The Public Safety Realignment Act of 2011 (AB 109) was signed into law on April 4, 2011. AB 109 transfers responsibility for the incarceration, treatment and supervision of specified adult felony offenders from the California Department of Corrections and Rehabilitation to counties. Implementation of the Public Safety Realignment Act began on October 1, 2011.
The act also provides that each county's local Community Corrections Partnership executive committee is responsible for creating and recommending a plan for the implementation of the 2011 Public Safety Realignment Act to its Board of Supervisors. View Orange County's 2011 Realignment Plan, 2012 Update and 2013 Update.
Consistent with local needs and resources, the plan includes recommendations to maximize the effective investment of criminal justice resources in evidence-based correctional sanctions and programs, including, but not limited to, day reporting centers, drug courts, residential multi-service centers, mental health treatment programs, electronic and GPS monitoring programs, victim restitution programs, counseling programs, community service programs, education programs, and work training programs. Visit the Criminal Justice Realignment Resource Center website.
AB 109 revises the definition of a felony to include certain crimes that are punishable in the county jail for 16 months, 2 years, or 3 years (commonly known as the Non-Non-Non's population). Serious, violent and most sex-offenses, are excluded from local commitments and will continue to be sentenced to state prison.
Most Offenders released from state prison on or after October 1, 2011 shall be subject to, for a period not to exceed 3 years, Postrelease Community Supervision provided by the Orange County Probation Department.
Postrelease Community Supervision and parole revocations of up to 180 days will be served in local jails, with the exception of paroled ‘lifers’ who have a revocation term of greater than 30 days. The Courts will hear revocations of Postrelease Community Supervision while the Board of Parole Hearings will conduct parole violation hearings in jail until July 1, 2013 when that responsibility will be moved to the local courts.
Estimates for the first year's realignment population are:
- 1,750 Postrelease Community Supervision (former parolees)
- 220 Postrelease Community Supervision violators in jail on revocations
- 1,464 Sentenced to local incarceration with possible supervised release (Non-Non-Non's)
View statistics for March 2014 and since inception in October 2011.
The newly enacted California Public Safety Act of 2011 (AB 109) is explained as it relates to supervision of specified adult offenders by the Orange County Probation Department.