BILL NUMBER: SB 287 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 11, 2013
AMENDED IN SENATE MARCH 21, 2013
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.
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 additionally 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,
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,
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 is required to
register as a sex offender pursuant to Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1. eligible for
release from prison is classified as a High Risk Sex Offender.
(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) A Any 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.
was classified as a High Risk Sex Offender at the time
he or she was eligible for release from prison.
(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.
(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 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. where the person
eligible for release from prison is classified as a High Risk Sex
Offender.
(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.
(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)
(3) Any 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. was classified
as a High Risk Sex Offender at the time he or she was eligible for
release from prison.
(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.
(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.