BILL NUMBER: SB 443	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 15, 2012
	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  MAY 17, 2011
	AMENDED IN SENATE  APRIL 26, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator  Strickland   Emmerson

    (   Principal coauthor: 
 Assembly Member   Achadjian 
 ) 
    (   Coauthor:   Senator
  Blakeslee   ) 

                        FEBRUARY 16, 2011

   An act  to amend Sections 1170, 3456, and 12022 of the Penal
Code,  relating to  a veterans' memorial  
sentencing  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 443, as amended,  Strickland   Emmerson
 .  Veterans' memorial.   Sentencing:
felonies.  
   Existing law generally provides that nonviolent and nonserious
felonies are punishable by imprisonment in a county jail for 16
months, or 2 or 3 years, or, where the term is specified, for the
term described in the underlying offense. Notwithstanding these
provisions, existing law requires that a sentence be served in state
prison if the defendant has a prior or current conviction for a
serious or violent felony, has a prior felony conviction in another
jurisdiction that has all of the elements of a serious or violent
felony, is required to register as a sex offender, or has an
aggravated white collar crime enhancement imposed as part of the
sentence.  
   This bill would specify that no further pleading or proof of an
offense, prior conviction, enhancement, or requirement to register as
a sex offender that makes a person ineligible to serve a term of
imprisonment in a county jail pursuant to those provisions is
required. The bill would also require that a person convicted of one
or more felonies committed while the person is on mandatory
supervision serve the remaining time on the mandatory supervision
term, as well as the new term of imprisonment, in state prison. The
bill would provide that any person sentenced to mandatory supervision
upon suspension of execution of his or her county jail term, and his
or her residence and possessions, would be subject to search or
seizure at any time, with or without a warrant and with or without
cause, by an agent of the supervising county agency or by a peace
officer, as specified.  
   Under the Postrelease Community Supervision Act of 2011, certain
felons, upon release from prison, are subject to community
supervision provided by a county agency designated by the county's
board of supervisors, and requires the county agency to maintain
postrelease supervision over the person until one of specified listed
events occurs, including, but not limited to, if jurisdiction over
the person has been terminated by operation of law.  
   This bill would expand the list of events that terminates
postrelease supervision to include termination of jurisdiction by a
new term of imprisonment for 3 years or longer for a new criminal
conviction. The bill would also specify that time during which a
person on postrelease supervision is in custody for a custodial
sanction of a postrelease supervision condition or a new criminal
conviction shall not be credited toward a discretionary 6-month
discharge or a mandatory 12-month discharge.  
   Existing law provides for a sentence enhancement of an additional
and consecutive term of imprisonment of 3, 4, or 5 years in a county
jail for any person who is armed with a firearm in the commission of
a violation or attempted violation of certain offenses relating to
the sale, manufacture, or possession of controlled substances. 

   This bill would provide for a sentence enhancement of an
additional and consecutive term of imprisonment for 3, 4, or 5 years
in state prison instead of a county jail.  
   Existing law provides that the Department of Transportation has
full possession and control of all state highways. Under existing
law, if the department determines that real property is no longer
necessary for highway purposes, the department may sell or exchange
the real property based on terms established by the California
Transportation Commission.  
   This bill would authorize the Department of Transportation to sell
excess real property in the state-owned area associated with the
park-and-ride lot at the Clark Avenue West exit from State Highway
Route 135 in the Town of Orcutt to the County of Santa Barbara for
purposes of erecting a veterans' memorial.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Town of Orcutt. 

