SB 287, as introduced, Walters. Prison: community supervision: eligibility.
Existing law, the Postrelease Community Supervision Act of 2011, requires, with exceptions, that all persons released from prison on and after October 1, 2011, shall be subject to postrelease community supervision for a period not exceeding 3 years. Existing law provides that this provision does not apply to a person released from prison after having served a prison term for a serious or violent felony, a 3rd strike violation, a crime where the person was classified as a High Risk Sex Offender, or any crime where the person is required to undergo treatment by the State Department of Mental Health as a condition of parole. Under existing law, these inmates are released to the parole supervision of the Department of Corrections and Rehabilitation.
This bill would additionally make the provisions for community supervision inapplicable to any person released from prison who has a prior conviction for a serious or violent felony, a crime for which the person received a 3rd strike, or a crime that resulted in the person being classified as a High Risk Sex Offender.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3451 of the Penal Code is amended to
2read:
(a) Notwithstanding any other law and except for persons
4serving a prison term for any crime described in subdivisionbegin delete (b),end delete
5begin insert (b) and persons who have had a prior conviction described in
6subdivision (c),end insert all persons released from prison on and after
7October 1, 2011, or, whose sentence has been deemed served
8pursuant to Section 2900.5 after serving a prison term for a felony
9shall, upon release from prison and for a period not exceeding
10three years immediately following release, be subject to community
11supervision provided by a county agency designated by each
12county’s board of supervisors which is consistent with
13evidence-based practices,
including, but not limited to, supervision
14policies, procedures, programs, and practices demonstrated by
15scientific research to reduce recidivism among individuals under
16postrelease supervision.
17(b) This section shall not apply to any person released from
18prison after having served a prison term for any of the following:
19(1) A serious felony described in subdivision (c) of Section
201192.7.
21(2) A violent felony described in subdivision (c) of Section
22667.5.
23(3) A crime for which the person was sentenced pursuant to
24paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
25of subdivision (c) of Section 1170.12.
26(4) Any crime where the person eligible for release from prison
27is
classified as a High Risk Sex Offender.
28(5) Any crime where the person is required, as a condition of
29parole, to undergo treatment by the State Department of State
30Hospitals pursuant to Section 2962.
31(c) This section shall not apply to any person released from
32prison who has a prior conviction for any of the following:
33(1) A serious felony described in subdivision (c) of Section
341192.7.
35(2) A violent felony described in subdivision (c) of Section 667.5.
end insertbegin insert
36(3) A crime for which the person was sentenced pursuant to
37paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
38of subdivision (c) of Section 1170.12.
P3 1(4) Any crime that resulted in the person’s classification as a
2
High Risk Sex Offender.
3(c)
end delete
4begin insert(end insertbegin insertd)end insert (1) Postrelease supervision under this title shall be
5implemented by a county agency according to a postrelease strategy
6designated by each county’s board of supervisors.
7(2) The Department of Corrections and Rehabilitation shall
8inform every prisoner subject to the provisions of this title, upon
9release from state prison, of the requirements of this title and of
10his or her responsibility to report to the county agency
responsible
11for serving that inmate. The department shall also inform persons
12serving a term of parole for a felony offense who are subject to
13this section of the requirements of this title and of his or her
14responsibility to report to the county agency responsible for serving
15that parolee. Thirty days prior to the release of any person subject
16to postrelease supervision by a county, the department shall notify
17the county of all information that would otherwise be required for
18parolees under subdivision (e) of Section 3003.
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