Senate BillNo. 710


Introduced by Senator Nielsen

February 22, 2013


An act to amend Sections 3000, 3000.08, 3044, and 3451 of, and to add Sections 3064.5 and 3069.7 to, the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

SB 710, as introduced, Nielsen. Parole.

(1) 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.

This bill would require all offenders released from prison on and after January 1, 2014, to be subject to parole supervision by the Department of Corrections and Rehabilitation and the Board of Parole Hearings for a minimum period of 3 years. The bill would require the board to have exclusive jurisdiction over the supervision and revocation of parole of all inmates upon their release from prison. For crimes committed on or after January 1, 2014, the bill would set the period of parole not to exceed 5 years and not less than 3 years in the case of an inmate imprisoned for any offense other than first or 2nd degree murder for which the inmate has received a life sentence, and would set a parole period not to exceed 4 years and not less than 3 years in the case of any other inmate. The bill would prohibit a person from being discharged from parole without first completing 12 consecutive months of supervision without a parole violation or arrest on new criminal charges, and would provide that no person may be discharged from parole while incarcerated or if his or her whereabouts are unknown. The bill would make the provisions on postrelease supervision applicable only to persons released from prison prior to January 1, 2014. The bill would make conforming changes.

The bill would require the Department of Corrections and Rehabilitation to develop a minimum of 3 parole violator adjustment and rehabilitation facilities. The bill would require that parolees who violate the conditions of parole shall be sentenced to up to one year in a facility. For violations that are drug related, but do not involve an offense that could be charged as a violent or serious crime or that would require registration as a sex offender, the bill would require the violation to be served in a facility for at least 6 months. All other parole violations would result in the parolee serving the rest of his or her term in the facility on revoked status. The bill would require a treatment and programming plan to be developed for each parole violator.

(2) Existing law, the Victims’ Bill of Rights Act of 2008: Marsy’s Law, as added by Proposition 9 at the November 4, 2008, statewide general election, provides that the Board of Parole Hearings or its successor in interest shall be the state’s parole authority and shall be responsible for protecting victims’ rights in the parole process. Existing law requires the board to enjoy sufficient autonomy to conduct unbiased hearings and maintain an independent legal and administrative staff. Proposition 9 provides that the Legislature may amend its provisions by a majority vote to expand the scope of their application, to recognize additional rights of victims of crime, or to further the rights of victims of crime.

This bill would also require the board to enjoy sufficient autonomy to protect the rights of crime victims.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 3000 of the Penal Code is amended to
2read:

P3    1

3000.  

(a) (1) The Legislature finds and declares that the period
2immediately following incarceration is critical to successful
3reintegration of the offender into society and to positive citizenship.
4It is in the interest of public safety for the state to provide for the
5effective supervision of and surveillance of parolees, including
6the judicious use of revocation actions, and to provide educational,
7vocational, family and personal counseling necessary to assist
8parolees in the transition between imprisonment and discharge. A
9sentence resulting in imprisonment in the state prison pursuant to
10Section 1168 or 1170 shall include a period of parole supervision
11or postrelease community supervision, unless waived, or as
12otherwise provided in this article.

13(2) The Legislature finds and declares that it is not the intent of
14this section to diminish resources allocated to the Department of
15Corrections and Rehabilitation for parole functions for which the
16department is responsible. It is also not the intent of this section
17to diminish the resources allocated to the Board of Parole Hearings
18to execute its duties with respect to parole functions for which the
19board is responsible.

20(3) The Legislature finds and declares that diligent effort must
21be made to ensure that parolees are held accountable for their
22criminal behavior, including, but not limited to, the satisfaction of
23restitution fines and orders.

24(4) For any person subject to a sexually violent predator
25proceeding pursuant to Article 4 (commencing with Section 6600)
26of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
27Code, an order issued by a judge pursuant to Section 6601.5 of the
28Welfare and Institutions Code, finding that the petition, on its face,
29supports a finding of probable cause to believe that the individual
30named in the petition is likely to engage in sexually violent
31predatory criminal behavior upon his or her release, shall toll the
32period of parole of that person, from the date that person is released
33by the Department of Corrections and Rehabilitation as follows:

34(A) If the person is committed to the State Department of Mental
35Health as a sexually violent predator and subsequently a court
36orders that the person be unconditionally discharged, the parole
37period shall be tolled until the date the judge enters the order
38unconditionally discharging that person.

