AB 109- What does Realignment
Look Like for Child Support?
Zahira Jiminez
CSO II
Yolo County LCSA
Rebecca M. Durney
Assistant Director/Chief Attorney
Siskiyou-Modoc Regional LCSA
History of AB 109
 In the case of Brown v. Plata (2010) 131 S.Ct.
1910, 1928, 1947, the United States Supreme
Court held that California must reduce its prison
population to 137.5 percent of design capacity
within two years.
 That ruling mandated drastic changes to the
overcrowded California prison system.
 California responded by passing Assembly Bill
109 and AB 117, a sweeping overhaul of the
state’s correctional system.
History of AB 109
 AB 109 was approved by Governor Jerry Brown
on April 4, 2011 and effective October 1, 2011.
 Since then, trailer legislation has guaranteed
sufficient funding streams for counties to
implement realignment.
 $400 million was allocated to counties in the
first partial fiscal year. More than $1 billion was
allocated in the 13-14 fiscal year.
AB 109 Changes
 AB 109’s major changes include:

keeps non-violent, non-serious, nonsex offenders (“non-non-nons” or “3
nons”) in county jail rather than state
prison;

places non-violent, non-serious
offenders under county-level
supervision after release;
AB 109 Changes

limits parole revocation time for these
offenders to a maximum of 180 days
and houses parole violators in county
jail; and

provides counties with secure funding
to implement these changes based on
the rates they previously sent inmates
to be incarcerated in state prison.
Penal Code § 3451
Section 3451 of the Penal Code as amended by
A.B. 109, now directs that non-serious, nonviolent, nonsex offenders (“3-nons”):
✷
“shall, upon release from prison and for a
period not exceeding three years immediately
following release, be subject to community
supervision provided by a county agency . . .
which is consistent with evidence-based
practices.”
Community Corrections Partnership
 Under California Penal Code § 1230(b)(2),
every county is mandated to have a high level
Community Corrections Partnership (“CCP”) to
oversee implementation of it’s realignment plan.
 The CCP in turn relies on the county’s Post
Release Community Supervision (PRCS)
program, which is the day-to-day, hands-on
group that really works with this population and
provides the required supervision.
CCP Statutory Members
 The Executive Committee for every county CCP
must include as members:







Chief Probation Officer
Chief of Police
Sheriff
DA
PD
Presiding Judge or designee
Representatives from Social Services, Mental
Health, Alcohol and Drug Services as
appointed by the County Board of Supervisors
 More of a “Steering Committee.”
Post Release Community Service Members
 The PRCS program brings to the table anyone
who might provide mutual beneficial assistance
to the successful supervision of local offenders:










Probation officers
Local police & Sheriff
Mental & Behavioral Health reps
Alcohol, drug and substance abuse reps
DCSS, Human Services, Health Dept.
EDD and job placement reps
Faith based organization reps
Jail personnel
Local Community Center reps
Other Community Based Organization reps
How important is Realignment?
Prior to Realignment:

Over 60,000 felony parole violators returned to
state prison annually

Their average stay was 90 days

As of 09/30/2011, the felony parole violator
population was 13,285 inmates

All parole revocations were heard by the
Parole Board and violators were housed in
state prison
Impacts of Realignment
Since Realignment:

As of November 30, 2013, the felony parole
violator state prison population was 25, down from
13,285

Annual admissions of newly convicted offenders
from county courts to state prison have gone from
55,000-65,000 down to less than 36,000 a year

Overall, the diversion of both offenders and parole
violators to county jail instead of state prison
resulted in a population decrease of about 25,000

All parole revocations are now served in county jail
and cannot exceed 180 days.
Impact of Realignment on LCSA
 Changes internally: Did 109 alternate sentencing
change how you calculate guideline child support?







“Low level” offenders no longer incarcerated but put
on work crews, wear monitoring gear, ordered to
mandatory counseling and classes
Do you impute lower income?
Do you use zero income?
Do you coordinate with the DA, Public Defender or
Probation?
Is this a significant change of circumstance to
warrant modification?
Did you adjust or stay your arrears liquidation?
Do you share your local information with any other
counties who have obligor’s in your county?
Impacts of Realignment on LCSA
 “There’s no room at the Inn”
Impact on Special Enforcement- Resources

Contempt- No jail cells nor work crew space

Criminal Referrals- Lowest rung of criminal
justice system priorities and jail space

Alternate Sentencing- county by county
availability of where/ what to sentence
The PRCS Program Table
 Is DCSS at the PRCS Table?






