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Bills

AB 2168: Prisons: prosecution of nonfelony offenses.

  • Session Year: 2023-2024
  • House: Assembly

Current Status:

Failed

(2024-05-30: Ordered to inactive file at the request of Assembly Member Kalra.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:
Under existing law, a felony is a crime that is punishable by imprisonment in the state prison, or by imprisonment in a county jail for more than one year. Under existing law, a misdemeanor is a crime punishable by less than one year in the county jail.This bill would require a court, at the time of sentencing and if a court is imposing a prison sentence, to determine the defendants anticipated prison stay, as defined, and, if that anticipated stay is for 365 days or fewer, to order that the defendant serve the sentence in the custody of the sheriff or county jail administrator, unless that order is prohibited by an initiative statute. The bill would require specified reports by probation departments to include an estimate of the defendants anticipated prison stay. By imposing additional duties on county jails and probation departments, this bill would impose a state-mandated local program.

Existing law prevents a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation Rehabilitation, a juvenile facility, or a county jail for a felony conviction from being subject to prosecution for a nonfelony offense arising out of, among other things, the operation of a motor vehicle, that is pending against them at the time of commitment.

This bill would prohibit a person committed to the department, to a county facility as a ward of the juvenile court, or to a county jail for a felony conviction from being prosecuted for a nonfelony offense pending against them at the time of their commitment, except as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Discussed in Hearing

Assembly Standing Committee on Public Safety10MIN
Apr 16, 2024

Assembly Standing Committee on Public Safety

View Older Hearings

Bill Author

Avatar: Ash Kalra
Ash Kalra

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