Amended in Senate September 1, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1156


Introduced by Assembly Member Brown

February 27, 2015


An act to amend Sections 1170, 1170.3, 3451, 4852.01, 4852.03, 4852.04, 4852.06, 4852.1, and 4852.21 of the Penal Code, and to amend Section 41500 of the Vehicle Code, relating to crime.

LEGISLATIVE COUNSEL’S DIGEST

AB 1156, as amended, Brown. Imprisonment in county jail.

(1) Existing law authorizes a court to recall a sentence of imprisonment in the state prison and to resentence a defendant in the same manner as if the defendant had not previously been sentenced, upon the court’s own motion or the recommendation of the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings. Existing law prohibits the new sentence from being greater than the initial sentence and requires that credit be given for time served. Existing law provides for the resentencing or recalling of a prisoner’s sentence if the court finds that the prisoner is terminally ill or the prisoner is permanently medically incapacitated, as prescribed.

This bill would similarly authorize the court to recall a sentence of imprisonment in a county jail for a felony, upon the court’s own motion or the recommendation of the county correctional administrator, as specified. The bill would also extend the provisions for recall or resentencing for medical reasons to prisoners sentenced to county jail for a felony. By increasing the duties of county correctional administrators, this bill would impose a state-mandated local program.

(2) Existing law requires the Judicial Council to adopt rules providing criteria for the consideration of the trial judge at the time of sentencing, including the imposition of the lower, middle, or upper prison term.

This bill would require the Judicial Council to also adopt rules providing criteria for the imposition of the lower, middle, or upper term for a person sentenced to county jail for abegin delete felony and rules to determine the county or jurisdictional territory of incarceration when the court is imposing a sentence in county jail concurrent or consecutive to a sentence previously imposed in another county or jurisdictional territory.end deletebegin insert felony.end insert

(3) Existing law provides that a person convicted of a felony who is committed to a state prison or other state institution or agency may file a petition for a certificate of rehabilitation and pardon upon completion of a specified period of rehabilitation. Existing law provides that the period of rehabilitation commences to run upon the discharge from custody for completion of the sentence term or upon the release on parole or probation, whichever is sooner. Existing law also requires that any person to whom these provisions apply be informed in writing by the official in charge prior to his or her discharge from a state prison or other state penal institution or agency of the right to petition for a certificate of rehabilitation and pardon.

This bill would extend the right to petition for a certificate of rehabilitation and pardon to persons convicted of a felony who were committed to a county jail. The bill provides that the period of rehabilitation in that case commences upon discharge from custody or release on postrelease community supervision or mandatory supervision, whichever is sooner. The bill would require that any person to whom these provisions apply be informed in writing by the official in charge prior to his or her discharge from a county jail of the right to petition for a certificate of rehabilitation and pardon. The bill would make additional nonsubstantive changes and conforming changes, and would delete obsolete provisions. By increasing the duties of local officials, this bill would create a state-mandated local program.

(4) Existing law, subject to exceptions, prohibits a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a nonfelony offense that is pending against him or her at the time of commitment arising out of, among other things, the operation of a motor vehicle. Existing law also prohibits the driver’s license of that person from being suspended or revoked, or issuance or renewal therefor denied, as a result of a nonfelony offense pending against him or her at the time of commitment that occurred prior to the time of commitment. Existing law excepts from those prohibitions an offense committed by a person while temporarily released from custody or on parole.

This bill would extend those provisions to persons committed to a county jail for conviction of a felony. The bill would except from those prohibitions an offense committed by a person while on postrelease community supervision.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

P3    1

SECTION 1.  

Section 1170 of the Penal Code, as amended by
2Section 1 of Chapter 612 of the Statutes of 2014, is amended to
3read:

4

1170.  

(a) (1) The Legislature finds and declares that the
5purpose of imprisonment for crime is punishment. This purpose
6is best served by terms proportionate to the seriousness of the
7offense with provision for uniformity in the sentences of offenders
8committing the same offense under similar circumstances. The
9Legislature further finds and declares that the elimination of
10disparity and the provision of uniformity of sentences can best be
11achieved by determinate sentences fixed by statute in proportion
12to the seriousness of the offense as determined by the Legislature
13to be imposed by the court with specified discretion.

14(2) Notwithstanding paragraph (1), the Legislature further finds
15and declares that programs should be available for inmates,
16 including, but not limited to, educational programs, that are
17designed to prepare nonviolent felony offenders for successful
18reentry into the community. The Legislature encourages the
19development of policies and programs designed to educate and
20rehabilitate nonviolent felony offenders. In implementing this
P4    1section, the Department of Corrections and Rehabilitation is
2encouraged to give priority enrollment in programs to promote
3successful return to the community to an inmate with a short
4remaining term of commitment and a release date that would allow
5him or her adequate time to complete the program.

6(3) In any case in which the punishment prescribed by statute
7for a person convicted of a public offense is a term of imprisonment
8in the state prison or a term pursuant to subdivision (h)begin delete of Section
91170end delete
of any specification of three time periods, the court shall
10sentence the defendant to one of the terms of imprisonment
11specified unless the convicted person is given any other disposition
12provided by law, including a fine, jail, probation, or the suspension
13of imposition or execution of sentence or is sentenced pursuant to
14subdivision (b) of Section 1168 because he or she had committed
15his or her crime prior to July 1, 1977. In sentencing the convicted
16person, the court shall apply the sentencing rules of the Judicial
17Council. The court, unless it determines that there are
18circumstances in mitigation of the punishment prescribed, shall
19also impose any other term that it is required by law to impose as
20an additional term. Nothing in this article shall affect any provision
21of law that imposes the death penalty, that authorizes or restricts
22the granting of probation or suspending the execution or imposition
23of sentence, or expressly provides for imprisonment in the state
24prison for life, except as provided in paragraph (2) of subdivision
25(d). In any case in which the amount of preimprisonment credit
26under Section 2900.5 or any other law is equal to or exceeds any
27sentence imposed pursuant to this chapter, except for the remaining
28portion of mandatory supervision pursuant to subparagraph (B) of
29paragraph (5) of subdivision (h), the entire sentence shall be
30deemed to have been served, except for the remaining period of
31mandatory supervision, and the defendant shall not be actually
32delivered to the custody of the secretary or to the custody of the
33county correctional administrator. The court shall advise the
34defendant that he or she shall serve an applicable period of parole,
35postrelease community supervision, or mandatory supervision,
36and order the defendant to report to the parole or probation office
37closest to the defendant’s last legal residence, unless the in-custody
38credits equal the total sentence, including both confinement time
39and the period of parole, postrelease community supervision, or
40mandatory supervision. The sentence shall be deemed a separate
P5    1prior prison term or a sentence of imprisonment in a county jail
2under subdivision (h) for purposes of Section 667.5, and a copy
3of the judgment and other necessary documentation shall be
4forwarded to the secretary.

