AB 605, as introduced, Linder. 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 a 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 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:
Section 3005 is added to the Penal Code, to read:
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 any condition of that parole or
2postrelease community-based supervision shall serve any period
3of incarceration ordered for that violation in the state prison.
Section 3455 of the Penal Code is amended to read:
(a) If the supervising county agency has determined,
6following application of its assessment processes, that intermediate
7sanctions as authorized in subdivision (b) of Section 3454 are not
8appropriate, the supervising county agency shall petition the court
9pursuant to Section 1203.2 to revoke, modify, or terminate
10postrelease community supervision. At any point during the process
11initiated pursuant to this section, a person may waive, in writing,
12his or her right to counsel, admit the violation of his or her
13postrelease community supervision, waive a court hearing, and
14accept the proposed modification of his or her postrelease
15community supervision. The petition shall include a written report
16that contains additional information regarding the petition,
17including the relevant terms and conditions of postrelease
18community
supervision, the circumstances of the alleged
19underlying violation, the history and background of the violator,
20and any recommendations. The Judicial Council shall adopt forms
21and rules of court to establish uniform statewide procedures to
22implement this subdivision, including the minimum contents of
23supervision agency reports. Upon a finding that the person has
24violated the conditions of postrelease community supervision, the
25revocation hearing officer shall have authority to do all of the
26following:
27(1) Return the person to postrelease community supervision
28with modifications of conditions, if appropriate, including a period
29of incarceration in county jail.
30(2) Revoke and terminate postrelease community supervision
31and order the person to confinement in the county jail.
32(3) Refer the person to a reentry court
pursuant to Section 3015
33or other evidence-based program in the court’s discretion.
34(4) When a violation is found based on the conduct described
35in Section 3005, revoke and terminate postrelease community
36supervision and order the person to confinement in the state prison.
37(b) (1) At any time during the period of postrelease community
38supervision, if any peace officer has probable cause to believe a
39person subject to postrelease community supervision is violating
40any term or condition of his or her release, the officer may, without
P3 1a warrant or other process, arrest the person and bring him or her
2before the supervising county agency established by the county
3board of supervisors pursuant to subdivision (a) of Section 3451.
4Additionally, an officer
employed by the supervising county agency
5may seek a warrant and a court or its designated hearing officer
6appointed pursuant to Section 71622.5 of the Government Code
7shall have the authority to issue a warrant for that person’s arrest.
8(2) The court or its designated hearing officer shall have the
9authority to issue a warrant for any person who is the subject of a
10petition filed under this section who has failed to appear for a
11hearing on the petition or for any reason in the interests of justice,
12or to remand to custody a person who does appear at a hearing on
13the petition for any reason in the interests of justice.
14(c) The revocation hearing shall be held within a reasonable
15time after the filing of the revocation petition. Based upon a
16showing of a preponderance of the evidence that a person under
17supervision poses an unreasonable risk to public safety, or the
18person may not
appear if released from custody, or for any reason
19in the interests of justice, the supervising county agency shall have
20the authority to make a determination whether the person should
21remain in custody pending the first court appearance on a petition
22to revoke postrelease community supervision, and upon that
23determination, may order the person confined pending his or her
24first court appearance.
25(d) Confinement pursuant to paragraphs (1) and (2) of
26subdivision (a) shall not exceed a period of 180 days in the county
27jail for each custodial sanction.
28(e) A person shall not remain under supervision or in custody
29pursuant to this title on or after three years from the date of the
30person’s initial entry onto postrelease community supervision,
31except when his or her supervision is tolled pursuant to Section
321203.2 or subdivision (b) of Section 3456.
O
99