BILL NUMBER: AB 1901 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Muratsuchi
FEBRUARY 19, 2014
An act to amend Section 3451 of the Penal Code, relating to
postrelease community supervision.
LEGISLATIVE COUNSEL'S DIGEST
AB 1901, as introduced, Muratsuchi. Postrelease community
supervision: placement.
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 Three 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.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 a 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 postrelease
community supervision provided by a county agency designated by
each county's board of supervisors which
that 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 a
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 A crime for which the person
is classified as a high risk sex offender.
(5) Any A 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) (1) Postrelease community 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
a person subject to postrelease community
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.
(d) Any A person released to
postrelease community supervision pursuant to subdivision (a) shall,
regardless of any subsequent determination that the person should
have been released to parole pursuant to Section 3000.08, remain
subject to subdivision (a) after having served 60 days under
supervision pursuant to subdivision (a).