5(b) When a judgment of imprisonment is to be imposed and the
6statute specifies three possible terms, the choice of the appropriate
7term shall rest within the sound discretion of the court. At least
8four days prior to the time set for imposition of judgment, either
9party or the victim, or the family of the victim if the victim is
10deceased, may submit a statement in aggravation or mitigation. In
11determining the appropriate term, the court may consider the record
12in the case, the probation officer’s report, other reports, including
13reports received pursuant to Section 1203.03, and statements in
14aggravation or mitigation submitted by the prosecution, the
15defendant, or the victim, or the family of the victim if the victim
16is deceased, and any further evidence introduced at the sentencing
17hearing. The court shall select the term which, in the court’s
18discretion, best serves the interests of justice. The court shall set
19forth on the record the reasons for imposing the term selected and
20the court may not impose an upper term by using the fact of any
21enhancement upon which sentence is imposed under any provision
22of law. A term of imprisonment shall not be specified if imposition
23of sentence is suspended.

24(c) The court shall state the reasons for its sentence choice on
25the record at the time of sentencing. The court shall also inform
26the defendant that as part of the sentence after expiration of the
27term he or she may be on parole for a period as provided in Section
283000 or 3000.08 or postrelease community supervision for a period
29as provided in Section 3451.

30(d) (1) When a defendant subject to this section or subdivision
31(b) of Section 1168 has been sentenced to be imprisoned in the
32state prison or county jail pursuant to subdivision (h) and has been
33committed to the custody of the secretary or the county correctional
34administrator, the court may, within 120 days of the date of
35commitment on its own motion, or at any time upon the
36recommendation of the secretary or the Board of Parole Hearings
37in the case of state prison inmates, or the county correctional
38administrator in the case of county jail inmates, recall the sentence
39and commitment previously ordered and resentence the defendant
40in the same manner as if he or she had not previously been
P6    1sentenced, provided the new sentence, if any, is no greater than
2the initial sentence. The court resentencing under this subdivision
3shall apply the sentencing rules of the Judicial Council so as to
4eliminate disparity of sentences and to promote uniformity of
5sentencing. Credit shall be given for time served.

6(2) (A) (i) When a defendant who was under 18 years of age
7at the time of the commission of the offense for which the
8defendant was sentenced to imprisonment for life without the
9possibility of parole has served at least 15 years of that sentence,
10the defendant may submit to the sentencing court a petition for
11recall and resentencing.

12(ii) Notwithstanding clause (i), this paragraph shall not apply
13to defendants sentenced to life without parole for an offense where
14the defendant tortured, as described in Section 206, his or her
15victim or the victim was a public safety official, including any law
16enforcement personnel mentioned in Chapter 4.5 (commencing
17with Section 830) of Title 3, or any firefighter as described in
18Section 245.1, as well as any other officer in any segment of law
19enforcement who is employed by the federal government, the state,
20or any of its political subdivisions.

21(B) The defendant shall file the original petition with the
22sentencing court. A copy of the petition shall be served on the
23agency that prosecuted the case. The petition shall include the
24defendant’s statement that he or she was under 18 years of age at
25the time of the crime and was sentenced to life in prison without
26the possibility of parole, the defendant’s statement describing his
27or her remorse and work towards rehabilitation, and the defendant’s
28statement that one of the following is true:

29(i) The defendant was convicted pursuant to felony murder or
30aiding and abetting murder provisions of law.

31(ii) The defendant does not have juvenile felony adjudications
32for assault or other felony crimes with a significant potential for
33personal harm to victims prior to the offense for which the sentence
34is being considered for recall.

35(iii) The defendant committed the offense with at least one adult
36codefendant.

37(iv) The defendant has performed acts that tend to indicate
38rehabilitation or the potential for rehabilitation, including, but not
39limited to, availing himself or herself of rehabilitative, educational,
40or vocational programs, if those programs have been available at
P7    1his or her classification level and facility, using self-study for
2 self-improvement, or showing evidence of remorse.

3(C) If any of the information required in subparagraph (B) is
4missing from the petition, or if proof of service on the prosecuting
5agency is not provided, the court shall return the petition to the
6defendant and advise the defendant that the matter cannot be
7considered without the missing information.

8(D) A reply to the petition, if any, shall be filed with the court
9within 60 days of the date on which the prosecuting agency was
10served with the petition, unless a continuance is granted for good
11cause.

12(E) If the court finds by a preponderance of the evidence that
13the statements in the petition are true, the court shall hold a hearing
14to consider whether to recall the sentence and commitment
15previously ordered and to resentence the defendant in the same
16manner as if the defendant had not previously been sentenced,
17provided that the new sentence, if any, is not greater than the initial
18sentence. Victims, or victim family members if the victim is
19deceased, shall retain the rights to participate in the hearing.

20(F) The factors that the court may consider when determining
21whether to recall and resentence include, but are not limited to,
22the following:

23(i) The defendant was convicted pursuant to felony murder or
24aiding and abetting murder provisions of law.

25(ii) The defendant does not have juvenile felony adjudications
26for assault or other felony crimes with a significant potential for
27personal harm to victims prior to the offense for which the sentence
28is being considered for recall.

29(iii) The defendant committed the offense with at least one adult
30codefendant.

31(iv) Prior to the offense for which the sentence is being
32considered for recall, the defendant had insufficient adult support
33or supervision and had suffered from psychological or physical
34trauma, or significant stress.

35(v) The defendant suffers from cognitive limitations due to
36mental illness, developmental disabilities, or other factors that did
37not constitute a defense, but influenced the defendant’s
38involvement in the offense.

39(vi) The defendant has performed acts that tend to indicate
40rehabilitation or the potential for rehabilitation, including, but not
P8    1limited to, availing himself or herself of rehabilitative, educational,
2or vocational programs, if those programs have been available at
3his or her classification level and facility, using self-study for
4 self-improvement, or showing evidence of remorse.

5(vii) The defendant has maintained family ties or connections
6with others through letter writing, calls, or visits, or has eliminated
7contact with individuals outside of prison who are currently
8involved with crime.

9(viii) The defendant has had no disciplinary actions for violent
10activities in the last five years in which the defendant was
11determined to be the aggressor.

12(G) The court shall have the discretion to recall the sentence
13and commitment previously ordered and to resentence the
14defendant in the same manner as if the defendant had not
15previously been sentenced, provided that the new sentence, if any,
16is not greater than the initial sentence. The discretion of the court
17shall be exercised in consideration of the criteria in subparagraph
18(B). Victims, or victim family members if the victim is deceased,
19shall be notified of the resentencing hearing and shall retain their
20rights to participate in the hearing.

21(H) If the sentence is not recalled, the defendant may submit
22another petition for recall and resentencing to the sentencing court
23when the defendant has been committed to the custody of the
24department for at least 20 years. If recall and resentencing is not
25granted under that petition, the defendant may file another petition
26after having served 24 years. The final petition may be submitted,
27and the response to that petition shall be determined, during the
2825th year of the defendant’s sentence.

29(I) In addition to the criteria in subparagraph (F), the court may
30consider any other criteria that the court deems relevant to its
31decision, so long as the court identifies them on the record,
32provides a statement of reasons for adopting them, and states why
33the defendant does or does not satisfy the criteria.

