SB 922, as introduced, Anderson. Postrelease community supervision.
Existing law generally 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 the probation department in the county to which the person is being released for a period of 3 years immediately following release. Under existing law, postrelease community supervision does not apply to 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, and requires these persons to be subject to parole supervision by the Department of Corrections and Rehabilitation following release from state prison and the jurisdiction of the court in the county in which the parolee is released or resides.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3451 of the Penal Code, as amended by
2Stats. 2015, Ch. 378, Sec. 5., is amended to read:
(a) Notwithstanding any other law and except for persons
4serving a prison term for any crime described in subdivision (b),
5all persons released from prison on and after October 1, 2011, or,
6whose sentence has been deemed served pursuant to Section 2900.5
7after serving a prison term for a felony shall, upon release from
8prison and for a period not exceeding three years immediately
9following release, be subject to community supervision provided
10by the probation department of the county to which the person is
11being released, which is consistent with evidence-based practices,
12including, but not limited to, supervision policies, procedures,
13programs, and practices demonstrated by scientific research to
14reduce recidivism among individuals under postrelease supervision.
15(b) This sectionbegin delete shallend deletebegin insert
doesend insert not apply tobegin delete anyend deletebegin insert aend insert person released
16from prison after having served a prison term for any of the
17following:
18(1) A serious felony described in subdivision (c) of Section
191192.7.
20(2) A violent felony described in subdivision (c) of Section
21667.5.
22(3) A crime for which the person was sentenced pursuant to
23paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
24of subdivision (c) of Section 1170.12.
25(4) begin deleteAny end deletebegin insertA
end insertcrime for which the person is classified as a high-risk
26sex offender.
27(5) begin deleteAny end deletebegin insertA end insertcrime for which the person is required, as a condition
28of parole, to undergo treatment by the State Department of State
29Hospitals pursuant to Section 2962.
30(c) (1) Postrelease supervision under this title shall be
31implemented by the county probation department according to a
32postrelease strategy designated by each county’s board of
33supervisors.
34(2) The Department of Corrections and Rehabilitation shall
35informbegin delete everyend deletebegin insert
eachend insert prisoner subject to the provisions of this title,
36upon release from state prison, of the requirements of this title and
37of his or her responsibility to report to the county probation
38department. The department or probation department shall also
P3 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 ofbegin delete anyend deletebegin insert aend insert 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 ofbegin delete anyend deletebegin insert
aend insert 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).
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