AB 109


In April 2011, the California Legislature and Governor Brown passed sweeping public safety legislation (AB 109) that effectively shifted responsibility for certain populations of offenders from the state to the counties. Assembly Bill 109 establishes the California Public Safety Realignment Act of 2011 which allows for current non-violent, non-serious, and non-sex offenders, who after they are released from California State prison, are to be supervised at the local County level. Instead of reporting to state parole officers, these offenders are to report to local county probation officers.

AB109 is fashioned to meet the U.S. Supreme Court Order to reduce the prison population of the State’s 33 prisons. Noteworthy is the fact that no inmates currently in state prison will be transferred to county jails or released early. The law, effective October 1, 2011 also mandates that individuals sentenced to non‐serious, non‐violent or non‐sex offenses will serve their sentences in county jails instead of state prison.



The Los Angeles County Probation Department will not supervise any “3rd Strike”, other serious crime offenders, such as individuals committed a violent crime or are high risk sex-offenders.  Essentially this means that State Parole will continue to supervise current serious or violent felons, “3rd Strike” offenders, high-risk sex offenders, and mentally disordered offenders.

As the lead agency for Post-Release Community Supervision (PCS), the Probation Department has sole responsibility for determining eligibility, modifying risk levels, and determination for additional monitoring from law enforcement. The California Department of Corrections and Rehabilitation (CDCR) estimate that approximately 9,000 offenders will be released to the Los Angeles County PCS Program in the first year. By the end of the second year, between 14,000 and 15,000 individuals are expected to be under the PCS in Los Angeles County.  These numbers will be augmented by the local non‐violent, non‐serious and non‐sexual offender population that can no longer be sentenced to state prison if convicted of a felony.

Los Angeles County Probation would like to set the record straight when it comes to commonly reported misstatements:

  1. There is no such thing a "early release" under AB109.  In fact, there is no provision for early release in the language of the law passed by the California State Legislature in 20011. None of the felons released under the AB109 program are "early release".  The only difference is that these state prisoners are being supervising at the County level by Probation instead of at the State level by Parole. This error regarding early release has been wide spread-we try and correct that misperception every time.
  2. AB 109 probationers can only be returned to state prison for a new qualifying conviction.
  3. State felons by counties are known a non-serious, non-violent and non-sex offenders, i.e., N-3’s.  However, the non-serious/non-violent designation only applies to the current commitment offense.  In other words, “non-non-non’s” can and do have prior serious/violent convictions in their background, but the current offense for which they were committed to State prison cannot be defined as serious or violent under the law.  Also, sex offenders who are NOT designated as high risk sex offenders are released from the State to the county so long as their current offense is NOT serious or violent, they are not a Lifer, they are not a Mentally Disordered Offender and they are not defined as a Sexually Violent Predator. 

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The Los Angeles County Probation Department serves as the County’s top planning agency for the Public Safety Realignment Plan.

AB 109 established that local Community Corrections Partnerships (CCP) develop an implementation plan to be submitted to county boards of supervisors for review and approval by a four-fifth’s vote of the County Board of Supervisors.

The Los Angeles CCP and associated working groups met continuously to develop a plan that addresses the major issues involved with implementation of AB 109 and public safety realignment. In August 2011, the Los Angeles County CCP Plan was approved by the Board of Supervisors.



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