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1170 of the   Penal
Code   , as amended by Section 6.7 of Chapter 361 of the
Statutes of 2011, is amended to read: 
   1170.  (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
   (2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
   (3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
   (b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the choice of the appropriate
term shall rest within the sound discretion of the court. At least
four days prior to the time set for imposition of judgment, either
party or the victim, or the family of the victim if the victim is
deceased, may submit a statement in aggravation or mitigation. In
determining the appropriate term, the court may consider the record
in the case, the probation officer's report, other reports, including
reports received pursuant to Section 1203.03, and statements in
aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall select the term which, in the court's
discretion, best serves the interests of justice. The court shall set
forth on the record the reasons for imposing the term selected and
the court may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision of
law. A term of imprisonment shall not be specified if imposition of
sentence is suspended.
   (c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.
   (d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
   (e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
   (2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
   (A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
   (B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
   (C)  (i)    The prisoner is permanently
medically incapacitated with a medical condition that renders him or
her permanently unable to perform activities of basic daily living,
and results in the prisoner requiring 24-hour total care, including,
but not limited to, coma, persistent vegetative state, brain death,
ventilator-dependency, loss of control of muscular or neurological
function, and that incapacitation did not exist at the time of the
original sentencing. 
   The 
    (ii)     The  Board of Parole Hearings
shall make findings pursuant to this subdivision before making a
recommendation for resentence or recall to the court. This
subdivision does not apply to a prisoner sentenced to death or a term
of life without the possibility of parole.
   (3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
   (4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
   (5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
   (6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
   (7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
   (8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
   (9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
   (10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
   (f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any  allegation
  factor  that  makes  a defendant
 is  eligible for state prison due to a prior or
current conviction, sentence enhancement, or because he or she is
required to register as a sex offender shall not be subject to
dismissal pursuant to Section 1385.
   (g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
   (h) (1) Except as provided in  paragraph  
paragraphs  (3)  and (6)  , a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment in a
county jail for 16 months, or two or three years.
   (2) Except as provided in  paragraph  
paragraphs  (3)  and (6)  , a felony punishable
pursuant to this subdivision shall be punishable by imprisonment in a
county jail for the term described in the underlying offense.
   (3) Notwithstanding paragraphs (1) and (2), where the defendant
(A) has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7 or a prior or current
conviction for a violent felony described in subdivision (c) of
Section 667.5, (B) has a prior felony conviction in another
jurisdiction for an offense that has all the elements of a serious
felony described in subdivision (c) of Section 1192.7 or a violent
felony described in subdivision (c) of Section 667.5, (C) is required
to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1, or (D) is convicted of a
crime and as part of the sentence an enhancement pursuant to Section
186.11 is imposed, an executed sentence for a felony punishable
pursuant to this subdivision shall be served in state prison. 
Notwithstanding any other   law, no   further
pleading or proof of an offense, prior conviction, enhancement, or
requirement to register as a sex offender, that   makes a
person ineligible to serve a term of imprisonment in a county jail
pursuant to this paragraph, is required. 
   (4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.
   (5) The court, when imposing a sentence pursuant to paragraph (1)
or (2) of this subdivision, may commit the defendant to county jail
as follows:
   (A) For a full term in custody as determined in accordance with
the applicable sentencing law.
   (B) For a term as determined in accordance with the applicable
sentencing law, but suspend execution of a concluding portion of the
term selected in the court's discretion, during which time the
defendant shall be supervised by the county probation officer in
accordance with the terms, conditions, and procedures generally
applicable to persons placed on probation, for the remaining unserved
portion of the sentence imposed by the court. The period of
supervision shall be mandatory, and may not be earlier terminated
except by court order. During the period when the defendant is under
such supervision, unless in actual custody related to the sentence
imposed by the court, the defendant shall be entitled to only actual
time credit against the term of imprisonment imposed by the court.
 Every person sentenced pursuant to this subparagraph, and his or
her residence and possessions, shall be subject to search or seizure
at any time, with or without a warrant and with or without cause, by
an agent of the supervising county agency or by a peace officer with
the approval of the supervising   county a  
gency.  
   (6) In the case of any person convicted of one or more felonies
committed while the person is on mandatory supervision pursuant to
subparagraph (B) of paragraph (5), the remaining time the person has
on the mandatory supervision term shall be served in state prison,
