Senate Bill No. 226

Introduced by Senator Emmerson

February 11, 2013

An act to amend Sections 1170, 3000.08, and 3451 of, and to add Section 1170.95 to, the Penal Code, relating to mentally disordered defendants.

LEGISLATIVE COUNSEL’S DIGEST

SB 226, as introduced, Emmerson. Defendants: severe mental disorder: incarceration in state prison.

Existing law requires that certain specified felonies be punished by imprisonment in a county jail for the term specified in the underlying offense or for 16 months, or 2 or 3 years. Existing law requires that a prisoner who has a severe mental disorder, and whose severe mental disorder was one of the causes or was an aggravating factor in the prisoner’s criminal activity, receive treatment by the State Department of State Hospitals as a condition of parole.

This bill would require a court, upon conviction of a defendant for certain specified offenses involving force or serious bodily injury, or involving the threat of force or violence likely to produce substantial physical harm, that is punishable as a felony by imprisonment in a county jail, if the court has reason to believe the defendant has a severe mental disorder, to suspend the imposition of the sentence and transport the defendant to the Department of Corrections and Rehabilitation for evaluation to determine whether the defendant has a severe mental disorder and whether the severe mental disorder was an aggravating factor in the prisoner’s criminal behavior, as provided. If the initial evaluation determines the defendant has a severe mental disorder, as specified, the bill would require the court to impose a sentence for the term described in the underlying offense to be served in the state prison, and would provide that the defendant be subject to parole upon completion of the sentence. If the initial evaluation determines the defendant does not have a severe mental disorder, as provided, the bill would require the defendant to be returned to court for sentencing to imprisonment in a county jail. The bill would make conforming changes.

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 1170 of the Penal Code, as amended by
Section 2 of Chapter 828 of the Statutes of 2012, is amended to
read:

1170.  

(a) (1) The Legislature finds and declares that the
purpose of imprisonment for crime is punishment. This purpose
is best served by terms proportionate to the seriousness of the
offense with provision for uniformity in the sentences of offenders
committing the same offense under similar circumstances. The
Legislature further finds and declares that the elimination of
disparity and the provision of uniformity of sentences can best be
achieved by determinate sentences fixed by statute in proportion
to the seriousness of the offense as determined by the Legislature
to be imposed by the court with specified discretion.

(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow
him or her adequate time to complete the program.

(3) In any case in which the punishment prescribed by statute
for a person convicted of a public offense is a term of imprisonment
in the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any
other disposition provided by law, including a fine, jail, probation,
or the suspension of imposition or execution of sentence or is
sentenced pursuant to subdivision (b) of Section 1168 because he
or she had committed his or her crime prior to July 1, 1977. In
sentencing the convicted person, the court shall apply the
sentencing rules of the Judicial Council. The court, unless it
determines that there are circumstances in mitigation of the
punishment prescribed, shall also impose any other term that it is
required by law to impose as an additional term. Nothing in this
article shall affect any provision of law that imposes the death
penalty, that authorizes or restricts the granting of probation or
suspending the execution or imposition of sentence, or expressly
provides for imprisonment in the state prison for life, except as
provided in paragraph (2) of subdivision (d). In any case in which
the amount of preimprisonment credit under Section 2900.5 or any
other provision of law is equal to or exceeds any sentence imposed
pursuant to this chapter, the entire sentence shall be deemed to
have been served and the defendant shall not be actually delivered
to the custody of the secretary. The court shall advise the defendant
that he or she shall serve a period of parole and order the defendant
to report to the parole office closest to the defendant’s last legal
residence, unless the in-custody credits equal the total sentence,
including both confinement time and the period of parole. The
sentence shall be deemed a separate prior prison term under Section
667.5, and a copy of the judgment and other necessary
documentation shall be forwarded to the secretary.

(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit
a statement in aggravation or mitigation to dispute facts in the
record or the probation officer’s report, or to present additional
facts. In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer’s report, other reports,
including reports received pursuant to Section 1203.03, and
statements in aggravation or mitigation submitted by the
prosecution, the defendant, or the victim, or the family of the victim
if the victim is deceased, and any further evidence introduced at
the sentencing hearing. The court shall set forth on the record the
facts and reasons for imposing the upper or lower term. The court
may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision
of law. A term of imprisonment shall not be specified if imposition
of sentence is suspended.

