
Penal Code §3450 et seq. Postrelease Community Supervision Act of 201
Related Pages in Criminal Law Section