and the new term of imprisonment shall be served in state prison and
shall commence from the time the person would otherwise have
completed the mandatory supervision term.  
   (6) 
    (7)  The sentencing changes made by the act that added
this subdivision shall be applied prospectively to any person
sentenced on or after October 1, 2011.
   (i)This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute,
that is enacted before that date, deletes or extends that date.
   SEC. 2.   Section 1170 of the   Penal Code
  , as amended by Section 7.7 of Chapter 361 of the Statutes
of 2011, is amended to read: 
   1170.  (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
   (2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
   (3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
   (b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports,
including reports received pursuant to Section 1203.03, and
statements in aggravation or mitigation submitted by the prosecution,
the defendant, or the victim, or the family of the victim if the
victim is deceased, and any further evidence introduced at the
sentencing hearing. The court shall set forth on the record the facts
and reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
   (c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.
   (d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
   (e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
   (2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
   (A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
   (B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
   (C)  (i)    The prisoner is permanently
medically incapacitated with a medical condition that renders him or
her permanently unable to perform activities of basic daily living,
and results in the prisoner requiring 24-hour total care, including,
but not limited to, coma, persistent vegetative state, brain death,
ventilator-dependency, loss of control of muscular or neurological
function, and that incapacitation did not exist at the time of the
original sentencing. 
   The 
    (ii)     The  Board of Parole Hearings
shall make findings pursuant to this subdivision before making a
recommendation for resentence or recall to the court. This
subdivision does not apply to a prisoner sentenced to death or a term
of life without the possibility of parole.
   (3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
   (4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
   (5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
   (6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
   (7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
   (8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
   (9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the
        prisoner's forwarding address.
   (10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
   (f) Notwithstanding any other provision of this section, for
purposes of paragraph (3) of subdivision (h), any  allegation
  factor  that  makes  a defendant
 is  eligible for state prison due to a prior or
current conviction, sentence enhancement, or because he or she is
required to register as a sex offender shall not be subject to
dismissal pursuant to Section 1385.
   (g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
   (h) (1) Except as provided in paragraph  
paragraphs  (3)  and (6)  , a felony punishable
pursuant to this subdivision where the term is not specified in the
underlying offense shall be punishable by a term of imprisonment in a
county jail for 16 months, or two or three years.
   (2) Except as provided in  paragraph  
paragraphs  (3)  and (6)  , a felony punishable
pursuant to this subdivision shall be punishable by imprisonment in a
county jail for the term described in the underlying offense.
   (3) Notwithstanding paragraphs (1) and (2), where the defendant
(A) has a prior or current felony conviction for a serious felony
described in subdivision (c) of Section 1192.7 or a prior or current
conviction for a violent felony described in subdivision (c) of
Section 667.5, (B) has a prior felony conviction in another
jurisdiction for an offense that has all of the elements of a serious
felony described in subdivision (c) of Section 1192.7 or a violent
felony described in subdivision (c) of Section 667.5, (C) is required
to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1, or (D) is convicted of a
crime and as part of the sentence an enhancement pursuant to Section
186.11 is imposed, an executed sentence for a felony punishable
pursuant to this subdivision shall be served in state prison. 
Notwithstanding any other   law, no further pleading or
proof of an offense, prior conviction, enhancement, or requirement to
register as a sex offender, that makes a person ineligible to serve
a term of imprisonment in a county jail pursuant to this paragraph,
is required. 
   (4) Nothing in this subdivision shall be construed to prevent
other dispositions authorized by law, including pretrial diversion,
deferred entry of judgment, or an order granting probation pursuant
to Section 1203.1.
   (5) The court, when imposing a sentence pursuant to paragraph (1)
or (2) of this subdivision, may commit the defendant to county jail
as follows:
   (A) For a full term in custody as determined in accordance with
the applicable sentencing law.
   (B) For a term as determined in accordance with the applicable
sentencing law, but suspend execution of a concluding portion of the
term selected in the court's discretion, during which time the
defendant shall be supervised by the county probation officer in
accordance with the terms, conditions, and procedures generally
applicable to persons placed on probation, for the remaining unserved
portion of the sentence imposed by the court. The period of
supervision shall be mandatory, and may not be earlier terminated
except by court order. During the period when the defendant is under
such supervision, unless in actual custody related to the sentence
imposed by the court, the defendant shall be entitled to only actual
time credit against the term of imprisonment imposed by the court.
 Every person sentenced   pursuant to this subparagraph,
and his or her residence and possessions, shall be subject to search
or seizure at any time, with or without a warrant, and with or
without cause, by an agent of the supervising county agency or by a
peace officer with the approval of the supervising county agency.
 
