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AB 109/117. Public Safety Realignment. AB 109. January, 2011 -Proposed in Governor’s budget April -Passed by legislature, signed by Governor June -Funding and clarifying legislation in AB 117, AB 118 with passage of State Budget

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AB 109/117

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ab 109 117
AB 109/117

Public Safety Realignment

ab 109
AB 109

January, 2011 -Proposed in Governor’s budget

April -Passed by legislature, signed by Governor

June -Funding and clarifying legislation in AB 117, AB 118 with passage of State Budget

October 1 - -Public safety Realignment became operative

November 1 -Board approved Sonoma County Interim Realignment Plan

July, 2012 -Board approved Sonoma County Year 2 Realignment Plan

why realignment
Why Realignment

Coleman/Plata –prison overcrowding lawsuit

State budget

Recidivism rate from CDCR



Realignment does not result in early release of any currently sentenced felons.

Realignment does not transfer custody of any prisoner from State Prison directly to County Jail.

Rather, it changes jurisdiction of specified populations from state to local control, by changing sentencing and supervision requirements

ab 109 overview
AB 109 Overview

Shifted responsibility of specific felons to county control

Established Post Release Community Supervision (PRCS)

Established new sentencing scheme

Tasked Community Corrections Partnerships (CCPs) with planning for, and implementation of local plans

non non non offenders
Non-non-non Offenders

These offenders are serving their sentences locally, sentenced under PC 1170(h).

Typically, sentence structured as some combination of local jail time, with period under Mandatory Supervision by Probation.

Current or prior offense must be:




Unless excluded by one of 70+ specified crimes

post release community supervision prcs
Post Release Community Supervision (PRCS)

Probation supervises these offenders upon release from prison:

  • Current Non-violent offenders
  • Current Non-serious offenders
  • Some Sex offenders
  • Does include offenders with a serious/violent offense in criminal history (as long as it’s not current offense).
  • Does not include 3rd strikers
local impacts
Local Impacts

CDCR estimates of ADP for Sonoma County, at full implementation:

- PRCS - 164 supervised by Probation

- PRCS - 21 in County Jail on violation

- Non-non-non - 230 additional in the local system (some in County Jail; some on Mandatory Supervision, supervised by Probation)

local impacts unknowns
Local Impacts - Unknowns

-How many PRCS offenders will we receive?

-What will their needs and risk be?

-How will system charge, sentence non-non-nons?

-How many will be sentenced?

-How will they be sentenced?

Custody? Mandatory Supervision? Split?

-How will new laws impact Felony Probation?

-Impact of #s, credits, programming on County Jail ADP?

realignment challenge
Realignment Challenge

Realignment provides limited funding for each County.

How will local system react?

Can we impact this?

How must our criminal justice system function to handle many more offenders wisely, safely, and without losing money?

realignment funding
Realignment Funding

Total funding at state level

Calculated from state’s experience/model

Distribution among 58 counties

CSAC created formula for FY 2011/2012

Local Plan

Community Corrections Partnership recommends, BOS approves

sonoma county strengths
Sonoma County Strengths

Criminal Justice Master Plan

Belief in upstream initiatives

Culture of collaboration

criminal justice master plan
Criminal Justice Master Plan

Precipitant: Rising jail population, possible need for increased beds.

Projected cost: $300+ million

Quest for Plan B

Consultant spends year studying CJ system

Series of recommendations, fleshed out over a second year

Criminal Justice Master Plan approved by Board of Supervisors Jan, 2010

Key pieces:

-Use of EBP, assess level of risk, resources follow risk, etc.

-Early Case Resolution Court

-Pre-trial program

-Day Reporting Center

-Community Corrections Center

local planning process
Local Planning Process

Community Corrections Partnership (CCP)

14-member committee, created by SB 678 in 2009, predating Realignment

Realignment builds on SB 678, and defines CCP Executive committee (voting members)

community corrections partnership
Community Corrections Partnership

Exec Comm Steve Freitas, Sheriff

Jill Ravitch, District Attorney

Jose Guillen, Court Executive Officer, as designee of Presiding Judge

Kathleen Pozzi, Interim Public Defender

Michael Kennedy, Director of Mental Health/AODS

Tom Schwedhelm, Chief of Police, Santa Rosa

Robert Ochs, Chief Probation Officer (Chair)

Efren Carrillo, Board of Supervisors

Veronica Ferguson, CAO

Rene Chouteau, Superior Court Presiding Judge

Karen Fies, Director, Employment and Training, Human Services

Michael Gossman, CAO Analyst

Marlus Stewart , Director, DAAC

Gina Burk, Victim Witness Director, DA’s Office

Steven Herrington, Superintendent, Sonoma County Schools

Jerry Dunn, Interim Director of Human Services

organizing principles
Organizing Principles

Use of detention beds should be minimized, in a manner that is consistent with public safety, and the integrity of the criminal justice system;

The system, and decisions, should be risk-based;

Research tested methods should be used, as much as practicable.

