While, as of October 1, 2011, local communities will begin taking custody of offenders who meet the criteria of being non-violent, non-serious, and non-sex offenders, there are some exceptions to this rule. There are a number of crimes that are categorized as being non-violent, non-serious, and non-sex offenses but nonetheless, under the California Penal Code, will still require that offenders serve their sentences in State prisons.
These crimes are also known as the Exclusions, and there are a total of 59. Their exclusion status is due to their enactment as majority-vote bills wherein voters decided that tougher and longer sentences were required for certain kinds of offenses. Thus, any offender convicted of any one of these 59 exclusions will serve their sentences with the State.
Click here for a list of AB 109’s Crime Exclusions (PDF) - Please Note: the original document has been temporarily removed for updating and will be reposted soon.