BILL NUMBER: SB 287 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 21, 2013
INTRODUCED BY Senator Walters
( Coauthor: Senator Galgiani
)
FEBRUARY 14, 2013
An act to amend Section Sections 3000.08
and 3451 of the Penal Code, relating to prisoners.
parole.
LEGISLATIVE COUNSEL'S DIGEST
SB 287, as amended, Walters. Prison: community supervision:
eligibility.
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. Existing
law requires these persons to be subject to parole supervision by the
Department of Corrections and Rehabilitation following release from
state prison and the jurisdiction of 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 any person who has a prior conviction for a serious or
violent felony, or a prior conviction for an offense for which the
person is required to register as a sex offender, to be subject to
parole supervision by the department and the jurisdiction of the
court in the county in which the parolee is released or resides.
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 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) Persons 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 shall be
, is subject to parole supervision by
the Department of Corrections and Rehabilitation and the
jurisdiction of the court in the county where
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 where for which the
person eligible for release from prison is classified as a
High Risk Sex Offender is required to register as a
sex offender pursuant to Chapter 5.5 (commencing with Section 290) of
Title 9 of Part 1 .
(5) Any crime where for which the
person is required, as a condition of parole, to undergo treatment by
the Department of Mental Health State
Department of State Hospitals pursuant to Section 2962.
(b) A person released from state prison on or after January 1,
2014, after serving a prison term, or whose sentence has been deemed
served pursuant to Section 2900.5, who has a prior conviction for any
of the following, is subject to the jurisdiction of, and 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 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 is required to register as a sex
offender pursuant to Chapter 5.5 (commencing with Section 290) of
Title 9 of Part 1.
(b)
(c) 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)
(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.
(d)
(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. Nothing in this This section
is intended to does not preclude
referrals to a reentry court pursuant to Section 3015.
(e)
(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.
(f)
(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.
(g)
(h) Confinement pursuant to paragraphs (1) and (2) of
subdivision (f) (g) shall not exceed a
period of 180 days in the county jail.
(h)
(i) Notwithstanding any other provision of
law, in any case where 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.
(i)
(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.
(j)
(k) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, shall
be 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, shall be are
subject to the jurisdiction of the Board of Parole Hearings.
(k)
(l) Except as described in subdivision (c)
(d) , 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 )
(m) This section shall become operative on July 1,
2013.
SECTION 1. 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) and
persons who have had a prior conviction described in subdivision (c),
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 for which the
person eligible for release from prison is classified as a
High Risk Sex Offender. is required to register as a
sex offender pursuant to Chapter 5.5 (commencing with Section 290) of
Title 9 of Part 1.
(5) Any crime where 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 a prior conviction 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 that resulted in the person's
classification as a High Risk Sex Offender. for which
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.
(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.