early ccp decisions
Early CCP Decisions

County’s Criminal Justice Master Plan should be foundation

Programming should be provided for in-custody, as well as out-of-custody offenders

A Day Reporting Center should be a fundamental component of the Plan

Plan should be considered Interim

sub committees


Carla Maus, Chair


Judge Dana Simonds, Chair

Detention Alternatives/Programming/Reentry

Michael Kennedy, Sheralynn Freitas, Co-Chairs

Data Management and Evaluation

Kim Gilmore, Chair

plan development considerations
Plan Development Considerations
  • Realignment legislation itself
  • CCP’s adopted Organizing Principles
  • Sonoma County’s CJMP
  • Sub-Committee recommendations
  • Projections of local ADP numbers
  • Assumptions about offenders’ risk and needs
  • Anticipation of how criminal justice system will react
  • Recognition that needs exceed resources, requiring prioritization
realignment funding1
Realignment Funding

Realignment legislation assumes Counties will manage these populations differently than the State, through a combination of jail time, supervision, detention alternatives, and programming.

In fact, we must manage the new populations differently. Funding will not be sufficient if we follow the State, i.e.:

-lock up offenders for significant periods

-not address needs and risk

-simply release

interim realignment plan 11 12
Interim Realignment Plan, 11/12

Programming $1,109,000

In-custody 282,000

Out-of-custody 827,000

Supervision 1,106,000

Custody 570,000

Detention alternatives mgmt 160,000

Data management 117,000

Criminal Justice Consultant 50,000

Start-up/admin 250,000

Contingencies 257,000

Total: $3,619,000

non non non experience
Non-non-non Experience

As of 1/25/12:

  • Court sentenced 238 offenders under 1170(h)
  • 140, or 59% of these have been split, i.e., part custody, part Mandatory Supervision
  • Length of sentences have varied, with maximum 13.5 years.
  • 63 non-non-non offenders have been released and are currently being supervised on Mandatory Supervision. These numbers will continue to increase.
jail experience
Jail Experience

As of 1/25/2012:

  • Increased Population
    • 158 inmates currently serving sentence under 1170(h)
      • 52 % assessed as High Risk to re-offend
      • 63% with split sentences will be released to Mandatory Supervision
    • Parolee increase from Average Daily Population (ADP) of 7 inmates prior to AB109 to ADP of 32 inmates
    • PRCS ADP of 12 inmates
jail experience1
Jail Experience
  • Increased In – Custody Programming
    • Target High to Moderate Risk to reoffend based on STRONG assessment
    • Enhanced Starting Point program
      • High Risk Group started March 2012 with a total enrollment of 57 individuals
      • Moderate Risk Group started April 2012 with a total enrollment of 49 individuals
    • Introduced MRT (a cognitive based therapy) to curriculum in September 2012:
      • High Risk Group with a total enrollment of 24 individuals
      • Moderate Risk Group with a total enrollment of 28 individuals
  • Detention Alternatives – Electronic Monitoring Program
    • Implemented December 1, 2011
    • One Correctional Deputy assigned
    • 191 inmates enrolled since implementation with 30 participants active as of 12/31/12.
    • Approximately 90% enrolled are working, enrolled in school and/or participating in rehabilitative programs in the community (i.e., AA, NA, Anger Management, etc.)
prcs experience
PRCS Experience

As of 12/31/12:

  • Supervised by 10 Probation Officers, plus Sheriff’s Deputy, and CHP officer
  • 349 PRCS offenders released to Sonoma County
  • 267 active in the community
  • Of 349 released to Sonoma County, 24 failed to appear for initial report
  • 147 were on warrant status
  • 80 individuals have committed total of 114 new offenses
  • 57 have been revoked
  • 109 have been incarcerated with use of flash incarceration
  • Risk levels: 72% high-risk to reoffend
day reporting center experience
Day Reporting Center Experience

As of 1/25/12:

  • Began operations January 2012 with a target maximum ADP of 100 individuals
  • Capacity expanded in September 2012 to raise the maximum ADP to 150 individuals
  • Anticipated to take 9-12 months for individuals to complete all 3 phases of the DRC program
  • A total of 308 offenders have enrolled since inception:
    • 140 are currently active (approximately 60% are PRCS or 1170h)
    • 17 have successfully completed the program
realignment funding year 2
Realignment Funding - Year 2
  • Total state funding - $842 million (Year 1, approx $350 million)
  • CSAC again negotiated formula, expected to be used for years 2 and 3
  • Sonoma County projected to receive $9.027 million for FY 2012/2013, plus $150 k planning money.
development of year 2 plan budget
Development of Year 2 Plan/Budget
  • CCP recommends continue with Interim Plan and Programs
  • Interim plan directs study, and begin Pre-trial, if feasible
  • Recommendations for additional funding:
    • Data Management and Evaluation Sub-committee
    • Detention Alternatives/Programming Sub-committee
    • Other departments, via CCP meetings
  • Funding predominantly recommended for custody, supervision, detention alternatives, and programming.
  • Carry-over balance of $1,201,744 - recommend use for contingencies
  • CCP approved year 2 recommendations on 7-0 vote May 22
  • Continue AB 109 funding of 1 unit in NCDF
  • Continue AB 109 funding of Electronic Monitoring Program
  • Sheriff’s SERT (Specialized Emergency Response Team)
    • train 2 new members
  • Continue supervision with POs, assistance of Sheriff, CHP;

