Section 1233.1 Of Chapter 3. California Community Corrections Performance Incentives From California Penal Code >> Title 8. >> Part 2. >> Chapter 3.
1233.1
. After the conclusion of each calendar year, the Director of
Finance, in consultation with the Department of Corrections and
Rehabilitation, the Joint Legislative Budget Committee, the Chief
Probation Officers of California, and the Judicial Council, shall
calculate the following for that calendar year:
(a) The cost to the state to incarcerate in a contract facility
and supervise on parole an offender who fails local supervision and
is sent to prison.
(b) The statewide probation failure rate shall be calculated as
the total number of adult felony probationers statewide sent to state
prison as a percentage of the average statewide adult felony
probation population for that year.
(c) The probation failure rate for each county shall be calculated
as the total number of adult felony probationers sent to state
prison from that county, as a percentage of the county's average
adult felony probation population for that year.
(d) An estimate of the number of adult felony probationers each
county successfully prevented from being incarcerated in state
prison. For each county, this estimate shall be calculated based on
the reduction in the county's probation failure rate as calculated
annually pursuant to subdivision (c) for that year and the county's
probation failure rate from the previous year.
(e) In calculating probation failure to prison rates for the state
and individual counties, the number of adult felony probationers
sent to state prison shall include those adult felony probationers
sent to state prison for a revocation of probation, as well as adult
felony probationers sent to state prison for a conviction of a new
felony offense. The calculation shall also include adult felony
probationers who are sent to state prison for a conviction of a new
crime and who simultaneously have their probation terms terminated.
(f) The statewide mandatory supervision failure to prison rate.
The statewide mandatory supervision failure to prison rate shall be
calculated as the total number of offenders supervised under
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170, statewide, sent to prison in the
previous calendar year as a percentage of the average statewide
mandatory supervision population for that year.
(g) A mandatory supervision failure to prison rate for each
county. Each county's mandatory supervision failure to prison rate
shall be calculated as the number of offenders supervised under
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170 sent to prison from that county in
the previous calendar year as a percentage of the county's average
mandatory supervision population for that year.
(h) An estimate of the number of felons on mandatory supervision
each county successfully prevented from being incarcerated in state
prison. For each county, this estimate shall be calculated based on
the reduction in the county's mandatory supervision failure to prison
rate as calculated annually pursuant to subdivision (g) for that
year and the county's mandatory supervision failure to prison rate
from the previous year.
(i) The statewide postrelease community supervision failure to
prison rate. The statewide postrelease community supervision failure
to prison rate shall be calculated as the total number of offenders
supervised under postrelease community supervision pursuant to Title
2.05 (commencing with Section 3450) of Part 3, statewide, sent to
prison in the previous calendar year as a percentage of the average
statewide postrelease community supervision population for that year.
(j) A postrelease community supervision failure to prison rate for
each county. Each county's postrelease community supervision failure
to prison rate shall be calculated as the number of offenders
supervised under postrelease community supervision pursuant to Title
2.05 (commencing with Section 3450) of Part 3 sent to prison from
that county in the previous calendar year as a percentage of the
county's average postrelease community supervision population for
that year.
(k) An estimate of the number of felons on postrelease community
supervision each county successfully prevented from being
incarcerated in state prison. For each county, this estimate shall be
calculated based on the reduction in the county's postrelease
community supervision failure to prison rate as calculated annually
pursuant to subdivision (i) for that year and the county's
postrelease community supervision failure to prison rate from the
previous year.
(l) The statewide return to prison rate. The statewide return to
prison rate shall be calculated as the total number of offenders
supervised by probation departments as felony probationers, or
subject to mandatory supervision pursuant to subdivision (h) of
Section 1170, or subject to postrelease community supervision, who
were sent to prison, as a percentage of the average statewide adult
felony probation, mandatory supervision, and postrelease community
supervision population.
(m) The county return to prison rate. The combined individual
county return to prison rate shall be calculated as the total number
of offenders supervised by a county probation department as felony
probationers, or subject to mandatory supervision pursuant to
subdivision (h) of Section 1170, or subject to postrelease community
supervision, who were sent to prison, as a percentage of the average
adult felony probation, mandatory supervision, and postrelease
community supervision population for that county.