34(J) This subdivision shall have retroactive application.

35(e) (1) Notwithstanding any other law and consistent with
36paragraph (1) of subdivision (a), if the secretary or the Board of
37Parole Hearings or both determine that a prisoner satisfies the
38criteria set forth in paragraph (2), the secretary or the board may
39recommend to the court that the prisoner’s sentence be recalled.

P9    1(2) The court shall have the discretion to resentence or recall if
2the court finds that the facts described in subparagraphs (A) and
3(B) or subparagraphs (B) and (C) exist:

4(A) The prisoner is terminally ill with an incurable condition
5caused by an illness or disease that would produce death within
6six months, as determined by a physician employed by the
7department.

8(B) The conditions under which the prisoner would be released
9or receive treatment do not pose a threat to public safety.

10(C) The prisoner is permanently medically incapacitated with
11a medical condition that renders him or her permanently unable
12to perform activities of basic daily living, and results in the prisoner
13requiring 24-hour total care, including, but not limited to, coma,
14persistent vegetative state, brain death, ventilator-dependency, loss
15of control of muscular or neurological function, and that
16incapacitation did not exist at the time of the original sentencing.

17The Board of Parole Hearings shall make findings pursuant to
18this subdivision before making a recommendation for resentence
19or recall to the court. This subdivision does not apply to a prisoner
20sentenced to death or a term of life without the possibility of parole.

21(3) Within 10 days of receipt of a positive recommendation by
22the secretary or the board, the court shall hold a hearing to consider
23whether the prisoner’s sentence should be recalled.

24(4) Any physician employed by the department who determines
25that a prisoner has six months or less to live shall notify the chief
26medical officer of the prognosis. If the chief medical officer
27concurs with the prognosis, he or she shall notify the warden.
28Within 48 hours of receiving notification, the warden or the
29warden’s representative shall notify the prisoner of the recall and
30resentencing procedures, and shall arrange for the prisoner to
31designate a family member or other outside agent to be notified
32as to the prisoner’s medical condition and prognosis, and as to the
33recall and resentencing procedures. If the inmate is deemed
34mentally unfit, the warden or the warden’s representative shall
35contact the inmate’s emergency contact and provide the information
36described in paragraph (2).

37(5) The warden or the warden’s representative shall provide the
38prisoner and his or her family member, agent, or emergency
39contact, as described in paragraph (4), updated information
40throughout the recall and resentencing process with regard to the
P10   1prisoner’s medical condition and the status of the prisoner’s recall
2and resentencing proceedings.

3(6) Notwithstanding any other provisions of this section, the
4prisoner or his or her family member or designee may
5independently request consideration for recall and resentencing
6by contacting the chief medical officer at the prison or the
7secretary. Upon receipt of the request, the chief medical officer
8and the warden or the warden’s representative shall follow the
9 procedures described in paragraph (4). If the secretary determines
10that the prisoner satisfies the criteria set forth in paragraph (2), the
11secretary or board may recommend to the court that the prisoner’s
12sentence be recalled. The secretary shall submit a recommendation
13for release within 30 days in the case of inmates sentenced to
14determinate terms and, in the case of inmates sentenced to
15indeterminate terms, the secretary shall make a recommendation
16to the Board of Parole Hearings with respect to the inmates who
17have applied under this section. The board shall consider this
18information and make an independent judgment pursuant to
19paragraph (2) and make findings related thereto before rejecting
20the request or making a recommendation to the court. This action
21shall be taken at the next lawfully noticed board meeting.

22(7) Any recommendation for recall submitted to the court by
23the secretary or the Board of Parole Hearings shall include one or
24 more medical evaluations, a postrelease plan, and findings pursuant
25to paragraph (2).

26(8) If possible, the matter shall be heard before the same judge
27of the court who sentenced the prisoner.

28(9) If the court grants the recall and resentencing application,
29the prisoner shall be released by the department within 48 hours
30of receipt of the court’s order, unless a longer time period is agreed
31to by the inmate. At the time of release, the warden or the warden’s
32representative shall ensure that the prisoner has each of the
33following in his or her possession: a discharge medical summary,
34full medical records, state identification, parole or postrelease
35community supervision medications, and all property belonging
36to the prisoner. After discharge, any additional records shall be
37 sent to the prisoner’s forwarding address.

38(10) The secretary shall issue a directive to medical and
39correctional staff employed by the department that details the
40guidelines and procedures for initiating a recall and resentencing
P11   1procedure. The directive shall clearly state that any prisoner who
2is given a prognosis of six months or less to live is eligible for
3recall and resentencing consideration, and that recall and
4resentencing procedures shall be initiated upon that prognosis.

5(11) The provisions of this subdivision shall be available to an
6inmate who is sentenced to a county jail pursuant to subdivision
7(h). For purposes of those inmates, “secretary” or “warden” shall
8mean the county correctional administrator and “chief medical
9officer” shall mean a physician designated by the county
10 correctional administrator for this purpose.

11(f) Notwithstanding any other provision of this section, for
12purposes of paragraph (3) of subdivision (h), any allegation that
13a defendant is eligible for state prison due to a prior or current
14conviction, sentence enhancement, or because he or she is required
15to register as a sex offender shall not be subject to dismissal
16pursuant to Section 1385.

17(g) A sentence to state prison for a determinate term for which
18only one term is specified, is a sentence to state prison under this
19section.

20(h) (1) Except as provided in paragraph (3), a felony punishable
21pursuant to this subdivision where the term is not specified in the
22underlying offense shall be punishable by a term of imprisonment
23in a county jail for 16 months, or two or three years.

24(2) Except as provided in paragraph (3), a felony punishable
25pursuant to this subdivision shall be punishable by imprisonment
26in a county jail for the term described in the underlying offense.

27(3) Notwithstanding paragraphs (1) and (2), where the defendant
28(A) has a prior or current felony conviction for a serious felony
29described in subdivision (c) of Section 1192.7 or a prior or current
30conviction for a violent felony described in subdivision (c) of
31Section 667.5, (B) has a prior felony conviction in another
32jurisdiction for an offense that has all the elements of a serious
33felony described in subdivision (c) of Section 1192.7 or a violent
34felony described in subdivision (c) of Section 667.5, (C) is required
35to register as a sex offender pursuant to Chapter 5.5 (commencing
36with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
37and as part of the sentence an enhancement pursuant to Section
38186.11 is imposed, an executed sentence for a felony punishable
39pursuant to this subdivision shall be served in state prison.

P12   1(4) Nothing in this subdivision shall be construed to prevent
2other dispositions authorized by law, including pretrial diversion,
3deferred entry of judgment, or an order granting probation pursuant
4to Section 1203.1.

5(5) (A) Unless the court finds that, in the interests of justice, it
6is not appropriate in a particular case, the court, when imposing a
7sentence pursuant to paragraph (1) or (2), shall suspend execution
8of a concluding portion of the term for a period selected at the
9court’s discretion.

