Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 601

Introduced by Assembly begin delete Member end delete begin insert Members Cooley and end insert Eggman

February 20, 2013

An act begin insert to amend Sections 3000.08 and 3056 of the Penal Code, end insert relating to begin delete probation end delete begin insert parole end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 601, as amended, begin delete Eggman end delete begin insert Cooley end insert . begin delete Probation. end delete begin insert Parole. end insert

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Existing law requires that persons released after serving a term in state prison for specified felonies be subject to parole supervision by the Department of Corrections and Rehabilitation. Under existing law, if the supervising parole agency has determined that other sanctions are inappropriate, the agency may petition the court to revoke parole for specified violations. The court may respond to this petition by returning the person to parole supervision with a modification of conditions, revoke parole and order confinement in county jail, or refer the person to a reentry court.

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This bill would authorize the court, upon petition, to revoke parole and return the person to state prison for a period not to exceed one year. The bill would require the Legislative Analyst’s Office, on or before January 1, 2015, to produce a report, to be delivered to the Assembly, the Senate, and the Governor’s office, evaluating the criminal justice realignment, specifically with regard to offenders under state supervision, as specified.

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Existing law authorizes the court to grant probation to certain persons convicted of a crime. Under existing law, if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court is required to refer the matter to a probation officer to investigate and report to the court the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment.

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This bill would state the intent of the Legislature to enact legislation that would standardize the length of time individuals are placed on probation.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 3000.08 of the end insert begin insert Penal Code end insert begin insert , as amended
by Section 35 of Chapter 43 of the Statutes of 2012, is amended
to read: end insert

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) Any crime where the person eligible for release from prison
is classified as a High Risk Sex Offender.

(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the begin insert State end insert Department of begin delete Mental
Health end delete begin insert State Hospitals end insert 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 any parole agent or peace officer has probable
cause to believe that the parolee is violating any 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 court, or the court
may, in its discretion, issue a warrant for that person’s arrest
pursuant to Section 1203.2.

(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 supervising parole agency 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 parole agency shall, pursuant to Section 1203.2,
petition the court 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 or revocation.
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 court 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.

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(4) Revoke parole and order the person returned to state prison
for a period of time not to exceed one year.

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(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 or paragraph (4) of subdivision (b) of Section
3000 applies to a person who is on parole and the court determines
that the person has committed a violation of law or violated his or
her conditions of parole, the person on parole 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 have a pending
adjudication for a parole violation on July 1, 2013, shall be subject
to the jurisdiction of the Board of Parole Hearings. Parole
revocation proceedings conducted by the Board of Parole Hearings
prior to July 1, 2013, if reopened on or after July 1, 2013, shall be
subject to the jurisdiction of the Board of Parole Hearings.

(k) Except as described in subdivision (c), any 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) This section shall become operative on July 1, 2013.

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begin insert SEC. 2. end insert   

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begin insert Section 3056 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3056.  

(a) Prisoners on parole shall remain under the
supervision of the department but shall not be returned to prison
except as provided in subdivision (b) or as provided by begin insert subdivision
(f) of Section 3000.08 or end insert subdivision (c) of Section 3000.09. A
parolee awaiting a parole revocation hearing may be housed in a
county jail while awaiting revocation proceedings. If a parolee is
housed in a county jail, he or she shall be housed in the county in
which he or she was arrested or the county in which a petition to
revoke parole has been filed or, if there is no county jail in that
county, in the housing facility with which that county has
contracted to house jail inmates. Additionally, except as provided
by subdivision (c) of Section 3000.09, upon revocation of parole,
a parolee may be housed in a county jail for a maximum of 180
days per revocation. When housed in county facilities, parolees
shall be under the sole legal custody and jurisdiction of local county
facilities. A parolee shall remain under the sole legal custody and
jurisdiction of the local county or local correctional administrator,
even if placed in an alternative custody program in lieu of
incarceration, including, but not limited to, work furlough and
electronic home detention. When a parolee is under the legal
custody and jurisdiction of a county facility awaiting parole
revocation proceedings or upon revocation, he or she shall not be
under the parole supervision or jurisdiction of the department.
When released from the county facility or county alternative
custody program following a period of custody for revocation of
parole or because no violation of parole is found, the parolee shall
be returned to the parole supervision of the department for the
duration of parole.

(b) Inmates paroled pursuant to Section 3000.1 may be returned
to prison following the revocation of parole by the Board of Parole
Hearings until July 1, 2013, and thereafter by a court pursuant to
Section 3000.08.

(c) A parolee who is subject to subdivision (a) but who is under
18 years of age may be housed in a facility of the Division of
Juvenile Facilities.

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begin insert SEC. end insert begin insert 3. end insert   

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begin insert On or before January 1, 2015, the Legislative Analyst’s
Office shall produce a report, to be delivered to the Assembly, the
Senate, and the Governor’s office, evaluating the criminal justice
realignment, specifically with regard to offenders under state
supervision, including rates of recidivism, figures on violation of
parole, the type and severity of reoffense leading to return to state
prison, the history of parole violation in those cases leading to a
return to state prison, and the adequacy of county facilities to
confine parole violators. end insert

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would standardize the length of time individuals
are placed on probation.

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