CACC – California Association of Collaborative Courts

AB 109 Criminal Justice on Realignment

Bill Text: CA Assembly Bill 109 – 2011-2012 Regular Session

BILL NUMBER: AB 109    INTRODUCED

BILL TEXT

INTRODUCED BY   Committee on Budget (Blumenfield (Chair), Alejo,

Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,

Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)

JANUARY 10, 2011

An act relating to the Budget Act of 2011.

LEGISLATIVE COUNSEL’S DIGEST

AB 109, as introduced, Committee on Budget. Budget Act of 2011.

This bill would express the intent of the Legislature to enact

statutory changes relating to the Budget Act of 2011.

Vote: majority. Appropriation: no. Fiscal committee: no.

State-mandated local program: no.

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AB 109 (Committee on Budget) Criminal Justice on Realignment

1)Existing law defines a felony as a crime which is punishable with death or by imprisonment in the state prison. Existing law also provides that except in cases where a different punishment is prescribed by law, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or 2 or 3 years. Every offense which is prescribed to be a felony punishable by imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.

This bill would instead provide that a felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail for more than one year. The bill would generally provide that felonies are punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. The bill provides exceptions to imprisonment in a county jail for a variety of felonies, including serious felonies and violent felonies, as defined, felonies requiring registration as a sex offender, and when the defendant has a prior conviction for a serious or violent felony, or a felony subjecting the defendant to registration as a sex offender, among other exceptions.

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