California Legislature—2013–14 Regular Session

Assembly BillNo. 2


Introduced by Assembly Member Morrell

December 3, 2012


An act to amend Section 3455 of, and to add Section 3005 to, the Penal Code, relating to sex offenders.

LEGISLATIVE COUNSEL’S DIGEST

AB 2, as introduced, Morrell. Sex offenders: parole violations.

Existing law requires persons who have been convicted of specified crimes to register as a sex offender. Existing law provides for parole and postrelease community supervision of felons, as provided, including provisions for the revocation of parole or postrelease community supervision by a court or revocation hearing officer.

This bill would provide that any criminal defendant who is released on parole or to postrelease community supervision, who has suffered a prior or current felony requiring registration as a sex offender, and who violates that parole or postrelease community-based supervision by violating the requirement to register as a sex offender shall serve any period of incarceration ordered for that violation in the state prison.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 3005 is added to the Penal Code, to read:

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3005.  

Any criminal defendant who is released on parole or to
3postrelease community supervision, who has suffered a prior or
4current felony requiring registration as a sex offender pursuant to
P2    1Section 290, and who violates that parole or community-based
2supervision by violating the requirement to register as a sex
3offender shall serve any period of incarceration ordered for that
4violation in the state prison.

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SEC. 2.  

Section 3455 of the Penal Code is amended to read:

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3455.  

(a) If the supervising county agency has determined,
7following application of its assessment processes, that intermediate
8sanctions as authorized in subdivision (b) of Section 3454 are not
9appropriate, the supervising county agency shall petition the court
10pursuant to Section 1203.2 to revoke, modify, or terminate
11postrelease community supervision. At any point during the process
12initiated pursuant to this section, a person may waive, in writing,
13his or her right to counsel, admit the violation of his or her
14postrelease community supervision, waive a court hearing, and
15accept the proposed modification of his or her postrelease
16community supervision. The petition shall include a written report
17that contains additional information regarding the petition,
18including the relevant terms and conditions of postrelease
19community supervision, the circumstances of the alleged
20underlying violation, the history and background of the violator,
21and any recommendations. The Judicial Council shall adopt forms
22and rules of court to establish uniform statewide procedures to
23implement this subdivision, including the minimum contents of
24supervision agency reports. Upon a finding that the person has
25violated the conditions of postrelease community supervision, the
26revocation hearing officer shall have authority to do all of the
27following:

28(1) Return the person to postrelease community supervision
29with modifications of conditions, if appropriate, including a period
30of incarceration in county jail.

31(2) Revoke and terminate postrelease community supervision
32and order the person to confinement in the county jail.

33(3) Refer the person to a reentry court pursuant to Section 3015
34or other evidence-based program in the court’s discretion.

begin insert

35(4) When a violation is found based on the conduct described
36in Section 3005, revoke and terminate postrelease community
37supervision and order the person to confinement in the state prison.

end insert

38(b) (1) At any time during the period of postrelease community
39supervision, if any peace officer has probable cause to believe a
40person subject to postrelease community supervision is violating
P3    1any term or condition of his or her release, the officer may, without
2a warrant or other process, arrest the person and bring him or her
3before the supervising county agency established by the county
4board of supervisors pursuant to subdivision (a) of Section 3451.
5Additionally, an officer employed by the supervising county agency
6may seek a warrant and a court or its designated hearing officer
7appointed pursuant to Section 71622.5 of the Government Code
8shall have the authority to issue a warrant for that person’s arrest.

9(2) The court or its designated hearing officer shall have the
10authority to issue a warrant for any person who is the subject of a
11petition filed under this section who has failed to appear for a
12hearing on the petition or for any reason in the interests of justice,
13or to remand to custody a person who does appear at a hearing on
14the petition for any reason in the interests of justice.

15(c) The revocation hearing shall be held within a reasonable
16time after the filing of the revocation petition. Based upon a
17showing of a preponderance of the evidence that a person under
18supervision poses an unreasonable risk to public safety, or the
19person may not appear if released from custody, or for any reason
20in the interests of justice, the supervising county agency shall have
21the authority to make a determination whether the person should
22remain in custody pending the first court appearance on a petition
23to revoke postrelease community supervision, and upon that
24determination, may order the person confined pending his or her
25first court appearance.

26(d) Confinement pursuant to paragraphs (1) and (2) of
27subdivision (a) shall not exceed a period of 180 days in the county
28jail for each custodial sanction.

29(e) A person shall not remain under supervision or in custody
30pursuant to this title on or after three years from the date of the
31person’s initial entry onto postrelease community supervision,
32except when his or her supervision is tolled pursuant to Section
331203.2 or subdivision (b) of Section 3456.



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