39(B) If the person is not committed to the State Department of
40Mental Health as a sexually violent predator, the tolling of the
P4    1parole period shall be abrogated and the parole period shall be
2deemed to have commenced on the date of release from the
3Department of Corrections and Rehabilitation.

4(5) Paragraph (4) applies to persons released by the Department
5of Corrections and Rehabilitation on or after January 1, 2012.
6Persons released by the Department of Corrections and
7Rehabilitation prior to January 1, 2012, shall continue to be subject
8to the law governing the tolling of parole in effect on December
931, 2011.

10(b) Notwithstanding any provision to the contrary in Article 3
11(commencing with Section 3040) of this chapter, the following
12shall apply to any inmate subject to Section 3000.08:

13(1) begin insert(A)end insertbegin insertend insertIn the case of any inmate sentenced under Section 1168
14for a crime committed prior to July 1, 2013, the period of parole
15shall not exceed five years in the case of an inmate imprisoned for
16any offense other than first or second degree murder for which the
17inmate has received a life sentence, and shall not exceed three
18years in the case of any other inmate, unless in either case the
19Board of Parole Hearings for good cause waives parole and
20discharges the inmate from custody of the department. This
21subdivision shall also be applicable to inmates who committed
22crimes prior to July 1, 1977, to the extent specified in Section
231170.2. In the case of any inmate sentenced under Section 1168
24for a crime committed on or after July 1, 2013, the period of parole
25shall not exceed five years in the case of an inmate imprisoned for
26any offense other than first or second degree murder for which the
27inmate has received a life sentence, and shall not exceed three
28years in the case of any other inmate, unless in either case the
29department for good cause waives parole and discharges the inmate
30from custody of the department.

begin insert

31(B) In the case of any inmate sentenced under Section 1168 for
32a crime committed on or after January 1, 2014, the period of
33parole, except as provided in Section 3064.5, shall not exceed five
34years and shall not be less than three years in the case of an inmate
35imprisoned for any offense other than first or second degree murder
36for which the inmate has received a life sentence, and, except as
37provided in Section 3064.5, shall not exceed four years, or be less
38than three years, in the case of any other inmate.

end insert

39(2) (A) begin insert(i)end insertbegin insertend insertFor a crime committed prior to July 1, 2013, at the
40expiration of a term of imprisonment of one year and one day, or
P5    1a term of imprisonment imposed pursuant to Section 1170 or at
2the expiration of a term reduced pursuant to Section 2931 or 2933,
3if applicable, the inmate shall be released on parole for a period
4not exceeding three years, except that any inmate sentenced for
5an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of
6subdivision (c) of Section 667.5 shall be released on parole for a
7period not exceeding 10 years, unless a longer period of parole is
8specified in Section 3000.1.

begin insert

9(ii) Except as provided in Section 3064.5, for a crime committed
10on or after January 1, 2014, at the expiration of a term of
11imprisonment of one year and one day, or a term of imprisonment
12imposed pursuant to Section 1170 or at the expiration of a term
13reduced pursuant to Section 2931 or 2933, if applicable, the inmate
14shall be released on parole for a period not exceeding four years
15and not less than three years, except that any inmate sentenced
16for an offense specified in paragraph (3), (4), (5), (6), (11), or (18)
17of subdivision (c) of Section 667.5 shall be released on parole for
18a period not exceeding 10 years, unless a longer period of parole
19is specified in Section 3000.1.

end insert

20(B) For a crime committed on or after July 1, 2013begin insert, and prior
21to January 1, 2014end insert
, at the expiration of a term of imprisonment of
22one year and one day, or a term of imprisonment imposed pursuant
23to Section 1170 or at the expiration of a term reduced pursuant to
24Section 2931 or 2933, if applicable, the inmate shall be released
25on parole for a period of three years, except that any inmate
26sentenced for an offense specified in paragraph (3), (4), (5), (6),
27(11), or (18) of subdivision (c) of Section 667.5 shall be released
28on parole for a period of 10 years, unless a longer period of parole
29is specified in Section 3000.1.

30(3) Notwithstanding paragraphs (1) and (2), in the case of any
31offense for which the inmate has received a life sentence pursuant
32to subdivision (b) of Section 209, with the intent to commit a
33specified sex offense, or Section 667.51, 667.61, or 667.71, the
34period of parole shall be 10 years, unless a longer period of parole
35is specified in Section 3000.1.