10(B) The portion of a defendant’s sentenced term that is
11suspended pursuant to this paragraph shall be known as mandatory
12 supervision, and, unless otherwise ordered by the court, shall
13commence upon release from physical custody or an alternative
14custody program, whichever is later. During the period of
15mandatory supervision, the defendant shall be supervised by the
16county probation officer in accordance with the terms, conditions,
17and procedures generally applicable to persons placed on probation,
18for the remaining unserved portion of the sentence imposed by the
19court. The period of supervision shall be mandatory, and may not
20be earlier terminated except by court order. Any proceeding to
21revoke or modify mandatory supervision under this subparagraph
22shall be conducted pursuant to either subdivisions (a) and (b) of
23Section 1203.2 or Section 1203.3. During the period when the
24defendant is under that supervision, unless in actual custody related
25to the sentence imposed by the court, the defendant shall be entitled
26to only actual time credit against the term of imprisonment imposed
27by the court. Any time period which is suspended because a person
28has absconded shall not be credited toward the period of
29supervision.

30(6) The sentencing changes made by the act that added this
31subdivision shall be applied prospectively to any person sentenced
32on or after October 1, 2011.

33(7) The sentencing changes made to paragraph (5) by the act
34that added this paragraph shall become effective and operative on
35January 1, 2015, and shall be applied prospectively to any person
36sentenced on or after January 1, 2015.

37(i) This section shall remain in effect only until January 1, 2017,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before that date, deletes or extends that date.

P13   1

SEC. 2.  

Section 1170 of the Penal Code, as amended by Section
22 of Chapter 612 of the Statutes of 2014, is amended to read:

3

1170.  

(a) (1) The Legislature finds and declares that the
4purpose of imprisonment for crime is punishment. This purpose
5is best served by terms proportionate to the seriousness of the
6offense with provision for uniformity in the sentences of offenders
7committing the same offense under similar circumstances. The
8Legislature further finds and declares that the elimination of
9disparity and the provision of uniformity of sentences can best be
10achieved by determinate sentences fixed by statute in proportion
11to the seriousness of the offense as determined by the Legislature
12to be imposed by the court with specified discretion.

13(2) Notwithstanding paragraph (1), the Legislature further finds
14and declares that programs should be available for inmates,
15 including, but not limited to, educational programs, that are
16designed to prepare nonviolent felony offenders for successful
17reentry into the community. The Legislature encourages the
18development of policies and programs designed to educate and
19rehabilitate nonviolent felony offenders. In implementing this
20section, the Department of Corrections and Rehabilitation is
21encouraged to give priority enrollment in programs to promote
22successful return to the community to an inmate with a short
23remaining term of commitment and a release date that would allow
24him or her adequate time to complete the program.

25(3) In any case in which the punishment prescribed by statute
26for a person convicted of a public offense is a term of imprisonment
27in the state prison, or a term pursuant to subdivision (h), of any
28specification of three time periods, the court shall sentence the
29defendant to one of the terms of imprisonment specified unless
30the convicted person is given any other disposition provided by
31law, including a fine, jail, probation, or the suspension of
32imposition or execution of sentence or is sentenced pursuant to
33subdivision (b) of Section 1168 because he or she had committed
34his or her crime prior to July 1, 1977. In sentencing the convicted
35person, the court shall apply the sentencing rules of the Judicial
36Council. The court, unless it determines that there are
37circumstances in mitigation of the punishment prescribed, shall
38also impose any other term that it is required by law to impose as
39an additional term. Nothing in this article shall affect any provision
40of law that imposes the death penalty, that authorizes or restricts
P14   1the granting of probation or suspending the execution or imposition
2of sentence, or expressly provides for imprisonment in the state
3prison for life, except as provided in paragraph (2) of subdivision
4(d). In any case in which the amount of preimprisonment credit
5under Section 2900.5 or any other provision of law is equal to or
6exceeds any sentence imposed pursuant to this chapter, except for
7a remaining portion of mandatory supervision imposed pursuant
8to subparagraph (B) of paragraph (5) of subdivision (h), the entire
9sentence shall be deemed to have been served, except for the
10remaining period of mandatory supervision, and the defendant
11shall not be actually delivered to the custody of the secretary or
12the county correctional administrator. The court shall advise the
13defendant that he or she shall serve an applicable period of parole,
14postrelease community supervision, or mandatory supervision and
15order the defendant to report to the parole or probation office
16closest to the defendant’s last legal residence, unless the in-custody
17credits equal the total sentence, including both confinement time
18and the period of parole, postrelease community supervision, or
19mandatory supervision. The sentence shall be deemed a separate
20prior prison term or a sentence of imprisonment in a county jail
21under subdivision (h) for purposes of Section 667.5, and a copy
22of the judgment and other necessary documentation shall be
23forwarded to the secretary.

24(b) When a judgment of imprisonment is to be imposed and the
25statute specifies three possible terms, the court shall order
26imposition of the middle term, unless there are circumstances in
27aggravation or mitigation of the crime. At least four days prior to
28the time set for imposition of judgment, either party or the victim,
29or the family of the victim if the victim is deceased, may submit
30a statement in aggravation or mitigation to dispute facts in the
31record or the probation officer’s report, or to present additional
32facts. In determining whether there are circumstances that justify
33imposition of the upper or lower term, the court may consider the
34record in the case, the probation officer’s report, other reports,
35including reports received pursuant to Section 1203.03, and
36statements in aggravation or mitigation submitted by the
37prosecution, the defendant, or the victim, or the family of the victim
38if the victim is deceased, and any further evidence introduced at
39the sentencing hearing. The court shall set forth on the record the
40facts and reasons for imposing the upper or lower term. The court
P15   1may not impose an upper term by using the fact of any
2enhancement upon which sentence is imposed under any provision
3of law. A term of imprisonment shall not be specified if imposition
4of sentence is suspended.

5(c) The court shall state the reasons for its sentence choice on
6the record at the time of sentencing. The court shall also inform
7the defendant that as part of the sentence after expiration of the
8term he or she may be on parole for a period as provided in Section
93000 or 3000.08 or postrelease community supervision for a period
10as provided in Section 3451.

11(d) (1) When a defendant subject to this section or subdivision
12(b) of Section 1168 has been sentenced to be imprisoned in the
13state prison or county jail pursuant to subdivision (h) and has been
14committed to the custody of the secretary or the county correctional
15administrator, the court may, within 120 days of the date of
16commitment on its own motion, or at any time upon the
17recommendation of the secretary or the Board of Parole Hearings
18in the case of state prison inmates, or the county correctional
19administrator in the case of county jail inmates, recall the sentence
20and commitment previously ordered and resentence the defendant
21in the same manner as if he or she had not previously been
22sentenced, provided the new sentence, if any, is no greater than
23the initial sentence. The court resentencing under this subdivision
24shall apply the sentencing rules of the Judicial Council so as to
25eliminate disparity of sentences and to promote uniformity of
26sentencing. Credit shall be given for time served.

27(2) (A) (i) When a defendant who was under 18 years of age
28at the time of the commission of the offense for which the
29defendant was sentenced to imprisonment for life without the
30possibility of parole has served at least 15 years of that sentence,
31the defendant may submit to the sentencing court a petition for
32recall and resentencing.

