Two Years into Criminal Justice Realignment: The Role of the Court - - PowerPoint PPT Presentation

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Two Years into Criminal Justice Realignment: The Role of the Court - - PowerPoint PPT Presentation

Sep 08, 2022 466 likes •625 views

Two Years into Criminal Justice Realignment: The Role of the Court Realignment: A Primmer Traditional Felony Sentence Conviction Probation State Prison Jail Prison Parole Prison Felony Sentence After Realignment Conviction Probation

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SLIDE 1

Two Years into Criminal Justice Realignment: The Role of the Court

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SLIDE 2

Realignment: A Primmer

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SLIDE 3

Traditional Felony Sentence

Probation State Prison Conviction Parole

Jail Prison Prison

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SLIDE 4

Felony Sentence After Realignment

Conviction Probation State Prison 1170(h) Straight Split Jail Jail Jail No Parole Parole PRCS Jail/Prison Jail Conviction Probation Jail

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SLIDE 5

Three Groups

1. PC § 1170(h) crimes [hundreds of crimes]

  • Most “wobblers”
  • Designated crimes
  • 2. State prison crimes [+/- 80 crimes]
  • 3. Exclusions
  • Current or prior strikes
  • PC § 290 offenses
  • Aggravated theft
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SLIDE 6

Policy Decisions

  • No change to procedure prior to denial of

probation –Eligibility –Alternative sentencing

  • No change in length of custody terms

–Maximum 10 – 20 – 30

  • No supervision after sentence served
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SLIDE 7

Sentencing Choices

  • Straight term

–Computed in traditional manner –Served in county jail

  • Subject to early release by sheriff
  • ½ time credits

–No supervision when released

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SLIDE 8
  • Split sentence

– Computed in traditional manner – Custody term – ½ time credit – Concluding term on supervision by probation

  • Discretion of court
  • Mandatory
  • Actual time credits only
  • If violation, remand up to remaining term

– No supervision when completed

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SLIDE 9

Persons Released From Prison

  • Postrelease Community Supervision (PRCS)

– Supervised by probation – If violation

  • By probation

–Intermediate sanctions –Up to 10 days jail - “flash incarceration”

  • By court

–Up to 6 mos jail (1/2 time) –Modify conditions

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SLIDE 10
  • Parole

– Only most serious offenders – Parole supervises/ Ct adjudicates violations – If violation

  • By parole

–Intermediate sanctions –Up to 10 days jail - “flash incarceration”

  • By Court

–Up to 6 mos jail (1/2 time) –Modify conditions –Can’t return to prison (limited exceptions)

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SLIDE 11

The Presentation

  • What’s Happening Locally

– Perspectives of State and Local Government

  • Judicial Council Advisory Committees

– What is being reviewed and discussed

  • Innovative Programs and Practices

– How courts have adapted to meet local needs

  • Final Comments/ Next Steps
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SLIDE 12

What’s Happening Locally

  • Linda Penner – Chair, Board of State and

Community Corrections

  • Elizabeth Howard-Espinoza – Legislative

Advocate, California State Association of Counties (CSAC)

  • Nick Warner – Policy Director, California State

Sheriffs Association

  • Karen Pank – Executive Director, Chief

Probation Officers of California

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SLIDE 13

Judicial Council Advisory Committees

  • Hon. Tricia Bigelow – Chair, Criminal Law

Advisory Committee

  • Hon. Morris Jacobson – Liaison, Criminal

Justice Court Services Office

  • Hon. Richard Vlavianos – Chair, Collaborative

Justice Advisory Committee

  • Hon. Brian Walsh – Chair, Trial Court

Presiding Judges Advisory Committee

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SLIDE 14

Innovative Programs and Practices

  • Hon. Brian Back – Ventura Superior Court
  • Hon. John Kennedy – Contra Costa Superior

Court

  • Hon. Desirèe Bruce-Lyle – San Diego Superior

Court