36(4) (A) Notwithstanding paragraphs (1) to (3), inclusive, in the
37case of a person convicted of and required to register as a sex
38offender for the commission of an offense specified in Section
39261, 262, 264.1, 286, 288a, paragraph (1) of subdivision (b) of
40Section 288, Section 288.5, or 289, in which one or more of the
P6    1victims of the offense was a child under 14 years of age, the period
2of parole shall be 20 years and six months unless the board, for
3good cause, determines that the person will be retained on parole.
4The board shall make a written record of this determination and
5transmit a copy of it to the parolee.

6(B) In the event of a retention on parole, the parolee shall be
7entitled to a review by the board each year thereafter.

8(C) There shall be a board hearing consistent with the procedures
9set forth in Sections 3041.5 and 3041.7 within 12 months of the
10date of any revocation of parole to consider the release of the
11inmate on parole, and notwithstanding the provisions of paragraph
12(3) of subdivision (b) of Section 3041.5, there shall be annual
13parole consideration hearings thereafter, unless the person is
14released or otherwise ineligible for parole release. The panel or
15board shall release the person within one year of the date of the
16revocation unless it determines that the circumstances and gravity
17of the parole violation are such that consideration of the public
18safety requires a more lengthy period of incarceration or unless
19there is a new prison commitment following a conviction.

20(D) The provisions of Section 3042 shall not apply to any
21hearing held pursuant to this subdivision.

22(5) (A) The Board of Parole Hearings shall consider the request
23of any inmate whose commitment offense occurred prior to July
241, 2013begin insert, or on and after January 1, 2014end insert, regarding the length of
25his or her parole and the conditions thereof.

26(B) For an inmate whose commitment offense occurred on or
27 after July 1, 2013begin insert, and before January 1, 2014end insert, except for those
28inmates described in Section 3000.1, the department shall consider
29the request of the inmate regarding the length of his or her parole
30and the conditions thereof. For those inmates described in Section
313000.1, the Board of Parole Hearings shall consider the request of
32the inmate regarding the length of his or her parole and the
33conditions thereof.

34(6) Upon successful completion of parole, or at the end of the
35maximum statutory period of parole specified for the inmate under
36paragraph (1), (2), (3), or (4), as the case may be, whichever is
37earlier, the inmate shall be discharged from custody. The date of
38the maximum statutory period of parole under this subdivision and
39paragraphs (1), (2), (3), and (4) shall be computed from the date
40of initial parole and shall be a period chronologically determined.
P7    1Time during which parole is suspended because the prisoner has
2absconded or has been returned to custody as a parole violator
3shall not be credited toward any period of parole unless the prisoner
4is found not guilty of the parole violation. However, the period of
5parole is subject to the following:

6(A) Except as provided inbegin delete Sectionend deletebegin insert Sectionsend insert 3064begin insert and 3064.5end insert,
7in no case may a prisoner subject to three years on parole be
8retained under parole supervision or in custody for a period longer
9than four years from the date of his or her initial parole.

10(B) Except as provided inbegin delete Sectionend deletebegin insert Sectionsend insert 3064begin insert and 3064.5end insert,
11in no case may a prisoner subject to five years on parole be retained
12under parole supervision or in custody for a period longer than
13seven years from the date of his or her initial parole.

14(C) Except as provided inbegin delete Sectionend deletebegin insert Sectionsend insert 3064begin insert and 3064.5end insert,
15in no case may a prisoner subject to 10 years on parole be retained
16under parole supervision or in custody for a period longer than 15
17years from the date of his or her initial parole.

18(7) The Department of Corrections and Rehabilitation shall meet
19with each inmate at least 30 days prior to his or her good time
20release date and shall provide, under guidelines specified by the
21parole authority or the department, whichever is applicable, the
22conditions of parole and the length of parole up to the maximum
23period of time provided by law. The inmate has the right to
24reconsideration of the length of parole and conditions thereof by
25the department or the parole authority, whichever is applicable.
26The Department of Corrections and Rehabilitation or the board
27may impose as a condition of parole that a prisoner make payments
28on the prisoner’s outstanding restitution fines or orders imposed
29pursuant to subdivision (a) or (c) of Section 13967 of the
30Government Code, as operative prior to September 28, 1994, or
31subdivision (b) or (f) of Section 1202.4.

32(8) For purposes of this chapter, and except as otherwise
33described in this section, the board shall be considered the parole
34authority.

35(9) (A)  On and after July 1, 2013begin insert, and until January 1, 2014end insert,
36the sole authority to issue warrants for the return to actual custody
37of any state prisoner released on parole rests with the court pursuant
38to Section 1203.2, except for any escaped state prisoner or any
39state prisoner released prior to his or her scheduled release date
40who should be returned to custody, and Section 5054.1 shall apply.

