Amended in Senate April 11, 2013

Amended in Senate March 21, 2013

Senate Bill No. 287

Introduced by Senator Walters

(Coauthor: Senator Galgiani)

February 14, 2013

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

begin delete 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. end delete The bill would begin delete also end delete begin insert additionally end insert require any person who has a prior conviction for a serious or violent felony, begin delete or end delete a prior conviction for an offense for which the person begin delete is required to register as a sex offender, end delete begin insert was classified as a High Risk Sex Offender at the time he or she was eligible for release from prison, or a conviction for an offense for which the person was required, as a condition of parole, to undergo treatment by the State Department of State Hospitals, end insert 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.

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) 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, is subject to 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 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 for which the person begin delete is required to register as a
sex offender pursuant to Chapter 5.5 (commencing with Section
290) of Title 9 of Part 1. end delete begin insert eligible for release from prison is
classified as a High Risk Sex Offender. end insert

(5) Any 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.

(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)  begin delete A end delete begin insert Any end insert crime for which the person begin delete is required to register as
a sex offender pursuant to Chapter 5.5 (commencing with Section
290) of Title 9 of Part 1. end delete begin insert was classified as a High Risk Sex Offender
at the time he or she was eligible for release from prison. end insert

begin insert

(4) Any crime for which the person was required, as a condition
of parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.

end insert

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

(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.

(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. This
section does not preclude referrals to a reentry court pursuant to
Section 3015.

(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.

(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.

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

(i) Notwithstanding any other law, 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.

(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.

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

(l) Except as described in subdivision (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.

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

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

(5) Any 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) 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.

begin delete

(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.

end delete begin delete

(4)

end delete

begin insert (3) end insert  Any crime for which the person begin delete is required to register as a
sex offender pursuant to Chapter 5.5 (commencing with Section
290) of Title 9 of Part 1. end delete begin insert was classified as a High Risk Sex Offender
at the time he or she was eligible for release from prison. end insert

begin insert

(4) Any crime for which the person was required, as a condition
of parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.

end insert

(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.