black box with text and faded abastract images of the senate seal and the assembly

The Cornerstone of California’s Solution to Reduce Overcrowding, Costs, and Recidivism

In 2011, Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117, historic legislation that has helped California to close the revolving door of low-level inmates cycling in and out of state prisons. It is the cornerstone of California’s solution for reducing the number of inmates in the state’s 33 prisons to 137.5 percent of design capacity by June 27, 2013, as ordered by the Three-Judge Court and affirmed by the U.S. Supreme Court. All provisions of AB 109 and AB 117 are prospective and implementation of the 2011 Realignment Legislation began October 1, 2011.
No inmates in state prison have been or will be transferred to county jails or released early.

In November 2012, California voters approved Governor Brown’s Proposition 30, which created a constitutional amendment that protected ongoing funding to the counties for Realignment. The amendment prohibits the Legislature from reducing or removing funding to the counties.    

"For too long, the state’s prison system has been a revolving door for lower-level offenders and parole violators who are released within months—often before they are even transferred out of a reception center. Cycling these offenders through state prisons wastes money, aggravates crowded conditions, thwarts rehabilitation, and impedes local law enforcement supervision." – Governor Edmund G. Brown, Jr., Governor’s Press Release, April 5, 2011.

The 2011 Realignment is funded with a dedicated portion of state sales tax revenue and Vehicle License Fees (VLF) outlined in trailer bills AB 118 and SB 89. The latter provided revenue to counties for local public safety programs and the former established the Local Revenue Fund for counties to receive the revenues and appropriate funding for 2011 Public Safety Realignment.  

Realignment Report

An Examination of Offenders Released from State Prison in the First Year of Public Safety Realignment

An Overview of AB 109, the 2011 Public Safety Realignment

Darby Kernan, (former) Assistant Secretary, Office of Legislation, provides an overview of the implementation of Assembly Bill 109 – the 2011 Public Safety Realignment. The law, effective October 1, 2011, mandates that individuals sentenced to non-serious, non-violent or non-sex offenses will serve their sentences in county jails instead of state prison.

No inmates currently in state prison have been or will be transferred to county jails or released early.
Key Provisions

Funding of Realignment

Information about trailer bills that were signed to secure sufficient funding for counties including: AB 111, AB 94, AB 118, SB 89, SB 87...more

Local Planning Process

The Community Corrections Partnership (CCP), which was previously established in Penal Code § 1230, will develop and recommend...more

Local Custody

AB 109 allows non-violent, non-serious, and non-sex offenders to serve their sentence in county jails instead of state prisons. However, counties can contract back...more