P8    1(B) Notwithstanding subparagraph (A), any warrant issued by
2the Board of Parole Hearings prior to July 1, 2013begin insert, or on and after
3January 1, 2014end insert
, shall remain in full force and effect until the
4warrant is served or it is recalled by the board. All prisoners on
5parole arrested pursuant to a warrant issued by the board shall be
6subject to a review by the board prior to the department filing a
7petition with the court to revoke the parole of the petitioner.

8(10) It is the intent of the Legislature that efforts be made with
9respect to persons who are subject to Section 290.011 who are on
10parole to engage them in treatment.

11

SEC. 2.  

Section 3000.08 of the Penal Code, as amended by
12Section 35 of Chapter 43 of the Statutes of 2012, is amended to
13read:

14

3000.08.  

(a) Persons released from state prison prior tobegin delete or on
15or after July 1, 2013end delete
begin insert January 1, 2014end insert, after serving a prison term
16or, whose sentence has been deemed served pursuant to Section
172900.5, for any of the following crimes shall be subject to parole
18supervision by the Department of Corrections and Rehabilitation
19and the jurisdiction of the court in the county where the parolee is
20released or resides for the purpose of hearing petitions to revoke
21parole and impose a term of custody:

22(1) A serious felony as described in subdivision (c) of Section
231192.7.

24(2) A violent felony as described in subdivision (c) of Section
25667.5.

26(3) A crime for which the person was sentenced pursuant to
27paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
28of subdivision (c) of Section 1170.12.

29(4) Any crimebegin delete whereend deletebegin insert for whichend insert the person eligible for release
30from prison is classified as a High Risk Sex Offender.

31(5) Any crimebegin delete whereend deletebegin insert for whichend insert the person is required, as a
32condition of parole, to undergo treatment by thebegin insert Stateend insert Department
33ofbegin delete Mental Healthend deletebegin insert State Hospitalsend insert pursuant to Section 2962.

begin delete

34(b) Notwithstanding any other provision of law, all other
35offenders released from prison shall be placed on postrelease
36supervision pursuant to Title 2.05 (commencing with Section
373450).

end delete
begin insert

38(b) Notwithstanding any other law, all offenders released from
39prison on or after January 1, 2014, after serving a prison term or
40whose sentence has been deemed served pursuant to Section 2900.5
P9    1shall be subject to parole supervision by the Department of
2Corrections and Rehabilitation and the Board of Parole Hearings
3for a minimum period of three years, which may be extended by
4up to one additional year for parole violations. The board shall
5have exclusive jurisdiction over the supervision and revocation of
6parole of all inmates upon their release from state prison or release
7from custody after serving a term of imprisonment in state prison.

end insert

8(c) At any time during the period of parole of a person subject
9to this section, if any parole agent or peace officer has probable
10cause to believe that the parolee is violating any term or condition
11of his or her parole, the agent or officer may, without warrant or
12other process and at any time until the final disposition of the case,
13arrest the person and bring him or her before the courtbegin insert or the board,
14as applicableend insert
, or the courtbegin insert or boardend insert may, in its discretion, issue a
15warrant for that person’s arrestbegin delete pursuant to Section 1203.2end delete.

16(d) Upon review of the alleged violation and a finding of good
17cause thatbegin delete theend deletebegin insert aend insert paroleebegin insert who is subject to subdivision (a)end insert has
18committed a violation of law or violated his or her conditions of
19parole, the supervising parole agency may impose additional and
20appropriate conditions of supervision, including rehabilitation and
21treatment services and appropriate incentives for compliance, and
22impose immediate, structured, and intermediate sanctions for parole
23violations, including flash incarceration in a county jail. Periods
24of “flash incarceration,” as defined in subdivision (e) are
25encouraged as one method of punishment for violations of a
26parolee’s conditions of parole. Nothing in this section is intended
27to preclude referrals to a reentry court pursuant to Section 3015.

28(e) “Flash incarceration” is a period of detention in county jail
29due to a violation of a parolee’s conditions of parole. The length
30of the detention period can range between one and 10 consecutive
31days. Shorter, but if necessary more frequent, periods of detention
32for violations of a parolee’s conditions of parole shall appropriately
33punish a parolee while preventing the disruption in a work or home
34establishment that typically arises from longer periods of detention.

