BILL NUMBER: SB 856 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Walters
FEBRUARY 18, 2011
An act to amend Section 3053.2 of the Penal Code, relating to
parole.
LEGISLATIVE COUNSEL'S DIGEST
SB 856, as introduced, Walters. Parole: domestic violence: sexual
abuse: victim's rights.
Existing law requires, upon the request of the victim, or the
victim's parent or legal guardian if the victim is a minor, the Board
of Parole Hearings to impose as a condition of parole for a person
released from prison for an offense involving threatening, stalking,
sexually abusing, harassing, or violent acts in which the victim is a
spouse, farmer spouse, or other victim of domestic violence, that
the parolee comply with any protective orders related to the victim,
as specified.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3053.2 of the Penal Code is amended to read:
3053.2. (a) Upon the request of the victim, or the victim's
parent or legal guardian if the victim is a minor, the parole
authority shall impose the following condition on the parole of a
person released from prison for an offense involving threatening,
stalking, sexually abusing, harassing, or violent acts in which the
victim is a person specified in Section 6211 of the Family Code:
Compliance with a protective order enjoining the parolee from
threatening, stalking, sexually abusing, harassing, or taking further
violent acts against the victim and, if appropriate, compliance with
any or all of the following:
(1) An order prohibiting the parolee from having personal,
telephonic, electronic, media, or written contact with the victim.
(2) An order prohibiting the parolee from coming within at least
100 yards of the victim or , the victim'
s residence , or the victim's workplace.
(3) An order excluding the parolee from the victim's residence.
(b) (1) The parole authority may impose the
following condition on the parole of a person released from prison
for an offense involving threatening, stalking, sexually abusing,
harassing, or violent acts in which the victim is a person specified
in Section 6211 of the Family Code:
For
(2) For persons who committed the
offense prior to January 1, 1997, participation in a batterer's
program, as specified in this section, for the entire period of
parole. For persons who committed the offense after January 1, 1997,
successful completion of a batterer's program, which shall be a
condition of release from parole. If no batterer's program is
available, another appropriate counseling program designated by the
parole agent or officer, for a period of not less than one year, with
weekly sessions of a minimum of two hours of classroom time. The
program director shall give periodic progress reports to the parole
agent or officer at least every three months.
(c) The parole agent or officer shall refer the parolee only to a
batterer's program that follows the standards outlined in Section
1203.097 and immediately following sections.
(d) The parolee shall file proof of enrollment in a batterer's
program with the parole agent or officer within 30 days after the
first meeting with his or her parole agent or officer, if he or she
committed the offense after January 1, 1997, or within 30 days of
receiving notice of this parole condition, if he or she committed the
offense prior to January 1, 1997.
(e) The parole agent or officer shall conduct an initial
assessment of the parolee, which information shall be provided to the
batterer's program. The assessment shall include, but not be limited
to, all of the following:
(1) Social, economic, and family background.
(2) Education.
(3) Vocational achievements.
(4) Criminal history, prior incidents of violence, and arrest
reports.
(5) Medical history.
(6) Substance abuse history.
(7) Consultation with the probation officer.
(8) Verbal consultation with the victim, only if the victim
desires to participate.
(f) Upon request of the victim, the victim shall be notified of
the release of the parolee and the parolee's location and parole
agent or officer. If the victim requests notification, he or she
shall also be informed that attendance in any program does not
guarantee that an abuser will not be violent.
(g) The parole agent or officer shall advise the parolee that the
failure to enroll in a specified program, as directed, may be
considered a parole violation that would result in possible further
incarceration.
(h) The director of the batterer's program shall immediately
report any violation of the terms of the protective order issued
pursuant to paragraph (3) of subdivision (a), including any new acts
of violence or failure to comply with the program requirements, to
the parolee's parole agent or officer.
(i) Upon recommendation of the director of the batterer's program,
a parole agent or officer may require a parolee to participate in
additional sessions throughout the parole period, unless he or she
finds that it is not in the interests of justice to do so. In
deciding whether the parolee would benefit from more sessions, the
parole agent or officer shall consider whether any of the following
conditions exist:
(1) The parolee has been violence-free for a minimum of six
months.
(2) The parolee has cooperated and participated in the batterer's
program.
(3) The parolee demonstrates an understanding of, and practices,
positive conflict resolution skills.
(4) The parolee blames, degrades, or has committed acts that
dehumanize the victim or puts the victim's safety at risk, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, sexually assaulting, or battering the victim.
(5) The parolee demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(6) The parolee has made threats to harm another person in any
manner.
(7) The parolee demonstrates acceptance of responsibility for the
abusive behavior perpetrated against the victim.