AB 560

Bill Subjects

Abstract

Existing law authorizes a court to recall a sentence of imprisonment in the state prison and to resentence a defendant in the same manner as if he or she had not previously been sentenced, upon the court's own motion or the recommendation of the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings. Existing law prohibits the new sentence from being greater than the initial sentence and requires that credit be given to time served. This bill would similarly authorize the court to recall a sentence of imprisonment in the county jail for a felony, upon the court's own motion or the recommendation of the sheriff who administers the county jail facility, as specified. Existing law authorizes a court, when sentencing a person to county jail for a felony, to commit the person to county jail for either the full term in custody, as specified, or to suspend the execution of a concluding portion of the term selected at the court's discretion. Under existing law, this period of suspended execution is supervised by the county probation officer and is known as mandatory supervision. This bill would instead require the court to suspend execution of the concluding portion of the term in county jail for at least six months, during which time the person would be subject to mandatory supervision. By increasing the duties of county probation officers, the bill would impose a state-mandated local program. 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 these statutory provisions.