BILL NUMBER: AB 1065 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Holden
FEBRUARY 22, 2013
An act to amend Sections 3000.08 and 3451
Section 2966 of the Penal Code, relating to parole.
LEGISLATIVE COUNSEL'S DIGEST
AB 1065, as amended, Holden. Parole.
Existing law requires a prisoner who has a severe mental disorder
to be treated by the State Department of State Hospitals as a
condition of parole. Existing law specifies the criteria for this
parole condition to apply, and allows a prisoner to request a hearing
before the Board of Parole Hearings for the purpose of proving that
the prisoner meets the criteria. Existing law allows a prisoner who
disagrees with the determination of the Board of Parole Hearings to
file a petition in court for a hearing on whether he or she met the
criteria. Existing law provides that if the determination of the
Board of Parole Hearings is reversed, the court is to stay the
execution of the decision for 5 working days to allow for an orderly
release of the prisoner.
Existing law requires that all specified
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.
. Existing law require s the Department of
Corrections and Rehabilitation to notify a county of specified
information about a person subject to postrelease community
supervision by a county 30 days prior to the release of that person.
This bill would instead provide that if the determination of the
Board of Parole Hearings is reversed, the court shall stay the
execution of the decision for 30 working days to allow for an orderly
release of the prisoner.
This
The 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.
if the determination of the Board of Parole Hearings is
reversed, the Department of Corrections and Rehabilitation, upon a
determination that the individual is eligible for release pursuant to
postrelease community supervision provisions, is to notify the
probation department of the county of supervision of the pending
release within 5 working days of the court order and work with the
county of supervision to coordinate the orderly and safe release of
the prisoner.
The bill would also make technical, nonsubstantive changes to
these provisions.
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 2966 of the Penal
Code is amended to read:
2966. (a) A prisoner may request a hearing before the Board of
Prison Terms Parole Hearings , and the
board shall conduct a hearing if so requested, for the purpose of
proving that determining whether the
prisoner meets the criteria in Section 2962. At the hearing, the
burden of proof shall be on the person or agency who certified the
prisoner under subdivision (d) of Section 2962. If the prisoner or
any person appearing on his or her behalf at the hearing requests it,
the board shall appoint two independent professionals as provided
for in Section 2978. The prisoner shall be informed at the hearing of
his or her right to request a trial pursuant to subdivision (b). The
Board of Prison Terms Parole Hearings
shall provide a prisoner who requests a trial, a petition form and
instructions for filing the petition.
(b) A prisoner who disagrees with the determination of the Board
of Prison Terms Parole Hearings that he
or she meets the criteria of Section 2962, may file in the superior
court of the county in which he or she is incarcerated or is being
treated a petition for a hearing on whether he or she, as of the date
of the Board of Prison Terms Parole Hearings
hearing, met the criteria of Section 2962. The court shall
conduct a hearing on the petition within 60 calendar days after the
petition is filed, unless either time is waived by the petitioner or
his or her counsel, or good cause is shown. Evidence offered for the
purpose of proving the prisoner's behavior or mental status
subsequent to the Board of Prison Terms
Parole Hearings hearing shall not be considered. The order of
the Board of Prison Terms Parole Hearings
shall be in effect until the completion of the court
proceedings. The court shall advise the petitioner of his or her
right to be represented by an attorney and of the right to a jury
trial. The attorney for the petitioner shall be given a copy of the
petition, and any supporting documents. The hearing shall be a civil
hearing; however, in order to reduce costs, the rules of criminal
discovery, as well as civil discovery, shall be applicable. The
standard of proof shall be beyond a reasonable doubt, and if the
trial is by jury, the jury shall be unanimous in its verdict. The
trial shall be by jury unless waived by both the person and the
district attorney. The court may, upon stipulation of both parties,
receive in evidence the affidavit or declaration of any psychiatrist,
psychologist, or other professional person who was involved in the
certification and hearing process, or any professional person
involved in the evaluation or treatment of the petitioner during the
certification process. The court may allow the affidavit or
declaration to be read and the contents thereof considered in the
rendering of a decision or verdict in any proceeding held pursuant to
subdivision (b) or (c), or subdivision (a) of Section 2972. If the
court or jury reverses the determination of the Board of
Prison Terms Parole Hearings , the court shall
stay the execution of the decision for five
30 working days to allow for an orderly release of the
prisoner. If the court or jury reverses the determination of the
Board of Parole Hearings, the Department of Corrections and
Rehabilitation, upon a determination that the individual is eligible
for release pursuant to Section 3451, shall notify the
probation department of the county of supervision of the pending
release within five working days of the court order and work with the
county of supervision to coordinate the orderly and safe release of
the prisoner.
