Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1334


Introduced by Assembly Member Conway

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(Coauthors: Assembly Members Bigelow, Beth Gaines, Harkey, Jones, Logue, Morrell, Nestande, and Wilk)

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February 22, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1334, as amended, Conway. 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 and the court in the county in which the parolee is released or resides.

This bill would require any person who has been released after serving a term for an offense for which the person is required to register as a sex offender to be subject to parole supervision by the Department of Corrections and Rehabilitation. The bill would also require that a person released from state prison who has a prior conviction or juvenile adjudication for which the person is required to register as a sex offender to be subject to parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county in which the person is released or resides.

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) A person released from state prison prior to or
5on or after July 1, 2013, after serving a prison term, or whose
6sentence has been deemed served pursuant to Section 2900.5, for
7any of the following crimes is subject to parole supervision by the
8Department of Corrections and Rehabilitation and the jurisdiction
9of the court in the county in which the parolee is released or resides
10for the purpose of hearing petitions to revoke parole and impose
11a 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 crime for which the person is required to register as a
20sex offender pursuant to Chapter 5.5 (commencing with Section
21290) of Title 9 of Part 1.

22(5) Any crime for which the person is required, as a condition
23of parole, to undergo treatment by the State Department of State
24Hospitals pursuant to Section 2962.

25(b) A person released from state prison after serving a prison
26term, or whose sentence has been deemed served pursuant to
27Section 2900.5, who has a prior conviction or juvenile adjudication
28for which the person is required to register as a sex offender
29pursuant to Chapter 5.5 (commencing with Section 290) of Title
309 of Part 1, is subject to parole supervision by the Department of
31Corrections and Rehabilitation and the jurisdiction of the court in
P3    1the county in which the parolee is released or resides for the
2purpose of hearing petitions to revoke parole and impose a term
3of custody.

4(c) Notwithstanding any other law, all other offenders released
5from prison shall be placed on postrelease supervision pursuant
6to Title 2.05 (commencing with Section 3450).

7(d) At any time during the period of parole of a person subject
8to this section, if any parole agent or peace officer has probable
9cause to believe that the parolee is violating any term or condition
10of his or her parole, the agent or officer may, without warrant or
11other process and at any time until the final disposition of the case,
12arrest the person and bring him or her before the court, or the court
13may, in its discretion, issue a warrant for that person’s arrest
14pursuant to Section 1203.2.

15(e) Upon review of the alleged violation and a finding of good
16cause that the parolee has committed a violation of law or violated
17his or her conditions of parole, the supervising parole agency may
18impose additional and appropriate conditions of supervision,
19including rehabilitation and treatment services and appropriate
20incentives for compliance, and impose immediate, structured, and
21intermediate sanctions for parole violations, including flash
22incarceration in a county jail. Periods of “flash incarceration,” as
23defined in subdivision (e) are encouraged as one method of
24punishment for violations of a parolee’s conditions of parole. This
25section does not preclude referrals to a reentry court pursuant to
26Section 3015.

27(f) “Flash incarceration” is a period of detention in county jail
28due to a violation of a parolee’s conditions of parole. The length
29of the detention period can range between one and 10 consecutive
30days. Shorter, but if necessary more frequent, periods of detention
31for violations of a parolee’s conditions of parole shall appropriately
32punish a parolee while preventing the disruption in a work or home
33establishment that typically arises from longer periods of detention.

