BILL NUMBER: AB 1835 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY MAY 2, 2012
AMENDED IN ASSEMBLY APRIL 12, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Fletcher
(Coauthor: Assembly Member Beth Gaines)
FEBRUARY 22, 2012
An act to amend Sections Section
290.07 and 3000.08 of the Penal Code, relating to
sex crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1835, as amended, Fletcher. Sex offenders: probation
conditions. offenders.
Existing law, the Sex Offender Registration Act, requires persons
convicted of specified sex offenses to register with local
authorities for life while residing, located, attending school, or
working in California. Willful failure to register, as required, is a
misdemeanor , or a felony, depending on the
underlying offense. Existing law authorizes access to all relevant
records pertaining to a registered sex offender for, among others, a
probation officer authorized and trained to administer the State
Authorized Risk Assessment Tool for Sex Offenders (SARATSO).
This bill would additionally authorize release of
access to relevant records pertaining to a
registered sex offender to a sex offender management professional
certified by the California Sex Offender Management Board, who is
authorized to administer the SARATSO but who was trained pursuant to
a different provision of law.
Under existing law, a person released from state prison after
serving a sentence or whose sentence has been deemed served for
various crimes, including a serious felony, a violent felony, or a
crime where a person is classified as a High Risk Sex Offender, is
subject to the jurisdiction of, and parole supervision by, the
Department of Corrections and Rehabilitation.
This bill would also require a person who is released on
postrelease supervision and who is subsequently reclassified as a
High Risk Sex Offender, to be transferred to the jurisdiction of, and
parole supervision by, the Department of Corrections and
Rehabilitation.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290.07 of the Penal Code is amended to read:
290.07. Notwithstanding any other provision of law, a person
authorized by statute to administer the State Authorized Risk
Assessment Tool for Sex Offenders (SARATSO) and trained pursuant to
Section 290.06 or 290.09, and a person acting under authority from
the SARATSO Review Committee as an expert to train, monitor, or
review scoring by persons who administer the SARATSO pursuant to
Section 290.05 or 1203 of this code or Section 706 of the Welfare and
Institutions Code, shall be granted access to all relevant records
pertaining to a registered sex offender, including, but not limited
to, criminal histories, sex offender registration records, police
reports, probation and presentencing reports, judicial records and
case files, juvenile records, psychological evaluations and
psychiatric hospital reports, sexually violent predator treatment
program reports, and records that have been sealed by the courts or
the Department of Justice. Records and information obtained under
this section shall not be subject to the California Public Records
Act, Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code.
SEC. 2. Section 3000.08 of the Penal Code, as
amended by Section 17 of Chapter 12 of the First Extraordinary
Session of the Statutes of 2011, is amended to read:
3000.08. (a) A person released from state prison on or after
October 1, 2011, after serving a prison term or, whose sentence has
been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to the jurisdiction of, and parole
supervision by, the Department of Corrections and Rehabilitation:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) A crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
(5) A crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.
(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
(c) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(d) Except as described in subdivision (c), a person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
(e) If, after release from prison, a person on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450) is
reclassified as a High Risk Sex Offender, the person shall be
transferred to the jurisdiction of, and parole supervision by, the
Department of Corrections and Rehabilitation. The person shall be
granted credit toward his or her period of parole supervision for any
time spent on the postrelease supervision prior to the
reclassification and transfer of supervision.
(f) This section shall be operative only until July 1, 2013, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 3. Section 3000.08 of the Penal Code, as
amended by Section 18 of Chapter 12 of the First Extraordinary
Session of the Statutes of 2011, is amended to read:
3000.08. (a) Persons released from state prison prior to or on or
after July 1, 2013, after serving a prison term or, whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction of
the court in the county where the parolee is released or resides for
the purpose of hearing petitions to revoke parole and impose a term
of custody:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) A crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
(5) A crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.
(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
(c) At any time during the period of parole of a person subject to
this section, if a parole agent or peace officer has probable cause
to believe that the parolee is violating a term or condition of his
or her parole, the agent or officer may, without warrant or other
process and at any time until the final disposition of the case,
arrest the person and bring him or her before the parole authority,
or the parole authority may, in its discretion, issue a warrant for
that person's arrest.
(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the parole authority may impose
additional and appropriate conditions of supervision, including
rehabilitation and treatment services and appropriate incentives for
compliance, and impose immediate, structured, and intermediate
sanctions for parole violations, including flash incarceration in a
county jail. Periods of "flash incarceration," as defined in
subdivision (e) are encouraged as one method of punishment for
violations of a parolee's conditions of parole. Nothing in this
section is intended to preclude referrals to a reentry court pursuant
to Section 3015.
(e) "Flash incarceration" is a period of detention in county jail
due to a violation of a parolee's conditions of parole. The length of
the detention period can range between one and 10 consecutive days.
Shorter, but if necessary more frequent, periods of detention for
violations of a parolee's conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.
(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising agency shall petition the revocation hearing officer
appointed pursuant to Section 71622.5 of the Government Code in the
county in which the parolee is being supervised to revoke parole. At
any point during the process initiated pursuant to this section, a
parolee may waive, in writing, his or her right to counsel, admit the
parole violation, waive a court hearing, and accept the proposed
parole modification. The petition shall include a written report that
contains additional information regarding the petition, including
the relevant terms and conditions of parole, the circumstances of the
alleged underlying violation, the history and background of the
parolee, and any recommendations. The Judicial Council shall adopt
forms and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of parole, the revocation hearing officer
shall have authority to do any of the following:
(1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
(2) Revoke parole and order the person to confinement in the
county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the county jail.
(h) Notwithstanding any other provision of law, in any case where
Section 3000.1 applies to a person who is on parole and there is good
cause to believe that the person has committed a violation of law or
violated his or her conditions of parole, and there is imposed a
period of imprisonment of longer than 30 days, that person shall be
remanded to the custody of the Department of Corrections and
Rehabilitation and the jurisdiction of the Board of Parole Hearings
for the purpose of future parole consideration.
(i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(j) Parolees subject to this section who are being held for a
parole violation in a county jail on July 1, 2013, shall be subject
to the jurisdiction of the Board of Parole Hearings.
(k) Except as described in subdivision (c), a person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
(l) If, after release from prison, a person on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450) is
reclassified as a High Risk Sex Offender, the person shall be
transferred to the jurisdiction of, and parole supervision by, the
Department of Corrections and Rehabilitation. The person shall be
granted credit toward his or her period of parole supervision for any
time spent on the postrelease supervision prior to the
reclassification and transfer of supervision.
(m) This section shall become operative on July 1, 2013.