33(ii) Notwithstanding clause (i), this paragraph shall not apply
34to defendants sentenced to life without parole for an offense where
35the defendant tortured, as described in Section 206, his or her
36victim or the victim was a public safety official, including any law
37enforcement personnel mentioned in Chapter 4.5 (commencing
38with Section 830) of Title 3, or any firefighter as described in
39Section 245.1, as well as any other officer in any segment of law
P16   1enforcement who is employed by the federal government, the state,
2or any of its political subdivisions.

3(B) The defendant shall file the original petition with the
4sentencing court. A copy of the petition shall be served on the
5agency that prosecuted the case. The petition shall include the
6defendant’s statement that he or she was under 18 years of age at
7the time of the crime and was sentenced to life in prison without
8the possibility of parole, the defendant’s statement describing his
9or her remorse and work towards rehabilitation, and the defendant’s
10statement that one of the following is true:

11(i) The defendant was convicted pursuant to felony murder or
12aiding and abetting murder provisions of law.

13(ii) The defendant does not have juvenile felony adjudications
14for assault or other felony crimes with a significant potential for
15personal harm to victims prior to the offense for which the sentence
16is being considered for recall.

17(iii) The defendant committed the offense with at least one adult
18codefendant.

19(iv) The defendant has performed acts that tend to indicate
20rehabilitation or the potential for rehabilitation, including, but not
21limited to, availing himself or herself of rehabilitative, educational,
22or vocational programs, if those programs have been available at
23his or her classification level and facility, using self-study for
24 self-improvement, or showing evidence of remorse.

25(C) If any of the information required in subparagraph (B) is
26missing from the petition, or if proof of service on the prosecuting
27agency is not provided, the court shall return the petition to the
28defendant and advise the defendant that the matter cannot be
29considered without the missing information.

30(D) A reply to the petition, if any, shall be filed with the court
31within 60 days of the date on which the prosecuting agency was
32served with the petition, unless a continuance is granted for good
33cause.

34(E) If the court finds by a preponderance of the evidence that
35the statements in the petition are true, the court shall hold a hearing
36to consider whether to recall the sentence and commitment
37previously ordered and to resentence the defendant in the same
38manner as if the defendant had not previously been sentenced,
39provided that the new sentence, if any, is not greater than the initial
P17   1sentence. Victims, or victim family members if the victim is
2deceased, shall retain the rights to participate in the hearing.

3(F) The factors that the court may consider when determining
4whether to recall and resentence include, but are not limited to,
5the following:

6(i) The defendant was convicted pursuant to felony murder or
7aiding and abetting murder provisions of law.

8(ii) The defendant does not have juvenile felony adjudications
9for assault or other felony crimes with a significant potential for
10personal harm to victims prior to the offense for which the sentence
11is being considered for recall.

12(iii) The defendant committed the offense with at least one adult
13codefendant.

14(iv) Prior to the offense for which the sentence is being
15considered for recall, the defendant had insufficient adult support
16or supervision and had suffered from psychological or physical
17trauma, or significant stress.

18(v) The defendant suffers from cognitive limitations due to
19mental illness, developmental disabilities, or other factors that did
20not constitute a defense, but influenced the defendant’s
21involvement in the offense.

22(vi) The defendant has performed acts that tend to indicate
23rehabilitation or the potential for rehabilitation, including, but not
24limited to, availing himself or herself of rehabilitative, educational,
25or vocational programs, if those programs have been available at
26his or her classification level and facility, using self-study for
27 self-improvement, or showing evidence of remorse.

28(vii) The defendant has maintained family ties or connections
29with others through letter writing, calls, or visits, or has eliminated
30contact with individuals outside of prison who are currently
31involved with crime.

32(viii) The defendant has had no disciplinary actions for violent
33activities in the last five years in which the defendant was
34determined to be the aggressor.

35(G) The court shall have the discretion to recall the sentence
36and commitment previously ordered and to resentence the
37defendant in the same manner as if the defendant had not
38previously been sentenced, provided that the new sentence, if any,
39is not greater than the initial sentence. The discretion of the court
40shall be exercised in consideration of the criteria in subparagraph
P18   1(B). Victims, or victim family members if the victim is deceased,
2shall be notified of the resentencing hearing and shall retain their
3rights to participate in the hearing.

4(H) If the sentence is not recalled, the defendant may submit
5another petition for recall and resentencing to the sentencing court
6when the defendant has been committed to the custody of the
7department for at least 20 years. If recall and resentencing is not
8granted under that petition, the defendant may file another petition
9after having served 24 years. The final petition may be submitted,
10and the response to that petition shall be determined, during the
1125th year of the defendant’s sentence.

12(I) In addition to the criteria in subparagraph (F), the court may
13consider any other criteria that the court deems relevant to its
14decision, so long as the court identifies them on the record,
15provides a statement of reasons for adopting them, and states why
16the defendant does or does not satisfy the criteria.

17(J) This subdivision shall have retroactive application.

18(e) (1) Notwithstanding any other law and consistent with
19paragraph (1) of subdivision (a), if the secretary or the Board of
20Parole Hearings or both determine that a prisoner satisfies the
21criteria set forth in paragraph (2), the secretary or the board may
22recommend to the court that the prisoner’s sentence be recalled.

23(2) The court shall have the discretion to resentence or recall if
24the court finds that the facts described in subparagraphs (A) and
25(B) or subparagraphs (B) and (C) exist:

26(A) The prisoner is terminally ill with an incurable condition
27caused by an illness or disease that would produce death within
28six months, as determined by a physician employed by the
29department.

30(B) The conditions under which the prisoner would be released
31or receive treatment do not pose a threat to public safety.

32(C) The prisoner is permanently medically incapacitated with
33a medical condition that renders him or her permanently unable
34to perform activities of basic daily living, and results in the prisoner
35requiring 24-hour total care, including, but not limited to, coma,
36persistent vegetative state, brain death, ventilator-dependency, loss
37of control of muscular or neurological function, and that
38incapacitation did not exist at the time of the original sentencing.

39The Board of Parole Hearings shall make findings pursuant to
40this subdivision before making a recommendation for resentence
P19   1or recall to the court. This subdivision does not apply to a prisoner
2sentenced to death or a term of life without the possibility of parole.

3(3) Within 10 days of receipt of a positive recommendation by
4the secretary or the board, the court shall hold a hearing to consider
5whether the prisoner’s sentence should be recalled.

6(4) Any physician employed by the department who determines
7that a prisoner has six months or less to live shall notify the chief
8medical officer of the prognosis. If the chief medical officer
9concurs with the prognosis, he or she shall notify the warden.
10Within 48 hours of receiving notification, the warden or the
11warden’s representative shall notify the prisoner of the recall and
12resentencing procedures, and shall arrange for the prisoner to
13designate a family member or other outside agent to be notified
14as to the prisoner’s medical condition and prognosis, and as to the
15recall and resentencing procedures. If the inmate is deemed
16mentally unfit, the warden or the warden’s representative shall
17contact the inmate’s emergency contact and provide the information
18described in paragraph (2).