(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform
the defendant that as part of the sentence after expiration of the
term he or she may be on parole for a period as provided in Section
3000.

(d) (1) When a defendant subject to this section or subdivision
(b) of Section 1168 has been sentenced to be imprisoned in the
state prison and has been committed to the custody of the secretary,
the court may, within 120 days of the date of commitment on its
own motion, or at any time upon the recommendation of the
secretary or the Board of Parole Hearings, recall the sentence and
commitment previously ordered and resentence the defendant in
the same manner as if he or she had not previously been sentenced,
provided the new sentence, if any, is no greater than the initial
sentence. The court resentencing under this subdivision shall apply
the sentencing rules of the Judicial Council so as to eliminate
disparity of sentences and to promote uniformity of sentencing.
Credit shall be given for time served.

(2) (A) (i) When a defendant who was under 18 years of age
at the time of the commission of the offense for which the
defendant was sentenced to imprisonment for life without the
possibility of parole has served at least 15 years of that sentence,
the defendant may submit to the sentencing court a petition for
recall and resentencing.

(ii) Notwithstanding clause (i), this paragraph shall not apply
to defendants sentenced to life without parole for an offense where
the defendant tortured, as described in Section 206, his or her
victim or the victim was a public safety official, including any law
enforcement personnel mentioned in Chapter 4.5 (commencing
with Section 830) of Title 3, or any firefighter as described in
Section 245.1, as well as any other officer in any segment of law
enforcement who is employed by the federal government, the state,
or any of its political subdivisions.

(B) The defendant shall file the original petition with the
sentencing court. A copy of the petition shall be served on the
agency that prosecuted the case. The petition shall include the
defendant’s statement that he or she was under 18 years of age at
the time of the crime and was sentenced to life in prison without
the possibility of parole, the defendant’s statement describing his
or her remorse and work towards rehabilitation, and the defendant’s
statement that one of the following is true:

(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.

(ii) The defendant does not have juvenile felony adjudications
for assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.

(iii) The defendant committed the offense with at least one adult
codefendant.

(iv) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but not
limited to, availing himself or herself of rehabilitative, educational,
or vocational programs, if those programs have been available at
his or her classification level and facility, using self-study for
self-improvement, or showing evidence of remorse.

(C) If any of the information required in subparagraph (B) is
missing from the petition, or if proof of service on the prosecuting
agency is not provided, the court shall return the petition to the
defendant and advise the defendant that the matter cannot be
considered without the missing information.

(D) A reply to the petition, if any, shall be filed with the court
within 60 days of the date on which the prosecuting agency was
served with the petition, unless a continuance is granted for good
cause.

(E) If the court finds by a preponderance of the evidence that
the statements in the petition are true, the court shall hold a hearing
to consider whether to recall the sentence and commitment
previously ordered and to resentence the defendant in the same
manner as if the defendant had not previously been sentenced,
provided that the new sentence, if any, is not greater than the initial
sentence. Victims, or victim family members if the victim is
deceased, shall retain the rights to participate in the hearing.

(F) The factors that the court may consider when determining
whether to recall and resentence include, but are not limited to,
the following:

(i) The defendant was convicted pursuant to felony murder or
aiding and abetting murder provisions of law.

(ii) The defendant does not have juvenile felony adjudications
for assault or other felony crimes with a significant potential for
personal harm to victims prior to the offense for which the sentence
is being considered for recall.

(iii) The defendant committed the offense with at least one adult
codefendant.

(iv) Prior to the offense for which the sentence is being
considered for recall, the defendant had insufficient adult support
or supervision and had suffered from psychological or physical
trauma, or significant stress.

(v) The defendant suffers from cognitive limitations due to
mental illness, developmental disabilities, or other factors that did
not constitute a defense, but influenced the defendant’s
involvement in the offense.

(vi) The defendant has performed acts that tend to indicate
rehabilitation or the potential for rehabilitation, including, but not
limited to, availing himself or herself of rehabilitative, educational,
or vocational programs, if those programs have been available at
his or her classification level and facility, using self-study for
self-improvement, or showing evidence of remorse.

(vii) The defendant has maintained family ties or connections
with others through letter writing, calls, or visits, or has eliminated
contact with individuals outside of prison who are currently
involved with crime.

(viii) The defendant has had no disciplinary actions for violent
activities in the last five years in which the defendant was
determined to be the aggressor.