-add 50 k for local LE assistance

-add .5 DA Gang Task Force Investigator

  • Enhance PO ratio to 35:1 (currently 40:1).
  • Add POs incrementally as number of offenders grows
programming in custody
Programming - In-custody
  • Mental Health $234,632
  • “1370” restoration services 374,000
  • Starting point 150,000
  • Program manager 146,631
  • Jail programs 138,412

cognitive behavioral, anger mgmt, non-violent comm,

parenting, employment preparation, etc.

  • PO – 1170(h) offender assessment 127,596

Total: $1,171,271

programming out of custody
Programming - Out-of-custody
  • Day reporting center $1,535,000
  • Mental Health 214,475
  • Substance Abuse Treatment 452,500
  • DV programming 27,120
  • Housing 45,000
  • GED prep 43,000
  • Job training and job search assistance 165,489
  • Business rep 37,500
  • General Assistance 70,000

Total $2,590,084

additional recommendations
Additional Recommendations
  • Pre-Trial $1,012,410
  • Detention alternatives 717,407
  • Data management 135,000
  • Criminal justice consultant 80,000
  • County Counsel 15,000
  • Administration (department analyst) 137,789
  • Contingencies 1,286,941
pre trial

Criminal Justice Master Plan:

Pre-trial program necessary for County to fully realize benefit of Early Case Resolution Court

Early Case Resolution Court 2009 CGF

Day Reporting Center 2012 AB 109

Pre-trial program 2013 AB 109

Community Corrections Center ? SB 1022?

Interim Realignment Plan:

Directed Pre-trial study, with anticipated implementation in year 2.

pre trial1

Core system function providing universal front-end screening

Recommendations from Criminal Justice consultants:

-base on evidence-based “risk principle”

-develop locally derived pre-trial risk tool

-develop locally derived matrix - input from CJ stakeholders

-create hybrid program:

-Sheriff classification staff provide assessment

-Probation Officers provide supervision


-facilitates efficient case processing

-supports jail management

-risk-based decision making

-expedited access to available services

-increased effectiveness, by reducing pre-trial failure

contingency funds
Contingency Funds

CCP identified several areas that may deserve/need funding in year 2:

DUI Court

Sheriff LP

Additional unit in NCDF

Recommend use of carry-over funds ($1,201,744)

Recommend total contingency fund of $1,286,941, or 12.3% of total available funding for year 2.

realignment plan and cjmp
Realignment Plan and CJMP

-Day Reporting Center


-Use objective risk-assessment instrument

-Probation to use STRONG assessment in MADF

-Employment assistance

-Target higher-risk offender

-Mental health evaluation and services

-Substance abuse treatment

-Expedite entry into treatment

-Ensure treatment continuity

-Cognitive skills programs

-GED classes

-Build on data collection

proposed year 2 realignment budget
Proposed Year 2 Realignment Budget

Programming $3,761,355

In-custody 1,171,271

Out-of-custody 2,590,084

Detention alternatives 717,407

Supervision 1,988,052

Custody (including SERT) 1,104,970

Data management 135,200

Pre-trial 1,012,407

Local Law Enforcement support 50,000

DA Gang Task Force Investigator 90,000

Criminal Justice Consultant 80,000

Administration 137,789

County Counsel 15,000

Contingencies 1,286,941

Total: $10,379,121

data collection
Data Collection

Board of State and Community Corrections (BSCC) working with:

Administrative Office of Courts

California State Association of Counties

State Sheriff’s Association

Chief Probation Officers of California

Developing and implementing first phase baseline and ongoing data collection instruments

data collection1
Data Collection

State Sheriffs collecting for each county:


Total booked, booked on flash, booked on new charge

Serving jail time for revocation

1170h sentences:

Number sentenced to local custody

Offenders released to sheriff’s alternative custody program

Number from alt custody program returned to custody

State parolees:

Booked on parole violation, new charges, serving local sentence

data collection2
Data Collection

Chief Probation Officers collecting for each county:

PRCS:1170h sentences:

Released from CDCR jail only

On warrant split sentences

Closures active



New felony probation grants

data collection3
Data Collection

Sonoma County

  • Recommend hiring consultant to assist in establishing long-term evaluation for Sonoma County’s Realignment plan.
    • Based on best-practices
    • Determine data elements
    • Determine evaluation questions
  • Hire Business Intelligence Programmer – to build data gathering process and reports to implement the above plan.
  • Inter-department data sharing pilot between Probation, Health, and Human Services, to match individuals across disparate data sources.
This plan:

-Protects public safety

-Is balanced

-Is an upstream approach

-Is consistent with Criminal Justice Master Plan

-Is consistent with Sonoma County’s values

-Fits within anticipated resources