(c) If the Board of Prison Terms Parole
Hearings continues a parolee's mental health treatment under
Section 2962 when it continues the parolee's parole under Section
3001, the procedures of this section shall only be applicable for the
purpose of determining if the parolee has a severe mental disorder,
whether the parolee's severe mental disorder is not in remission or
cannot be kept in remission without treatment, and whether by reason
of his or her severe mental disorder, the parolee represents a
substantial danger of physical harm to others.
SECTION 1. Section 3000.08 of the Penal Code,
as amended by Section 35 of Chapter 43 of the Statutes of 2012, is
amended to read:
3000.08. (a) A person 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 is subject to parole supervision by the Department
of Corrections and Rehabilitation and the jurisdiction of the court
in the county in which 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 for which the person is classified as a High Risk
Sex Offender.
(5) Any crime for which the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.
(b) A person released from state prison after serving a prison
term, or whose sentence has been deemed served pursuant to Section
2900.5, 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 pursuant to Section 2962, is
subject to parole supervision by the Department of Corrections and
Rehabilitation and the jurisdiction of the court in the county in
which the parolee is released or resides for the purpose of hearing
petitions to revoke parole and impose a term of custody.
(c) Notwithstanding any other law, all other offenders released
from prison shall be placed on postrelease supervision pursuant to
Title 2.05 (commencing with Section 3450).
(d) 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.
(e) 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. This section
does not preclude referrals to a reentry court pursuant to Section
3015.
(f) "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.
(g) 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.
(h) Confinement pursuant to paragraphs (1) and (2) of subdivision
(g) shall not exceed a period of 180 days in the county jail.
(i) Notwithstanding any other law, if 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.
(j) 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.
(k) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, are 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, are subject to the
jurisdiction of the Board of Parole Hearings.
(l) 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.
SEC. 2. Section 3451 of the Penal Code is
amended to read:
3451. (a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b), all
persons released from prison on and after October 1, 2011, or, whose
sentence has been deemed served pursuant to Section 2900.5 after
serving a prison term for a felony shall, upon release from prison
and for a period not exceeding three years immediately following
release, be subject to community supervision provided by a county
agency designated by each county's board of supervisors which is
consistent with evidence-based practices, including, but not limited
to, supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals under postrelease supervision.
(b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:
(1) A serious felony described in subdivision (c) of Section
1192.7.
(2) A violent felony 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 for which the person is classified as a High Risk
Sex Offender.
(5) Any crime for which the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.
(c) This section shall not apply to any person released from
prison who has served a previous prison term from which the person
was required, as a condition of parole, to undergo treatment by the
State Department of State Hospitals pursuant to Section 2962.
(d) (1) Postrelease supervision under this title shall be
implemented by a county agency according to a postrelease strategy
designated by each county's board of supervisors.
(2) The Department of Corrections and Rehabilitation shall inform
every prisoner subject to the provisions of this title, upon release
from state prison, of the requirements of this title and of his or
her responsibility to report to the county agency responsible for
serving that inmate. The department shall also inform persons serving
a term of parole for a felony offense who are subject to this
section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.