35(f) begin deleteIf end deletebegin insertFor parolees subject to subdivision (a), if end insertthe supervising
36parole agency has determined, following application of its
37assessment processes, that intermediate sanctions up to and
38including flash incarceration are not appropriate, the supervising
39parole agency shall, pursuant to Section 1203.2, petition the court
40in the county in which the parolee is being supervised to revoke
P10   1parole. At any point during the process initiated pursuant to this
2section, a parolee may waive, in writing, his or her right to counsel,
3admit the parole violation, waive a court hearing, and accept the
4proposed parole modification or revocation. The petition shall
5include a written report that contains additional information
6regarding the petition, including the relevant terms and conditions
7of parole, the circumstances of the alleged underlying violation,
8the history and background of the parolee, and any
9recommendations. The Judicial Council shall adopt forms and
10rules of court to establish uniform statewide procedures to
11implement this subdivision, including the minimum contents of
12supervision agency reports. Upon a finding that the person has
13violated the conditions of parole, the court shall have authority to
14do any of the following:

15(1) Return the person to parole supervision with modifications
16of conditions, if appropriate, including a period of incarceration
17in county jail.

18(2) Revoke parole and order the person to confinement in the
19county jail.

20(3) Refer the person to a reentry court pursuant to Section 3015
21or other evidence-based program in the court’s discretion.

22(g) Confinement pursuant to paragraphs (1) and (2) of
23subdivision (f) shall not exceed a period of 180 days in the county
24jail.

25(h) Notwithstanding any other provision of law, in any case
26where Section 3000.1 or paragraph (4) of subdivision (b) of Section
273000 applies to a person who is on parole and the court determines
28that the person has committed a violation of law or violated his or
29her conditions of parole, the person on parole shall be remanded
30to the custody of the Department of Corrections and Rehabilitation
31and the jurisdiction of the Board of Parole Hearings for the purpose
32of future parole consideration.

33(i) Notwithstanding subdivision (a), any of the following persons
34released from state prison shall be subject to the jurisdiction of,
35and parole supervision by, the Department of Corrections and
36Rehabilitation for a period of parole up to three years or the parole
37term the person was subject to at the time of the commission of
38the offense, whichever is greater:

39(1) The person is required to register as a sex offender pursuant
40to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
P11   11, and was subject to a period of parole exceeding three years at
2the time he or she committed a felony for which they were
3convicted and subsequently sentenced to state prison.

4(2) The person was subject to parole for life pursuant to Section
53000.1 at the time of the commission of the offense that resulted
6in a conviction and state prison sentence.

7(j) Parolees subject to this section who have a pending
8adjudication for a parole violation on July 1, 2013, shall be subject
9to the jurisdiction of the Board of Parole Hearings. Parole
10revocation proceedings conducted by the Board of Parole Hearings
11prior to July 1, 2013, if reopened on or after July 1, 2013, shall be
12subject to the jurisdiction of the Board of Parole Hearings.

13(k) Except as described in subdivision (c), any person who is
14convicted of a felony that requires community supervision and
15who still has a period of state parole to serve shall discharge from
16state parole at the time of release to community supervision.

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

18

SEC. 3.  

Section 3044 of the Penal Code is amended to read:

19

3044.  

(a) Notwithstanding any other law, the Board of Parole
20Hearings or its successor in interest shall be the state’s parole
21authority and shall be responsible for protecting victims’ rights in
22the parole process. Accordingly, to protect a victim from
23harassment and abuse during the parole process, no person paroled
24from a California correctional facility following incarceration for
25an offense committed on or after the effective date of this act shall,
26in the event his or her parole is revoked, be entitled to procedural
27rights other than the following:

28(1) A parolee shall be entitled to a probable cause hearing no
29later than 15 days following his or her arrest for violation of parole.

30(2) A parolee shall be entitled to an evidentiary revocation
31hearing no later than 45 days following his or her arrest for
32violation of parole.

33(3) A parolee shall, upon request, be entitled to counsel at state
34expense only if, considering the request on a case-by-case basis,
35the board or its hearing officers determine:

36(A) The parolee is indigent; and

37(B) Considering the complexity of the charges, the defense, or
38because the parolee’s mental or educational capacity, he or she
39appears incapable of speaking effectively in his or her own defense.

P12   1(4) In the event the parolee’s request for counsel, which shall
2be considered on a case-by-case basis, is denied, the grounds for
3denial shall be stated succinctly in the record.