19(5) The warden or the warden’s representative shall provide the
20prisoner and his or her family member, agent, or emergency
21contact, as described in paragraph (4), updated information
22throughout the recall and resentencing process with regard to the
23prisoner’s medical condition and the status of the prisoner’s recall
24and resentencing proceedings.

25(6) Notwithstanding any other provisions of this section, the
26prisoner or his or her family member or designee may
27independently request consideration for recall and resentencing
28by contacting the chief medical officer at the prison or the
29secretary. Upon receipt of the request, the chief medical officer
30and the warden or the warden’s representative shall follow the
31 procedures described in paragraph (4). If the secretary determines
32that the prisoner satisfies the criteria set forth in paragraph (2), the
33secretary or board may recommend to the court that the prisoner’s
34sentence be recalled. The secretary shall submit a recommendation
35for release within 30 days in the case of inmates sentenced to
36determinate terms and, in the case of inmates sentenced to
37indeterminate terms, the secretary shall make a recommendation
38to the Board of Parole Hearings with respect to the inmates who
39have applied under this section. The board shall consider this
40information and make an independent judgment pursuant to
P20   1paragraph (2) and make findings related thereto before rejecting
2the request or making a recommendation to the court. This action
3shall be taken at the next lawfully noticed board meeting.

4(7) Any recommendation for recall submitted to the court by
5the secretary or the Board of Parole Hearings shall include one or
6 more medical evaluations, a postrelease plan, and findings pursuant
7to paragraph (2).

8(8) If possible, the matter shall be heard before the same judge
9of the court who sentenced the prisoner.

10(9) If the court grants the recall and resentencing application,
11the prisoner shall be released by the department within 48 hours
12of receipt of the court’s order, unless a longer time period is agreed
13to by the inmate. At the time of release, the warden or the warden’s
14representative shall ensure that the prisoner has each of the
15following in his or her possession: a discharge medical summary,
16full medical records, state identification, parole or postrelease
17community supervision medications, and all property belonging
18to the prisoner. After discharge, any additional records shall be
19 sent to the prisoner’s forwarding address.

20(10) The secretary shall issue a directive to medical and
21correctional staff employed by the department that details the
22guidelines and procedures for initiating a recall and resentencing
23procedure. The directive shall clearly state that any prisoner who
24is given a prognosis of six months or less to live is eligible for
25recall and resentencing consideration, and that recall and
26resentencing procedures shall be initiated upon that prognosis.

27(11) The provisions of this subdivision shall be available to an
28inmate who is sentenced to a county jail pursuant to subdivision
29(h). For purposes of those inmates, “secretary” or “warden” shall
30mean the county correctional administrator and “chief medical
31officer” shall mean a physician designated by the county
32 correctional administrator for this purpose.

33(f) Notwithstanding any other provision of this section, for
34purposes of paragraph (3) of subdivision (h), any allegation that
35a defendant is eligible for state prison due to a prior or current
36conviction, sentence enhancement, or because he or she is required
37to register as a sex offender shall not be subject to dismissal
38pursuant to Section 1385.

P21   1(g) A sentence to state prison for a determinate term for which
2only one term is specified, is a sentence to state prison under this
3section.

4(h) (1) Except as provided in paragraph (3), a felony punishable
5pursuant to this subdivision where the term is not specified in the
6underlying offense shall be punishable by a term of imprisonment
7in a county jail for 16 months, or two or three years.

8(2) Except as provided in paragraph (3), a felony punishable
9pursuant to this subdivision shall be punishable by imprisonment
10in a county jail for the term described in the underlying offense.

11(3) Notwithstanding paragraphs (1) and (2), where the defendant
12(A) has a prior or current felony conviction for a serious felony
13described in subdivision (c) of Section 1192.7 or a prior or current
14conviction for a violent felony described in subdivision (c) of
15Section 667.5, (B) has a prior felony conviction in another
16jurisdiction for an offense that has all the elements of a serious
17felony described in subdivision (c) of Section 1192.7 or a violent
18felony described in subdivision (c) of Section 667.5, (C) is required
19to register as a sex offender pursuant to Chapter 5.5 (commencing
20with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
21and as part of the sentence an enhancement pursuant to Section
22186.11 is imposed, an executed sentence for a felony punishable
23pursuant to this subdivision shall be served in state prison.

24(4) Nothing in this subdivision shall be construed to prevent
25other dispositions authorized by law, including pretrial diversion,
26deferred entry of judgment, or an order granting probation pursuant
27to Section 1203.1.

28(5) (A) Unless the court finds, in the interest of justice, that it
29is not appropriate in a particular case, the court, when imposing a
30sentence pursuant to paragraph (1) or (2), shall suspend execution
31of a concluding portion of the term for a period selected at the
32court’s discretion.

33(B) The portion of a defendant’s sentenced term that is
34suspended pursuant to this paragraph shall be known as mandatory
35 supervision, and, unless otherwise ordered by the court, shall
36commence upon release from physical custody or an alternative
37custody program, whichever is later. During the period of
38mandatory supervision, the defendant shall be supervised by the
39county probation officer in accordance with the terms, conditions,
40and procedures generally applicable to persons placed on probation,
P22   1for the remaining unserved portion of the sentence imposed by the
2court. The period of supervision shall be mandatory, and may not
3be earlier terminated except by court order. Any proceeding to
4revoke or modify mandatory supervision under this subparagraph
5shall be conducted pursuant to either subdivisions (a) and (b) of
6Section 1203.2 or Section 1203.3. During the period when the
7defendant is under that supervision, unless in actual custody related
8to the sentence imposed by the court, the defendant shall be entitled
9to only actual time credit against the term of imprisonment imposed
10by the court. Any time period which is suspended because a person
11has absconded shall not be credited toward the period of
12supervision.

13(6) The sentencing changes made by the act that added this
14subdivision shall be applied prospectively to any person sentenced
15on or after October 1, 2011.

16(7) The sentencing changes made to paragraph (5) by the act
17that added this paragraph shall become effective and operative on
18January 1, 2015, and shall be applied prospectively to any person
19sentenced on or after January 1, 2015.

20(i) This section shall become operative on January 1, 2017.

21

SEC. 3.  

Section 1170.3 of the Penal Code, as amended by
22Section 19 of Chapter 26 of the Statutes of 2014, is amended to
23read:

24

1170.3.  

The Judicial Council shall seek to promote uniformity
25in sentencing under Section 1170 by:

26(a) The adoption of rules providing criteria for the consideration
27of the trial judge at the time of sentencing regarding the court’s
28decision to:

29(1) Grant or deny probation.

30(2) Impose the lower, middle, or upper prison term.

31(3) Impose the lower, middle, or upper term pursuant to
32paragraph (1) or (2) of subdivision (h) of Section 1170.

33(4) Impose concurrent or consecutive sentences.

34(5) Determine whether or not to impose an enhancement where
35that determination is permitted by law.