   (6) In the case of any person convicted of one or more felonies
committed while the person is on mandatory supervision pursuant to
subparagraph (B) of paragraph (5), the remaining time the person has
on the mandatory supervision term shall be served in state prison,
and the new term of imprisonment shall be served in state prison and
shall commence from the time the person would otherwise have
completed the mandatory supervision term.  
   (6) 
    (7)  The sentencing changes made by the act that added
this subdivision shall be applied prospectively to any person
sentenced on or after October 1, 2011.
   (i) This section shall become operative on January 1, 2014.
   SEC. 3.    Section 3456 of the   Penal Code
  is amended to read: 
   3456.  (a) The county agency responsible for postrelease
supervision, as established by the county board of supervisors
pursuant to subdivision (a) of Section 3451, shall maintain
postrelease supervision over a person under postrelease supervision
pursuant to this title until one of the following events occurs:
   (1) The person has been subject to postrelease supervision
pursuant to this title for three years at which time the offender
shall be immediately discharged from postrelease supervision.
   (2) Any person on postrelease supervision for six consecutive
months with no violations of his or her conditions of postrelease
supervision that result in a custodial sanction may be considered for
immediate discharge by the supervising county.
   (3) The person who has been on postrelease supervision
continuously for one year with no violations of his or her conditions
of postrelease supervision that result in a custodial sanction shall
be discharged from supervision within 30 days.
   (4) Jurisdiction over the person has been terminated by operation
of law.
   (5) Jurisdiction is transferred to another supervising county
agency.
   (6) Jurisdiction is terminated by the revocation hearing officer
upon a petition to revoke and terminate supervision by the
supervising county agency. 
   (7) Jurisdiction is terminated by a new term of imprisonment for
three years or longer for a new criminal conviction. 
   (b) Time during which a person on postrelease supervision is
suspended because the person has absconded shall not be credited
toward any period of postrelease supervision. 
   (c) Time during which a person on postrelease supervision is in
custody for a custodial sanction of a postrelease supervision
condition or a new criminal conviction shall not be credited toward a
discretionary six-month discharge pursuant to paragraph (2) of
subdivision (a) or a mandatory 12-month discharge pursuant to
paragraph (3) of subdivision (a). 
   SEC. 4.    Section 12022 of the   Penal Code
  is amended to read: 
   12022.  (a) (1) Except as provided in subdivisions (c) and (d),
any person who is armed with a firearm in the commission of a felony
or attempted felony shall be punished by an additional and
consecutive term of imprisonment pursuant to subdivision (h) of
Section 1170 for one year, unless the arming is an element of that
offense. This additional term shall apply to any person who is a
principal in the commission of a felony or attempted felony if one or
more of the principals is armed with a firearm, whether or not the
person is personally armed with a firearm.
   (2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 30510 or Section 30515, or a machinegun, as defined in
Section 16880, or a .50 BMG rifle, as defined in Section 30530, the
additional and consecutive term described in this subdivision shall
be three years imprisonment pursuant to subdivision (h) of Section
1170 whether or not the arming is an element of the offense of which
the person was convicted. The additional term provided in this
paragraph shall apply to any person who is a principal in the
commission of a felony or attempted felony if one or more of the
principals is armed with an assault weapon or machinegun, or a .50
BMG rifle, whether or not the person is personally armed with an
assault weapon or machinegun, or a .50 BMG rifle.
   (b) (1) Any person who personally uses a deadly or dangerous
weapon in the commission of a felony or attempted felony shall be
punished by an additional and consecutive term of imprisonment
pursuant in the state prison for one year, unless use of a deadly or
dangerous weapon is an element of that offense.
   (2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be in
the state prison for one, two, or three years.
   (3) When a person is found to have personally used a deadly or
dangerous weapon in the commission of a felony or attempted felony as
provided in this subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a nuisance and
disposed of in the manner provided in Sections 18000 and 18005.
   (c) Notwithstanding the enhancement set forth in subdivision (a),
any person who is personally armed with a firearm in the commission
of a violation or attempted violation of Section 11351, 11351.5,
11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code, shall be punished by an additional and
consecutive term of imprisonment  pursuant to subdivision
(h) of Section 1170   in state prison  for three,
four, or five years.
   (d) Notwithstanding the enhancement set forth in subdivision (a),
any person who is not personally armed with a firearm who, knowing
that another principal is personally armed with a firearm, is a
principal in the commission of an offense or attempted offense
specified in subdivision (c), shall be punished by an additional and
consecutive term of imprisonment pursuant to subdivision (h) of
Section 1170 for one, two, or three years.
   (e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
   (f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
subdivision (c) or (d) in an unusual case where the interests of
justice would best be served, if the court specifies on the record
and enters into the minutes the circumstances indicating that the
interests of justice would best be served by that disposition.

  SECTION 1.    Pursuant to Section 118 of the
Streets and Highways Code, the Department of Transportation may sell
excess real property in the state-owned area associated with the
park-and-ride lot at the Clark Avenue West exit from State Highway
Route 135 in the Town of Orcutt to the County of Santa Barbara for
purposes of erecting a veterans' memorial at that location. 

  SEC. 2.    The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique need to erect a
veterans' memorial in the Town of Orcutt in a publicly accessible
location.