(G) The court shall have the discretion to recall the sentence
and commitment previously ordered and to resentence the
defendant in the same manner as if the defendant had not
previously been sentenced, provided that the new sentence, if any,
is not greater than the initial sentence. The discretion of the court
shall be exercised in consideration of the criteria in subparagraph
(B). Victims, or victim family members if the victim is deceased,
shall be notified of the resentencing hearing and shall retain their
rights to participate in the hearing.

(H) If the sentence is not recalled, the defendant may submit
another petition for recall and resentencing to the sentencing court
when the defendant has been committed to the custody of the
department for at least 20 years. If recall and resentencing is not
granted under that petition, the defendant may file another petition
after having served 24 years. The final petition may be submitted,
and the response to that petition shall be determined, during the
25th year of the defendant’s sentence.

(I) In addition to the criteria in subparagraph (F), the court may
consider any other criteria that the court deems relevant to its
decision, so long as the court identifies them on the record,
provides a statement of reasons for adopting them, and states why
the defendant does or does not satisfy the criteria.

(J) This subdivision shall have retroactive application.

(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner’s sentence be recalled.

(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:

(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within
six months, as determined by a physician employed by the
department.

(B) The conditions under which the prisoner would be released
or receive treatment do not pose a threat to public safety.

(C) The prisoner is permanently medically incapacitated with
a medical condition that renders him or her permanently unable
to perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to
this subdivision before making a recommendation for resentence
or recall to the court. This subdivision does not apply to a prisoner
sentenced to death or a term of life without the possibility of parole.

(3) Within 10 days of receipt of a positive recommendation by
the secretary or the board, the court shall hold a hearing to consider
whether the prisoner’s sentence should be recalled.

(4) Any physician employed by the department who determines
that a prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden.
Within 48 hours of receiving notification, the warden or the
warden’s representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified
as to the prisoner’s medical condition and prognosis, and as to the
recall and resentencing procedures. If the inmate is deemed
mentally unfit, the warden or the warden’s representative shall
contact the inmate’s emergency contact and provide the information
described in paragraph (2).

(5) The warden or the warden’s representative shall provide the
prisoner and his or her family member, agent, or emergency
contact, as described in paragraph (4), updated information
throughout the recall and resentencing process with regard to the
prisoner’s medical condition and the status of the prisoner’s recall
and resentencing proceedings.

(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may
independently request consideration for recall and resentencing
by contacting the chief medical officer at the prison or the
secretary. Upon receipt of the request, the chief medical officer
and the warden or the warden’s representative shall follow the
procedures described in paragraph (4). If the secretary determines
that the prisoner satisfies the criteria set forth in paragraph (2), the
secretary or board may recommend to the court that the prisoner’s
sentence be recalled. The secretary shall submit a recommendation
for release within 30 days in the case of inmates sentenced to
determinate terms and, in the case of inmates sentenced to
indeterminate terms, the secretary shall make a recommendation
to the Board of Parole Hearings with respect to the inmates who
have applied under this section. The board shall consider this
information and make an independent judgment pursuant to
paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.

(7) Any recommendation for recall submitted to the court by
the secretary or the Board of Parole Hearings shall include one or
more medical evaluations, a postrelease plan, and findings pursuant
to paragraph (2).

(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.

(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours
of receipt of the court’s order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden’s
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary,
full medical records, state identification, parole medications, and
all property belonging to the prisoner. After discharge, any
additional records shall be sent to the prisoner’s forwarding
address.

(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who
is given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.

(f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any allegation that
a defendant is eligible for state prison due to a prior or current
conviction, sentence enhancement, or because he or she is required
to register as a sex offender shall not be subject to dismissal
pursuant to Section 1385.

(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.

(h) (1) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment
in a county jail for 16 months, or two or three years.

(2) Except as provided in paragraph (3), a felony punishable
pursuant to this subdivision shall be punishable by imprisonment
in a county jail for the term described in the underlying offense.

(3) Notwithstanding paragraphs (1) and (2), where the defendant
(A) has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7 or a prior or current
conviction for a violent felony described in subdivision (c) of
Section 667.5, (B) has a prior felony conviction in another
jurisdiction for an offense that has all the elements of a serious
felony described in subdivision (c) of Section 1192.7 or a violent
felony described in subdivision (c) of Section 667.5, (C) is required
to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1, begin delete or end delete (D) is convicted of a crime
and as part of the sentence an enhancement pursuant to Section
186.11 is imposed, begin insert or (E) is determined to have a severe mental
disorder pursuant to Section 1170.95, end insert an executed sentence for a
felony punishable pursuant to this subdivision shall be served in
state prison.

