California Legislature—2013–14 Regular Session

Assembly BillNo. 1065


Introduced by Assembly Member Holden

February 22, 2013


An act to amend Sections 3000.08 and 3451 of the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

AB 1065, as introduced, Holden. Parole.

Existing law requires that all persons released from prison on and after October 1, 2011, after serving a prison term for a felony, be subject to postrelease community supervision provided by a county agency for a period of 3 years immediately following release, except for persons released after serving a term for a serious felony, a violent felony, an offense for which the person was sentenced pursuant to the 3 strikes law, a crime where the person is classified as a High Risk Sex Offender, or a crime where the person is required to undergo treatment by the State Department of State Hospitals because the person has a severe mental disorder. Existing law requires these persons to be subject to parole supervision by the Department of Corrections and Rehabilitation following release from state prison.

This bill would require that a person released from state prison who has served a previous prison term for which he or she was required, as a condition of parole, to undergo treatment by the State Department of State Hospitals to be subject to parole supervision by the Department of Corrections and Rehabilitation and the court in the county in which the parolee is released.

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

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

P2    1

SECTION 1.  

Section 3000.08 of the Penal Code, as amended
2by Section 35 of Chapter 43 of the Statutes of 2012, is amended
3to read:

4

3000.08.  

(a) begin deletePersons end deletebegin insertA person end insertreleased from state prison prior
5to or on or after July 1, 2013, after serving a prisonbegin delete term or,end deletebegin insert term,
6orend insert
whose sentence has been deemed served pursuant to Section
72900.5, for any of the following crimesbegin delete shall beend deletebegin insert isend insert subject to parole
8 supervision by the Department of Corrections and Rehabilitation
9and the jurisdiction of the court in the countybegin delete whereend deletebegin insert in whichend insert the
10parolee is released or resides for the purpose of hearing petitions
11to revoke parole and impose a term of custody:

12(1) A serious felony as described in subdivision (c) of Section
131192.7.

14(2) A violent felony as described in subdivision (c) of Section
15667.5.

16(3) A crime for which the person was sentenced pursuant to
17paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
18of subdivision (c) of Section 1170.12.

19(4) Any crimebegin delete whereend deletebegin insert for whichend insert the personbegin delete eligible for release
20from prisonend delete
is classified as a High Risk Sex Offender.

21(5) Any crimebegin delete whereend deletebegin insert for whichend insert the person is required, as a
22condition of parole, to undergo treatment by thebegin insert Stateend insert Department
23ofbegin delete Mental Healthend deletebegin insert State Hospitalsend insert pursuant to Section 2962.

begin insert

24(b) A person released from state prison after serving a prison
25term, or whose sentence has been deemed served pursuant to
26Section 2900.5, who has served a previous prison term for which
27he or she was required, as a condition of parole, to undergo
28treatment by the State Department of State Hospitals pursuant to
29Section 2962, is subject to parole supervision by the Department
30of Corrections and Rehabilitation and the jurisdiction of the court
31in the county in which the parolee is released or resides for the
32purpose of hearing petitions to revoke parole and impose a term
33of custody.

end insert
begin delete

34(b)

end delete

35begin insert(c)end insert Notwithstanding any otherbegin delete provision ofend delete law, all other
36offenders released from prison shall be placed on postrelease
37supervision pursuant to Title 2.05 (commencing with Section
383450).

begin delete

P3    1(c)

end delete

2begin insert(d)end insert At any time during the period of parole of a person subject
3to this section, if any parole agent or peace officer has probable
4cause to believe that the parolee is violating any term or condition
5of his or her parole, the agent or officer may, without warrant or
6other process and at any time until the final disposition of the case,
7arrest the person and bring him or her before the court, or the court
8may, in its discretion, issue a warrant for that person’s arrest
9pursuant to Section 1203.2.

begin delete

10(d)

end delete

11begin insert(e)end insert Upon review of the alleged violation and a finding of good
12cause that the parolee has committed a violation of law or violated
13his or her conditions of parole, the supervising parole agency may
14impose additional and appropriate conditions of supervision,
15including rehabilitation and treatment services and appropriate
16incentives for compliance, and impose immediate, structured, and
17intermediate sanctions for parole violations, including flash
18incarceration in a county jail. Periods of “flash incarceration,” as
19defined in subdivision (e) are encouraged as one method of
20punishment for violations of a parolee’s conditions of parole.
21begin delete Nothing in thisend deletebegin insert Thisend insert sectionbegin delete is intended toend deletebegin insert does notend insert preclude
22referrals to a reentry court pursuant to Section 3015.

begin delete

23(e)

end delete

24begin insert(f)end insert “Flash incarceration” is a period of detention in county jail
25due to a violation of a parolee’s conditions of parole. The length
26of the detention period can range between one and 10 consecutive
27days. Shorter, but if necessary more frequent, periods of detention
28for violations of a parolee’s conditions of parole shall appropriately
29punish a parolee while preventing the disruption in a work or home
30establishment that typically arises from longer periods of detention.

begin delete

31(f)

end delete

32begin insert(g)end insert If the supervising parole agency has determined, following
33application of its assessment processes, that intermediate sanctions
34up to and including flash incarceration are not appropriate, the
35supervising parole agency shall, pursuant to Section 1203.2,
36petition the court in the county in which the parolee is being
37supervised to revoke parole. At any point during the process
38initiated pursuant to this section, a parolee may waive, in writing,
39his or her right to counsel, admit the parole violation, waive a court
40hearing, and accept the proposed parole modification or revocation.
P4    1The petition shall include a written report that contains additional
2information regarding the petition, including the relevant terms
3and conditions of parole, the circumstances of the alleged
4underlying violation, the history and background of the parolee,
5and any recommendations. The Judicial Council shall adopt forms
6and rules of court to establish uniform statewide procedures to
7implement this subdivision, including the minimum contents of
8supervision agency reports. Upon a finding that the person has
9violated the conditions of parole, the court shall have authority to
10do any of the following:

11(1) Return the person to parole supervision with modifications
12of conditions, if appropriate, including a period of incarceration
13in county jail.