4(5) Parole revocation determinations shall be based upon a
5preponderance of evidence admitted at hearings including
6documentary evidence, direct testimony, or hearsay evidence
7offered by parole agents, peace officers, or a victim.

8(6) Admission of the recorded or hearsay statement of a victim
9or percipient witness shall not be construed to create a right to
10confront the witness at the hearing.

11(b) The board is entrusted with the safety of victims and the
12public and shall make its determination fairly, independently, and
13without bias and shall not be influenced by or weigh the state cost
14or burden associated with just decisions. The board must
15accordingly enjoy sufficient autonomy to conduct unbiased
16hearings,begin delete andend delete maintain an independent legal and administrative
17staffbegin insert, and protect the rights of crime victimsend insert. The board shall report
18to the Governor.

19

SEC. 4.  

Section 3064.5 is added to the Penal Code, to read:

20

3064.5.  

No person may be discharged from parole without first
21completing 12 consecutive months of supervision without a parole
22violation or arrest on new criminal charges. No person may be
23discharged from parole while incarcerated or if his or her
24whereabouts are unknown.

25

SEC. 5.  

Section 3069.7 is added to the Penal Code, to read:

26

3069.7.  

(a) The Department of Corrections and Rehabilitation
27shall develop a minimum of three parole violator adjustment and
28rehabilitation facilities. The facilities shall be designed for the
29secure incarceration, evaluation, treatment, and rehabilitation of
30offenders who have violated the conditions of their parole.

31(b) Parolees who violate the conditions of parole shall be
32sentenced up to one year in a parole violator adjustment and
33rehabilitation facility.

34(1) Violations that are drug related, and do not involve an
35offense that could be charged as a violent felony, as defined in
36subdivision (c) of Section 667.5, a serious felony, as defined in
37subdivision (c) of Section 1192.7, or that would require registration
38as a sex offender pursuant to Section 290, shall be served in a
39parole violator adjustment and rehabilitation facility on nonrevoked
40status, if the parolee agrees to submit to drug treatment. A violation
P13   1pursuant to this paragraph shall result in the parolee serving at
2least six months in a parole violator adjustment and rehabilitation
3facility, and thereafter the parolee shall be required to enter a
4residential treatment program in the community as recommended
5in a treatment plan by a contracted drug treatment provider.

6(2) All other parole violations not described in paragraph (1)
7shall result in the parolee serving the rest of his or her term in a
8parole violator adjustment and rehabilitation facility on revoked
9status. A specific treatment and programming plan shall be
10developed for each parole violator.

11(c) Except as otherwise provided by law, parole violators shall
12not be sent to prison for a parole violation unless they are convicted
13of a new qualifying offense.

14

SEC. 6.  

Section 3451 of the Penal Code is amended to read:

15

3451.  

(a) Notwithstanding any other law and except for persons
16serving a prison term for any crime described in subdivision (b),
17all persons released from prison on and after October 1, 2011begin insert, and
18before January 1, 2014end insert
, or, whose sentence has been deemed
19served pursuant to Section 2900.5 after serving a prison term for
20a felony shall, upon release from prison and for a period not
21exceeding three years immediately following release, be subject
22to community supervision provided by a county agency designated
23by each county’s board of supervisors which is consistent with
24evidence-based practices, including, but not limited to, supervision
25policies, procedures, programs, and practices demonstrated by
26scientific research to reduce recidivism among individuals under
27postrelease supervision.

28(b) This section shall not apply to any person released from
29prison after having served a prison term for any of the following:

30(1) A serious felony described in subdivision (c) of Section
311192.7.

32(2) A violent felony described in subdivision (c) of Section
33667.5.

34(3) A crime for which the person was sentenced pursuant to
35paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
36of subdivision (c) of Section 1170.12.

37(4) Any crimebegin delete whereend deletebegin insert for whichend insert the person eligible for release
38from prison is classified as a High Risk Sex Offender.

P14   1(5) Any crimebegin delete whereend deletebegin insert for whichend insert the person is required, as a
2condition of parole, to undergo treatment by the State Department
3of State Hospitals pursuant to Section 2962.

4(c) (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 informbegin delete personsend delete
12begin insert a personend insert serving a term of parole for a felony offense whobegin delete areend deletebegin insert isend insert
13 subject to this section of the requirements of this title and of his
14or her responsibility to report to the county agency responsible for
15serving that parolee. Thirty days prior to the release of any person
16subject to postrelease supervision by a county, the department shall
17notify the county of all information that would otherwise be
18required for parolees under subdivision (e) of Section 3003.



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