(4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.

(5) The court, when imposing a sentence pursuant to paragraph
(1) or (2) of this subdivision, may commit the defendant to county
jail as follows:

(A) For a full term in custody as determined in accordance with
the applicable sentencing law.

(B) (i) For a term as determined in accordance with the
applicable sentencing law, but suspend execution of a concluding
portion of the term selected in the court’s discretion, during which
time the defendant shall be supervised by the county probation
officer in accordance with the terms, conditions, and procedures
generally applicable to persons placed on probation, for the
remaining unserved portion of the sentence imposed by the court.
The period of supervision shall be mandatory, and may not be
earlier terminated except by court order. Any proceeding to revoke
or modify mandatory supervision under this subparagraph shall
be conducted pursuant to either subdivisions (a) and (b) of Section
1203.2 or Section 1203.3. During the period when the defendant
is under such supervision, unless in actual custody related to the
sentence imposed by the court, the defendant shall be entitled to
only actual time credit against the term of imprisonment imposed
by the court. Any time period which is suspended because a person
has absconded shall not be credited toward the period of
supervision.

(ii) The portion of a defendant’s sentenced term during which
time he or she is supervised by the county probation officer
pursuant to this subparagraph shall be known as mandatory
supervision.

(6) The sentencing changes made by the act that added this
subdivision shall be applied prospectively to any person sentenced
on or after October 1, 2011.

(i) This section shall become operative on January 1, 2014.

SEC. 2.  

Section 1170.95 is added to the Penal Code, to read:

1170.95.  

(a) Upon conviction of a defendant for any felony
offense specified in subparagraph (P) or (Q) of paragraph (2) of
subdivision (e) of Section 2962 that is punishable by imprisonment
in a county jail pursuant to subdivision (h) of Section 1170, if the
court has reason to believe that the person has a severe mental
disorder, as defined in subdivision (a) of Section 2962, the court
shall suspend the imposition of the sentence and transport the
defendant to the Department of Corrections and Rehabilitation for
evaluation pursuant to subdivision (b).

(b) Within 90 days of receiving a defendant for evaluation
pursuant to subdivision (a), a psychiatrist from the department
shall evaluate the defendant to determine whether he or she has a
severe mental disorder, that the disorder is not in remission, or
cannot be kept in remission without treatment, that the severe
mental disorder was one of the causes or was an aggravating factor
in the prisoner’s criminal behavior, and that by reason of his or
her severe mental disorder the prisoner represents a substantial
danger of physical harm to others. The department shall report its
findings to the sentencing court in writing.

(c) If the initial evaluation determines that the defendant has a
severe mental disorder as provided in subdivision (b), the court
shall impose a sentence for the term described in the underlying
offense to be served in the state prison pursuant to paragraph (3)
of subdivision (h) of Section 1170. Upon completion of the
sentence the defendant shall be subject to parole as specified in
paragraph (2) of subdivision (b) of Section 3000.

(d) If the initial evaluation determines that the defendant does
not have a severe mental disorder as provided in subdivision (b),
the department shall return the defendant to the court for sentencing
pursuant to subdivision (h) of Section 1170.

SEC. 3.  

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) Persons 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 shall be subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction
of the court in the county where 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 where the person eligible for release from prison
is classified as a High Risk Sex Offender.

(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.

begin insert

(6) Any crime for which the person was evaluated and found to
have a severe mental disorder pursuant to Section 1170.95.

end insert

(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section
3450).

(c) 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.

(d) 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.
Nothing in this section is intended to preclude referrals to a reentry
court pursuant to Section 3015.

(e) “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.

(f) 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.

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

(h) Notwithstanding any other provision of law, in any case
where 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.

(i) 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.

(j) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, shall be 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, shall be
subject to the jurisdiction of the Board of Parole Hearings.

(k) 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.

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

SEC. 4.  

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 where the person eligible for release from prison
is classified as a High Risk Sex Offender.

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

begin insert

(6) Any crime for which the person was evaluated and found to
have a severe mental disorder pursuant to Section 1170.95.

end insert

(c) (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.