34(g) If the supervising parole agency has determined, following
35application of its assessment processes, that intermediate sanctions
36up to and including flash incarceration are not appropriate, the
37supervising parole agency shall, pursuant to Section 1203.2,
38petition the court in the county in which the parolee is being
39supervised to revoke parole. At any point during the process
40initiated pursuant to this section, a parolee may waive, in writing,
P4    1his or her right to counsel, admit the parole violation, waive a court
2hearing, and accept the proposed parole modification or revocation.
3The petition shall include a written report that contains additional
4information regarding the petition, including the relevant terms
5and conditions of parole, the circumstances of the alleged
6underlying violation, the history and background of the parolee,
7and any recommendations. The Judicial Council shall adopt forms
8and rules of court to establish uniform statewide procedures to
9implement this subdivision, including the minimum contents of
10supervision agency reports. Upon a finding that the person has
11violated the conditions of parole, the court shall have authority to
12do any of the following:

13(1) Return the person to parole supervision with modifications
14of conditions, if appropriate, including a period of incarceration
15in county jail.

16(2) Revoke parole and order the person to confinement in the
17county jail.

18(3) Refer the person to a reentry court pursuant to Section 3015
19or other evidence-based program in the court’s discretion.

20(h) Confinement pursuant to paragraphs (1) and (2) of
21subdivision (g) shall not exceed a period of 180 days in the county
22jail.

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

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

37(1) The person is required to register as a sex offender pursuant
38to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
391, 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.

6(k) Parolees subject to this section who have a pending
7adjudication for a parole violation on July 1, 2013, are subject to
8the jurisdiction of the Board of Parole Hearings. Parole revocation
9proceedings conducted by the Board of Parole Hearings prior to
10July 1, 2013, if reopened on or after July 1, 2013, are subject to
11the jurisdiction of the Board of Parole Hearings.

12(l) Except as described in subdivision (c), any person who is
13convicted of a felony that requires community supervision and
14who still has a period of state parole to serve shall discharge from
15state parole at the time of release to community supervision.

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SEC. 2.  

Section 3451 of the Penal Code is amended to read:

17

3451.  

(a) Notwithstanding any other law and except for persons
18serving a prison term for any crime described in subdivision (b),
19all persons released from prison on and after October 1, 2011, or,
20whose sentence has been deemed served pursuant to Section 2900.5
21after serving a prison term for a felony shall, upon release from
22prison and for a period not exceeding three years immediately
23following release, be subject to community supervision provided
24by a county agency designated by each county’s board of
25supervisorsbegin delete whichend deletebegin insert thatend insert is consistent with evidence-based practices,
26including, but not limited to, supervision policies, procedures,
27programs, and practices demonstrated by scientific research to
28reduce recidivism among individuals under postrelease supervision.

29(b) This section shall not apply to any person released from
30prison after having served a prison term for any of the following:

31(1) A serious felony described in subdivision (c) of Section
321192.7.

33(2) A violent felony described in subdivision (c) of Section
34667.5.

35(3) A crime for which the person was sentenced pursuant to
36paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
37of subdivision (c) of Section 1170.12.

38(4) Any crime for which the person is required to register as a
39sex offender pursuant to Chapter 5.5 (commencing with Section
40290) of Title 9 of Part 1.

P6    1(5) Any crime for which the person is required, as a condition
2of parole, to undergo treatment by the State Department of State
3Hospitals pursuant to Section 2962.

4(c) This section shall not apply to any person released from
5prison who has prior conviction or juvenile adjudication for which
6the person required to register as a sex offender pursuant to Chapter
75.5 (commencing with Section 290) of Title 9 of Part 1.

8(d) (1) Postrelease supervision under this title shall be
9implemented by a county agency according to a postrelease strategy
10designated by each county’s board of supervisors.

11(2) The Department of Corrections and Rehabilitation shall
12inform every prisoner subject to the provisions of this title, upon
13release from state prison, of the requirements of this title and of
14his or her responsibility to report to the county agency responsible
15for serving that inmate. The department shall also inform persons
16serving a term of parole for a felony offense who are subject to
17this section of the requirements of this title and of his or her
18responsibility to report to the county agency responsible for serving
19that parolee. Thirty days prior to the release of any person subject
20to postrelease supervision by a county, the department shall notify
21the county of all information that would otherwise be required for
22parolees under subdivision (e) of Section 3003.



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