36(6) Deny a period of mandatory supervision in the interests of
37justice under paragraph (5) of subdivision (h) of Section 1170 or
38determine the appropriate period and conditions of mandatory
39supervision. The rules implementing this paragraph shall be
40adopted no later than January 1, 2015.

begin delete

P23   1(7) Determine the county or jurisdictional territory of
2incarceration when the court is imposing a sentence pursuant to
3subdivision (h) of Section 1170 concurrent or consecutive to a
4sentence previously imposed pursuant to subdivision (h) of Section
51170 in another county or jurisdictional territory.

end delete

6(b) The adoption of rules standardizing the minimum content
7and the sequential presentation of material in probation officer
8reports submitted to the court regarding probation and mandatory
9supervision under paragraph (5) of subdivision (h) of Section 1170.

10(c) This section shall remain in effect only until January 1, 2017,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2017, deletes or extends that date.

13

SEC. 4.  

Section 1170.3 of the Penal Code, as amended by
14Section 20 of Chapter 26 of the Statutes of 2014, is amended to
15read:

16

1170.3.  

The Judicial Council shall seek to promote uniformity
17in sentencing under Section 1170 by:

18(a) The adoption of rules providing criteria for the consideration
19of the trial judge at the time of sentencing regarding the court’s
20decision to:

21(1) Grant or deny probation.

22(2) Impose the lower or upper prison term.

23(3) Impose the lower or upper term pursuant to paragraph (1)
24or (2) of subdivision (h) of Section 1170.

25(4) Impose concurrent or consecutive sentences.

26(5) Determine whether or not to impose an enhancement where
27that determination is permitted by law.

28(6) Deny a period of mandatory supervision in the interests of
29justice under paragraph (5) of subdivision (h) of Section 1170 or
30determine the appropriate period and conditions of mandatory
31supervision. The rules implementing this paragraph shall be
32adopted no later than January 1, 2015.

begin delete

33(7) Determine the county or jurisdictional territory of
34incarceration when the court is imposing a sentence pursuant to
35subdivision (h) of Section 1170 concurrent or consecutive to a
36sentence previously imposed pursuant to subdivision (h) of Section
371170 in another county or jurisdictional territory.

end delete

38(b) The adoption of rules standardizing the minimum content
39and the sequential presentation of material in probation officer
P24   1reports submitted to the court regarding probation and mandatory
2supervision under paragraph (5) of subdivision (h) of Section 1170.

3(c) This section shall become operative on January 1, 2017.

4

SEC. 5.  

Section 3451 of the Penal Code is amended to read:

5

3451.  

(a) Notwithstanding any other law and except for persons
6serving a prison term for any crime described in subdivision (b),
7all persons released from prison on and after October 1, 2011, or,
8whose sentence has been deemed served pursuant to Section 2900.5
9after serving a prison term for a felony shall, upon release from
10prison and for a period not exceeding three years immediately
11following release, be subject to community supervision provided
12by the probation department of the county to which the person is
13beingbegin delete releasedend deletebegin insert released,end insert which is consistent with evidence-based
14practices, including, but not limited to, supervision policies,
15procedures, programs, and practices demonstrated by scientific
16research to reduce recidivism among individuals under postrelease
17supervision.

18(b) This section shall not apply to any person released from
19prison after having served a prison term for any of the following:

20(1) A serious felony described in subdivision (c) of Section
211192.7.

22(2) A violent felony described in subdivision (c) of Section
23667.5.

24(3) A crime for which the person was sentenced pursuant to
25paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
26of subdivision (c) of Section 1170.12.

27(4) Any crime for which the person is classified as abegin delete high riskend delete
28begin insert high-riskend insert sex offender.

29(5) Any crime for which the person is required, as a condition
30of parole, to undergo treatment by the State Department of State
31Hospitals pursuant to Section 2962.

32(c) (1) Postrelease supervision under this title shall be
33implemented by the county probation department according to a
34postrelease strategy designated by each county’s board of
35supervisors.

36(2) The Department of Corrections and Rehabilitation shall
37inform every prisoner subject to the provisions of this title, upon
38release from state prison, of the requirements of this title and of
39his or her responsibility to report to the county probation
40department. The department or probation department shall also
P25   1inform persons serving a term of parole or postrelease community
2supervision for a felony offense who are subject to this section of
3the requirements of this title and of his or her responsibility to
4report to the county probation department. Thirty days prior to the
5release of any person subject to postrelease supervision by a
6county, the department shall notify the county of all information
7that would otherwise be required for parolees under subdivision
8(e) of Section 3003.

9(d) A person released to postrelease community supervision
10pursuant to subdivision (a) shall, regardless of any subsequent
11determination that the person should have been released to parole
12pursuant to Section 3000.08, remain subject to subdivision (a) after
13having served 60 days under supervision pursuant to subdivision
14(a).

15

SEC. 6.  

Section 4852.01 of the Penal Code is amended to read:

16

4852.01.  

(a) 

17A person convicted of a felony who is committed to a state prison
18or other institution or agency, including commitment to a county
19jail pursuant to subdivision (h) of Section 1170, may file a petition
20for a certificate of rehabilitation and pardon pursuant to the
21provisions of this chapter.

22(b) A person convicted of a felony or a person who is convicted
23of a misdemeanor violation of any sex offense specified in Section
24290, the accusatory pleading of which has been dismissed pursuant
25to Section 1203.4, may file a petition for certificate of rehabilitation
26and pardon pursuant to the provisions of this chapter if the
27 petitioner has not been incarcerated in a prison, jail, detention
28facility, or other penal institution or agency since the dismissal of
29the accusatory pleading, is not on probation for the commission
30of any other felony, and the petitioner presents satisfactory
31evidence of five years’ residence in this state prior to the filing of
32the petition.

33(c) This chapter does not apply to persons serving a mandatory
34life parole, persons committed under death sentences, persons
35convicted of a violation of Section 269, subdivision (c) of Section
36286, Section 288, subdivision (c) of Section 288a, Section 288.5,
37Section 288.7, or subdivision (j) of Section 289, or persons in
38military service.

39(d) Notwithstanding any other law, the Governor has the right
40to pardon a person convicted of a violation of Section 269,
P26   1subdivision (c) of Section 286, Section 288, subdivision (c) of
2Section 288a, Section 288.5, Section 288.7, or subdivision (j) of
3Section 289, if there are extraordinary circumstances.

4

SEC. 7.  

Section 4852.03 of the Penal Code is amended to read:

5

4852.03.  

(a) The period of rehabilitation commences upon the
6discharge of the petitioner from custody due to his or her
7completion of the term to which he or she was sentenced or upon
8his or her release on parole, postrelease community supervision,
9mandatory supervision, or probation, whichever is sooner. For
10purposes of this chapter, the period of rehabilitation shall constitute
11five years’ residence in this state, plus a period of time determined
12by the following rules:

13(1) An additional four years in the case of a person convicted
14of violating Section 187, 209, 219, 4500, or 18755 of this code,
15or subdivision (a) of Section 1672 of the Military and Veterans
16Code, or of committing any other offense which carries a life
17sentence.

