AB 109 Implementation Plan - 40 Pages
AB 109 Implementation Plan – 40 Pages

AB 109 – Realignment – Early Release Non Violent Offenders
Penal Code §3450 et Seq

Consumer Resources

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

FAQ’s

ccp ab 109 tool kit.com/faq

Resources & Links

LA County Probation – AB 109

Shouse Law.com on AB 109

Technical Resources

40 Page Implementation Manual L.A. County

public_safety_realignment_california_at_a_crossroads

courts.ca.gov

lawyer4u.org/  (Looks like the entire law)

Flash Incarceration – Stanford

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

Google – Post Release Community Supervison

Penal Code §3450 et seq.  Postrelease Community Supervision Act of 201

LA County Realignment Plan.pdf

public_safety_realignment_california_at_a_crossroads.pdf

Flash_Incarceration_Arroyo.pdf

CA Codes (pen_3450-3465).pdf

Related Pages in Criminal Law Section

 

8 comments on “AB 109 Early Release

  1. My boyfriend was just sentenced to a year and 4 months in state prison just for violating his probation. it was nothing serious at all. just driving without a D.L…

    i need him home… he was doing so good, he had a job had a car and i was helping him a lot in staying out of trouble..

    i feel like they are charging him for every single crime hes made in the past all over again, when he already did his time for his previous crimes…

    why is this happening?

    do you this he qualify for the AB109

  2. I was released 10/23/16, “ab109”, attending college, working, same resident, no contact with law, no violations, restitution paid in full, DUI classes completed,

    California Prisoners Handbook states , ” after 6 months without any violations” were eligible for discharge????

    1. I’m in Ventura CA and am curious as to whom makes this decision???

    2. BPH,- Board of Parole Hearings, courts?????

    3. I’d like to submit my own paperwork etc????

    4. Who’s in charge of determination?

    5. How do I request eligiblity?

    6. Put myself on calendar or BPH??

    • I’m not an attorney and can’t give you advise. Here’s the research I did, so that when you talk to your attorney, you’ll have some background information:

      TITLE 2.05. Postrelease Community Supervision Act of 2011
      3456. (a) The county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall maintain postrelease supervision over a person under postrelease supervision pursuant to this title until one of the following events occurs:

      (1) The person has been subject to postrelease supervision pursuant to this title for three years at which time the offender shall be immediately discharged from postrelease supervision.
      (2) Any person on postrelease supervision for six consecutive months with no violations of his or her conditions of postrelease supervision that result in a custodial sanction may be considered for immediate discharge by the supervising county.
      (3) The person who has been on postrelease supervision continuously for one year with no violations of his or her conditions of postrelease supervision that result in a custodial sanction shall be discharged from supervision within 30 days.
      (4) Jurisdiction over the person has been terminated by operation of law.
      (5) Jurisdiction is transferred to another supervising county agency.
      (6) Jurisdiction is terminated by the revocation hearing officer upon a petition to revoke and terminate supervision by the supervising county agency.
      (b) Time during which a person on postrelease supervision is suspended because the person has absconded shall not be credited toward any period of postrelease supervision.

      The county supervising agency can consider releasing a person from PRCS early if he or
      she serves six months with no violations; however, whether to grant such a release is up to the
      discretion of the supervising agency. The agency must release a person from PRCS early if he or she serves one year on PRCS with no violations; the discharge should be completed within 30
      days. Page 48 Parolee Handbook

      Discharges by operation of law at the end of 3 years

      Supervising agency (probation department) may discharge after 6 consecutive months of no violations Violations = custodial sanctions

      Must discharge after a continuous year served with no violations within 30 days Violations = custodial sanctions

      Courts WILL NOT be involved in the discharge process for either PRCS (Post Release County Supervision) or parolees Counties.org

      offenders now sent to county PRCS supervision terms are eligible for PRCS discharge at 6 months Page 271 Probation.smcgov.org

      Parolee Rights Handbook

  3. I went into prison in 09. Got out in 11 on ab109. I was suppost to be sent to Kern region. I’ve been on ab109 ever since. i need a transfer to Kern from LA but LA don’t let go.

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