Amended in Assembly April 15, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 2

Introduced by Assembly Member Morrell

begin insert

(Coauthors: Assembly Members Conway, Beth Gaines, Gorell, Harkey, Jones, Nestande, and Wilk)

end insert

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 amended, 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 begin delete provide that any end delete begin insert require a end insert 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 begin delete shall end delete begin insert to end insert serve any period of incarceration ordered for that violation in the state prison. begin insert This bill would also make a conforming change by authorizing the revocation hearing officer to revoke and terminate postrelease community supervision and order the person to confinement in the state prison, upon a finding that the person has violated the conditions of postrelease community supervision. end insert

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

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

SECTION 1.  

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

3005.  

begin delete Any end delete begin insert A end insert 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 pursuant
to Section 290, and who violates that parole or 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.

SEC. 2.  

Section 3455 of the Penal Code is amended to read:

3455.  

(a) If the supervising county agency has determined,
following application of its assessment processes, that intermediate
sanctions as authorized in subdivision (b) of Section 3454 are not
appropriate, the supervising county agency shall petition the court
pursuant to Section 1203.2 to revoke, modify, or terminate
postrelease community supervision. At any point during the process
initiated pursuant to this section, a person may waive, in writing,
his or her right to counsel, admit the violation of his or her
postrelease community supervision, waive a court hearing, and
accept the proposed modification of his or her postrelease
community supervision. The petition shall include a written report
that contains additional information regarding the petition,
including the relevant terms and conditions of postrelease
community supervision, the circumstances of the alleged
underlying violation, the history and background of the violator,
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 postrelease community supervision, the
revocation hearing officer shall have authority to do all of the
following:

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

(2) Revoke and terminate postrelease community supervision
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.

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

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

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

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

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

(e) A person shall not remain under supervision or in custody
pursuant to this title on or after three years from the date of the
person’s initial entry onto postrelease community supervision,
except when his or her supervision is tolled pursuant to Section
1203.2 or subdivision (b) of Section 3456.