Probation is the designated responsible
agency for PRCS in all 58 counties
PRCS coordinates a collaborative group to
provide one stop services for program
participants
DCSS should reach out and be at the table
LCSAs should facilitate communication with
other county LCSAs and be the liaison for
child support issues
The relationships may be informal or formal,
thru an MOU between agencies
Break down those Silos!!!
PRCS Realignment Plans
 PRCS Objective is to Reduce:
 Overcrowding
 Costs
 Recidivism
 PRCS Plans may include:
 day reporting centers
 drug court
 residential multiservice
centers
 mental health treatment
programs
 electronic and GPS
monitoring programs
 victim restitution
programs
 counseling programs
 Community service
programs
 educational programs and
 work training programs
At the PRCS Table
Siskiyou LCSA is part of their county PRCS
collaborative agencies.






Regular meetings set by Probation
Provided list of offenders currently under
supervision and their status (warrant, awol, new
offense, participating as ordered, inside view)
Probation invites relevant guest speakers and
services that may benefit other agencies
General review of facts and situations to better
coordinate services, assign contacts, liaisons
Allows LCSA to process cases with better
understanding of case situations.
Establishes points of contact to provide services.
2014: Prop 47
 On November 4, 2014, the California voter voted
in a controversial “Safe Neighborhoods and
Schools Act” that became effective November 5,
2014.
 A number of former felonies are now reduced to
misdemeanors.
 A number of “former” felons had their crimes
reclassified and were released en masse from
prisons and jails statewide.
 Some convicted felons can now petition to have
their cases reduced to misdemeanors and
corresponding earlier release dates.
Prop 47 Specifics
 Many crimes that were previously “arrestable” as a
felony are now only “citable” as a misdemeanor. That
means they are not booked into jail but rather given a
citation (similar to a traffic ticket) with a court date to
appear, and released in the field. They are NOT held
pending trial.
 Felony crimes that are now misdemeanors include:






Commercial burglary (theft under $950)
Forgery and bad checks (under $950 value)
Theft of most firearms
Theft of a vehicle (under $950 value)
Possession of stolen property (under $950 value)
Possession of heroin, cocaine, illegal prescriptions,
concentrated cannabis, and methamphetamine
Prop 47 and Child Support
• Similar to the impacts of AB 109 and the
immediate or early release of offenders, it may
direct some action by your LCSA.
•
•
Review for modification?
Adjust case closures considerations?
• As a misdo, will they serve any time or fall to the
bottom of sentencing heap because local beds
are filled with AB 109 felon offenders?
• Do they have alternate sentencing that prevents
them from seeking work or working, or that
includes seek work provisions?
• Further impact on Special EnforcementContempt and Criminal even available?
Yolo LCSA and PRCS
Purpose:
To provide efficient child support and
probation services to shared
participants, engaging the parent in the
need to financially support their
children and assisting the offender with
successful reentry into the community
Yolo LCSA and PRCS
Data Research
• $4.3 million in past due child support
• $16,865 owed collectively in monthly current
child support
• 68% had not made a payment on their child
support arrears in the 2014 Federal Fiscal Year
•
•
•
154 child support cases with high risk
offenders
52 child support cases with moderate risk
offenders
37 child support cases with low risk offenders
Yolo LCSA and PRCS
Program Collaborative Goals
• Collect $75,000 in current and past due
child support(August 2014-June 2015)
• 66% of the program participants make at
least one payment within the year on their
child support arrears
• 40% of participants with current support
owing start making payments on their
support obligation within the project period
Yolo LCSA and PRCS
Statistical Outcome To Date
• Number of participants on the list: 136
participants/192 cases
• Number of participants contacted by
DCSS/Probation 88(Approx 62% contact rate)
• Number of participants who made a payment on
a current support: 42 owe current support/18 or
43% have made a payment
• Number of participants who made at least one
payment 82 participants/226 payments(93%
payment rate of those contacted)
Yolo LCSA and PRCS
Monthly Collections
•
•
•
•
•
•
•
August 2014
September 2014
October 2014
November 2014
December 2014
January 2015
February 2015
•
Total
$9,173.20
$7,393.90
$6,245.80
$8,620.25
$7,423.05
$6,969.27
$16,049.13
_____________
$61,874.60
Yolo LCSA and PRCS
•
•
•
•
The Yolo Day Reporting Center
Treatment
Education
Job Readiness
Life Skills
• Funded by AB109 and Department of
Corrections
• Served over 700 clients(in custody/ out of
custody) since they opened in 03/2013
Best Practices
 Tear down your LCSA “Cone of Silence” and
collaborate with your other county agencies and
CBO’s to provide better customer service
 Negotiate an MOU with your Probation department
to share information and help with the child support
program processes statewide
 Bring this up with your local court at your 1058
meetings to coordinate understanding
 Examine your local practices regarding guideline
child support, special enforcement, closure
Zahira Jimenez
Email: Zahira.Jimenez@yolocounty.org
Phone: 530-661-2862
Rebecca M Durney
Email: rdurney@co.siskiyou.ca.us
Phone: 530-841-2991