BILL NUMBER: SB 1150	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Dutton

                        FEBRUARY 21, 2012

   An act to amend Section 3451 of the Penal Code, relating to
prisoners.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1150, as introduced, Dutton. Prison: community supervision:
eligibility.
   Existing law, the Postrelease Community Supervision Act of 2011,
requires, with exceptions, that all persons released from prison on
and after October 1, 2011, shall be subject to postrelease community
supervision for a period not exceeding 3 years. Existing law provides
that this provision does not apply to a person released from prison
after having served a prison term for a serious or violent felony, a
3rd strike violation, a crime where the person was classified as a
High Risk Sex Offender, or any crime where the person is required to
undergo treatment by the State Department of Mental Health as a
condition of parole. Under existing law, these inmates would be
released to the parole supervision of the Department of Corrections
and Rehabilitation.
   This bill would make the provisions for community supervision
inapplicable to any person released from prison who has a prior
conviction for a serious or violent felony, a crime for which the
person received a 3rd strike, or a crime that resulted in the person
being classified as a High Risk Sex Offender.
   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 3451 of the Penal Code is amended to read:
   3451.  (a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b)
 ,   and persons who have had a prior conviction
described in subdivision (c),  all persons released from prison
on and after October 1, 2011, or, whose sentence has been deemed
served pursuant to Section 2900.5 after serving a prison term for a
felony shall, upon release from prison and for a period not exceeding
three years immediately following release, be subject to community
supervision provided by a county agency designated by each county's
board of supervisors which is consistent with evidence-based
practices, including, but not limited to, supervision policies,
procedures, programs, and practices demonstrated by scientific
research to reduce recidivism among individuals under postrelease
supervision.
   (b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:
   (1) A serious felony described in subdivision (c) of Section
1192.7.
   (2) A violent felony described in subdivision (c) of Section
667.5.
   (3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
   (4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
   (5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the State Department of Mental Health
pursuant to Section 2962. 
   (c) This section shall not apply to any person released from
prison who has a prior conviction for any of the following: 

   (1) A serious felony described in subdivision (c) of Section
1192.7.  
   (2) A violent felony described in subdivision (c) of Section
667.5.  
   (3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.  
   (4) Any crime that resulted in the person's classification as a
High Risk Sex Offender.  
   (c) 
    (d)  (1) Postrelease supervision under this title shall
be implemented by a county agency according to a postrelease strategy
designated by each county's board of supervisors.
   (2) The Department of Corrections and Rehabilitation shall inform
every prisoner subject to the provisions of this title, upon release
from state prison, of the requirements of this title and of his or
her responsibility to report to the county agency responsible for
serving that inmate. The department shall also inform persons serving
a term of parole for a felony offense who are subject to this
section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.