Calderon Legislation Aimed at Strengthening Law Enforcement Supervision of Convicted Criminals Headed to Governor’s Desk

Wednesday, September 13, 2017

SACRAMENTO, CA – Today AB 1408, a measure authored by Assembly Majority Leader Ian Calderon that would assist law enforcement in the supervision of convicted criminals, is headed to the Governor’s desk.

“AB 1408 is a necessary modification 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 measure does not undo the steps the state has taken to address its prison overcrowding problem, but it is a necessary modification and will set best practices for our criminal justice system in the wake of these reforms.”

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 four 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.

Third, it will require the probation department to provide notice to the court, sheriff, district attorney, and public defender upon a decision to impose a period of flash incarceration.

Fourth, 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.

“The Legislature must be able to react as current events demonstrate the need for adjustments in the law,” stated Majority Leader Calderon. “We owe it to our law enforcement community to provide the necessary tools to do the difficult job of monitoring the formerly incarcerated among us.”

AB 1408 received bipartisan support in both the Assembly and Senate.

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, California Police Chiefs Association, Los Angeles Professional Peace Officers Association, Los Angeles County Sheriff’s Department, State Coalition of Probation Organizations, Peace Officers Research Association of California, League of California Cities, Crime Victims United, Los Angeles County Supervisor Janice Hahn, San Gabriel Valley Council of Governments, and the cities of  Whittier, Los Angeles, Torrance, West Covina, La Mirada, La Quinta, Downey, Signal Hill, Riverbank, Thousand Oaks, Modesto, Lodi, Fremont, Buena Park, Hesperia, Glendora, South Pasadena, Montebello, San Gabriel, Glendale, La Puente, Alhambra, Norwalk, Rancho Palos Verdes, Montclair, Pinole, Industry, Oceanside, Azusa, Martinez, Nevada City, Duarte, Colma, Aliso Viejo, Sunnyvale, Manteca, Covina, and Santa Clarita.

Contact: Lerna Shirinian (562) 692-5858