18(2) An additional five years in the case of a person convicted
19of committing an offense or attempted offense for which sex
20offender registration is required pursuant to Section 290, except
21that in the case of a person convicted of a violation of subdivision
22(b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or
23 314, an additional two years.

24(3) An additional two years in the case of a person convicted
25of committing an offense that is not listed in paragraph (1) or
26paragraph (2) and that does not carry a life sentence.

27(4) The trial court hearing the application for the certificate of
28rehabilitation may, if the defendant was ordered to serve
29consecutive sentences, order that the statutory period of
30rehabilitation be extended for an additional period of time which
31when combined with the time already served will not exceed the
32period prescribed by statute for the sum of the maximum penalties
33for all the crimes.

34(b) Unless and until the period of rehabilitation required by
35subdivision (a) has passed, the petitioner shall be ineligible to file
36his or her petition for a certificate of rehabilitation with the court.
37A certificate of rehabilitation that is issued and under which the
38petitioner has not fulfilled the requirements of this chapter shall
39be void.

P27   1(c) A change of residence within this state does not interrupt
2the period of rehabilitation prescribed by this section.

3

SEC. 8.  

Section 4852.04 of the Penal Code is amended to read:

4

4852.04.  

Each person who may initiate the proceedings
5provided for in this chapter shall be entitled to receive counsel and
6assistance from all rehabilitative agencies, including the adult
7probation officer of the county and all state parole officers, and,
8in the case of persons under 30 years of age, from the Department
9of Corrections and Rehabilitation, Division of Juvenile Facilities.

10

SEC. 9.  

Section 4852.06 of the Penal Code is amended to read:

11

4852.06.  

After the expiration of the minimum period of
12rehabilitation applicable to him or her and after the termination of
13 parole, probation, postrelease supervision, or mandatory
14supervision, a person who has complied with the requirements of
15Section 4852.05 may file in the superior court of the county in
16which he or she then resides a petition for ascertainment and
17declaration of the fact of his or her rehabilitation and of matters
18incident thereto, and for a certificate of rehabilitation under this
19chapter. A petition shall not be filed until and unless the petitioner
20has continuously resided in this state, after leaving prison or jail,
21for a period of not less than five years immediately preceding the
22date of filing the petition.

23

SEC. 10.  

Section 4852.1 of the Penal Code is amended to read:

24

4852.1.  

(a) The court in which the petition is filed may require
25testimony as it deems necessary, and the production, for the use
26of the court and without expense of any kind to the petitioner, of
27all records and reports relating to the petitioner and the crime of
28which he or she was convicted, including the following:

29(1) The record of the trial.

30(2) The report of the probation officer, if any.

31(3) The records of the prison, jail, detention facility, or other
32penal institution from which the petitioner has been released
33showing his or her conduct during the time he or she was there,
34including the records of the penal institution, jail, or agency doctor
35and psychiatrist.

36(4) The records of the parole officer concerning the petitioner
37if the petitioner was released on parole, records of the probation
38officer concerning the petitioner if the petitioner was released on
39postrelease community supervision or mandatory supervision, or
40the records of the Department of Corrections and Rehabilitation,
P28   1Division of Juvenile Facilities concerning the petitioner if the
2petitioner had been committed to that authority.

3(5) The written reports or records of any other law enforcement
4agency concerning the conduct of the petitioner since the
5petitioner’s release on probation, parole, postrelease community
6supervision, or mandatory supervision, or discharge from custody.

7(b) A person having custody of any of the records described in
8subdivision (a) shall make them available for the use of the court
9in the proceeding.

10

SEC. 11.  

Section 4852.21 of the Penal Code is amended to
11read:

12

4852.21.  

(a) A person to whom this chapter applies shall, prior
13to discharge or release on parolebegin insert or postrelease community
14supervisionend insert
from a state prison or other state penal institution or
15agency, or prior to discharge or release onbegin delete postrelease community
16supervision orend delete
mandatory supervision from a county jail, be
17informed in writing by the official in charge of the place of
18confinement of the person’s right to petition for, and of the
19procedure for filing the petition for and obtaining, a certificate of
20rehabilitation and pardon pursuant to this chapter.

21(b) Prior to dismissal of the accusatory pleading pursuant to
22Section 1203.4, the defendant shall be informed in writing by the
23clerk of the court dismissing the accusatory pleading of the
24defendant’s right, if any, to petition for, and of the procedure for
25filing a petition for and obtaining, a certificate of rehabilitation
26and pardon pursuant to this chapter.

27

SEC. 12.  

Section 41500 of the Vehicle Code is amended to
28read:

29

41500.  

(a) A person shall not be subject to prosecution for a
30nonfelony offense arising out of the operation of a motor vehicle
31or violation of this code as a pedestrian that is pending against him
32or her at the time of his or her commitment to the custody of the
33 Secretary of the Department of Corrections and Rehabilitation,
34the Division of Juvenile Justice in the Department of Corrections
35and Rehabilitation, or to a county jail pursuant to subdivision (h)
36of Section 1170 of the Penal Code.

37(b) Notwithstanding any other law, a driver’s license shall not
38be suspended or revoked, and the issuance or renewal of a license
39shall not be refused as a result of a pending nonfelony offense
40occurring prior to the time a person was committed to the custody
P29   1of the Secretary of the Department of Corrections and
2Rehabilitation, the Division of Juvenile Justice of the Department
3of Corrections and Rehabilitation, or a county jail pursuant to
4subdivision (h) of Section 1170 of the Penal Code, or as a result
5of a notice received by the department pursuant to subdivision (a)
6of Section 40509 when the offense that gave rise to the notice
7occurred prior to the time a person was committed to the custody
8of the Secretary of the Department of Corrections and
9Rehabilitation or the Division of Juvenile Justice of the Department
10of Corrections and Rehabilitation.

11(c) The department shall remove from its records notice received
12by it pursuant to subdivision (a) of Section 40509 upon receipt of
13satisfactory evidence that a person was committed to the custody
14of the Secretary of the Department of Corrections and
15Rehabilitation, the Division of Juvenile Justice of the Department
16of Corrections and Rehabilitation, or a county jail pursuant to
17subdivision (h) of Section 1170 of the Penal Code, after the offense
18that gave rise to the notice occurred.

19(d) The provisions of this section shall not apply to a nonfelony
20offense if the department is required by this code to immediately
21revoke or suspend the privilege of a person to drive a motor vehicle
22upon receipt of a duly certified abstract of the record of a court
23showing that the person has been convicted of that nonfelony
24offense.

25(e) The provisions of subdivisions (a), (b), and (c) do not apply
26to an offense committed by a person while he or she is temporarily
27released from custody pursuant to law or while he or she is on
28parole or postrelease community supervision.

29(f) The provisions of subdivisions (a), (b), and (c) do not apply
30if the pending offense is a violation of Section 23103, 23152, or
3123153.

32

SEC. 13.  

If the Commission on State Mandates determines
33that this act contains costs mandated by the state, reimbursement
34to local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.



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