14(2) Revoke parole and order the person to confinement in the
15county jail.

16(3) Refer the person to a reentry court pursuant to Section 3015
17or other evidence-based program in the court’s discretion.

begin delete

18(g)

end delete

19begin insert(h)end insert Confinement pursuant to paragraphs (1) and (2) of
20subdivisionbegin delete (f)end deletebegin insert (g)end insert shall not exceed a period of 180 days in the
21county jail.

begin delete

22(h)

end delete

23begin insert(i)end insert Notwithstanding any otherbegin delete provision ofend delete law,begin delete in any case
24whereend delete
begin insert ifend insert Section 3000.1 or paragraph (4) of subdivision (b) of
25Section 3000 applies to a person who is on parole and the court
26determines that the person has committed a violation of law or
27violated his or her conditions of parole, the person on parole shall
28be remanded to the custody of the Department of Corrections and
29Rehabilitation and the jurisdiction of the Board of Parole Hearings
30for the purpose of future parole consideration.

begin delete

31(i)

end delete

32begin insert(j)end insert Notwithstanding subdivision (a), any of the following persons
33released from state prison shall be subject to the jurisdiction of,
34and parole supervision by, the Department of Corrections and
35 Rehabilitation for a period of parole up to three years or the parole
36term the person was subject to at the time of the commission of
37the offense, whichever is greater:

38(1) The person is required to register as a sex offender pursuant
39to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
401, and was subject to a period of parole exceeding three years at
P5    1the time he or she committed a felony for which they were
2convicted and subsequently sentenced to state prison.

3(2) The person was subject to parole for life pursuant to Section
43000.1 at the time of the commission of the offense that resulted
5in a conviction and state prison sentence.

begin delete

6(j)

end delete

7begin insert(k)end insert Parolees subject to this section who have a pending
8adjudication for a parole violation on July 1, 2013,begin delete shall beend deletebegin insert areend insert
9 subject to the jurisdiction of the Board of Parole Hearings. Parole
10revocation proceedings conducted by the Board of Parole Hearings
11prior to July 1, 2013, if reopened on or after July 1, 2013,begin delete shall beend delete
12begin insert areend insert subject to the jurisdiction of the Board of Parole Hearings.

begin delete

13(k)

end delete

14begin insert(l)end insert Except as described in subdivision (c), any person who is
15convicted of a felony that requires community supervision and
16who still has a period of state parole to serve shall discharge from
17state parole at the time of release to community supervision.

begin delete

18(l) This section shall become operative on July 1, 2013.

end delete
19

SEC. 2.  

Section 3451 of the Penal Code is amended to read:

20

3451.  

(a) Notwithstanding any other law and except for persons
21serving a prison term for any crime described in subdivision (b),
22all persons released from prison on and after October 1, 2011, or,
23whose sentence has been deemed served pursuant to Section 2900.5
24after serving a prison term for a felony shall, upon release from
25prison and for a period not exceeding three years immediately
26following release, be subject to community supervision provided
27by a county agency designated by each county’s board of
28supervisors which is consistent with evidence-based practices,
29including, but not limited to, supervision policies, procedures,
30programs, and practices demonstrated by scientific research to
31reduce recidivism among individuals under postrelease supervision.

32(b) This section shall not apply to any person released from
33prison after having served a prison term for any of the following:

34(1) A serious felony described in subdivision (c) of Section
351192.7.

36(2) A violent felony described in subdivision (c) of Section
37667.5.

38(3) A crime for which the person was sentenced pursuant to
39paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
40of subdivision (c) of Section 1170.12.

P6    1(4) Any crimebegin delete whereend deletebegin insert for whichend insert the personbegin delete eligible for release
2from prisonend delete
is classified as a High Risk Sex Offender.

3(5) Any crimebegin delete whereend deletebegin insert for whichend insert the person is required, as a
4condition of parole, to undergo treatment by the State Department
5of State Hospitals pursuant to Section 2962.

begin insert

6(c) This section shall not apply to any person released from
7prison who has served a previous prison term from which the
8person was required, as a condition of parole, to undergo treatment
9by the State Department of State Hospitals pursuant to Section
102962.

end insert
begin delete

11(c)

end delete

12begin insert(d)end insert (1) Postrelease supervision under this title shall be
13implemented by a county agency according to a postrelease strategy
14designated by each county’s board of supervisors.

15(2) The Department of Corrections and Rehabilitation shall
16inform every prisoner subject to the provisions of this title, upon
17release from state prison, of the requirements of this title and of
18his or her responsibility to report to the county agency responsible
19for serving that inmate. The department shall also inform persons
20serving a term of parole for a felony offense who are subject to
21this section of the requirements of this title and of his or her
22responsibility to report to the county agency responsible for serving
23that parolee. Thirty days prior to the release of any person subject
24to postrelease supervision by a county, the department shall notify
25the county of all information that would otherwise be required for
26parolees under subdivision (e) of Section 3003.



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