Calderon Legislation Aimed at Strengthening Law Enforcement Supervision of Convicted Criminals Passes Assembly Public Safety Committee
SACRAMENTO, CA – Today, AB 1408, a measure authored by Assembly Majority Leader Ian Calderon which would assist law enforcement in the supervision of convicted criminals, was approved by the Assembly Public Safety Committee with bipartisan support.
“AB 1408 is a necessary modification to current law as we balance the rights and rehabilitation of the formerly incarcerated population, with the need to ensure that our communities are safe from dangerous criminals,” stated Majority Leader Calderon. “The Legislature must be able to react as current events demonstrate the need for adjustments in the law.”
Since a federal court order to reduce California’s prison population came down in 2010, there have been several criminal justice reforms undertaken with that goal in mind. These measures have fundamentally changed the way we prosecute nonviolent, nonserious crimes in this state, where those convicted of these crimes serve their time, and who supervises these felons when they are released from prison.
AB 1408 has three main provisions. First, it will require the Board of Parole Hearings to consider the entire criminal history of an inmate, not just the most recent offense, when considering them for release from prison. Under current law, the Board of Parole Hearings may consider the entire criminal history of an inmate prior to granting parole, but they are not required to.
Second, it will improve information sharing between the Division of Adult Parole Operations and the county probation departments. This will close those information gaps, which will provide greater context for the current supervising agency and the individualized supervision strategy they decide to pursue. AB 1408 will ensure that both the state parole and local county probation departments have the information necessary to do the difficult job of monitoring the formerly incarcerated among us.
Third, it will require that upon a third Post Release Community Supervision (PRCS) violation, there be a mandatory PRCS revocation hearing. When officers have determined that intermediate sanctions – such flash incarceration – are not enough, the local supervising county agencies can request a revocation hearing. At a revocation hearing, the terms of the PRCS can be modified or revoked entirely, resulting in the supervised person being sent to County Jail for up to 180 days. AB 1408 will establish firm requirements for the use of these revocation hearings.
“AB 1408 does not undo the steps the state has taken to address its prison overcrowding problem, but it will set some practical ground rules and enhance the tools available to law enforcement operating under these reforms,” stated Majority Leader Calderon. “We owe it to our law enforcement community to seriously consider the release and supervision of the criminals they’ve helped to lock up, especially because they are likely to be the ones encountering them in our neighborhoods.”
AB 1408 is supported by Association for Los Angeles Deputy Sheriffs, Los Angeles Police Protective League, Riverside Sheriffs Association, Association of Deputy District Attorneys, California Narcotic Officers Association, California Association of Code Enforcement Officers, California College and University Police Chiefs Association, Los Angeles Professional Peace Officers Association, State Coalition of Probation Organizations, and Crime Victims United.
Contact: Lerna Shirinian (562) 692-5858
Majority Leader Ian C. Calderon was elected in November 2012 to represent California's 57th Assembly District, which includes the cities of Industry, La Habra Heights, La Mirada, La Puente, Norwalk, Santa Fe Springs, South El Monte, Whittier and the unincorporated communities of Avocado Heights, Bassett, East La Mirada, East Whittier, Los Nietos-West Whittier, South San Jose Hills, South Whittier, and Hacienda Heights.