Amended in Senate April 30, 2014

Amended in Assembly May 24, 2013

Amended in Assembly April 22, 2013

Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 147

Introduced by Assembly Member V. Manuel Pérez

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(Principal coauthor: Senator Hueso)

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January 18, 2013

An act to begin delete add Chapter 6 (commencing with Section 42750) to Part 4 of Division 26 of the Health and Safety Code, relating to the environment. end delete begin insert amend Sections 3000.08 and 3451 of the Penal Code, relating to punishment. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 147, as amended, V. Manuel Pérez. begin delete Environment: Salton Sea: dust mitigation. end delete begin insert Realignment Omnibus Act of 2014. end insert

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Existing law requires that all persons released from prison after serving a prison term for a felony, be subject to postrelease community supervision provided by a county agency for a period of 3 years immediately following release, except for persons released after serving a term for a serious felony, a violent felony, an offense for which the person was sentenced pursuant to the 3 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. Existing law requires that these persons 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, resides, or in which an alleged violation of supervision has occurred.

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This bill would also require that any person who is released from prison who has a prior conviction for any of the above crimes be subject to parole supervision by the department and the jurisdiction of the court in the county in which the parolee is released, resides, or in which an alleged violation of supervision has occurred.

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Existing law implements the Quantification Settlement Agreement (QSA), which was entered into by various parties to budget their portions of California’s apportionment of Colorado River water and to provide a framework for conservation measures and water transfers for a period of up to 75 years. Existing law provides for a framework to mitigate the environmental impacts on the Salton Sea caused by the QSA water transfer. Existing law authorizes the Department of Fish and Wildlife to enter into a joint powers agreement with specified local agencies to establish a joint powers authority for the purposes of providing for the payment of costs for environmental mitigation requirements.

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This bill would require the State Air Resources Board, upon the execution of an agreement with the joint powers authority, to evaluate and determine with the air quality planning completed by the authority is sufficient to mitigate the air quality impacts of the QSA. In the event that the state board concludes that additional mitigation measures are needed, the bill would require the state board to submit recommendation to the authority.

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

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

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begin insert SECTION 1. end insert   

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begin insert This act shall be known, and may be cited, as the
Realignment Omnibus Act of 2014. end insert

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begin insert SEC. 2. end insert   

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begin insert Section 3000.08 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3000.08.  

(a) A person released from state prison prior to or
on or after July 1, 2013, after serving a prison term, or whose
sentence has been deemed served pursuant to Section 2900.5, for
any of the following crimes is subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction
of the court in the county in which the parolee is released, resides,
or in which an alleged violation of supervision has occurred, for
the purpose of hearing petitions to revoke parole and impose a
term of custody:

(1) A serious felony as described in subdivision (c) of Section
1192.7.

(2) A violent felony as 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 for which the person is classified as a high-risk
sex offender.

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

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(b) A person released from state prison on or after January 1,
2015, after serving a prison term, or whose sentence has been
deemed served pursuant to Section 2900.5, to whom any of the
following apply, is subject to the jurisdiction of, and parole
supervision by, the Department of Corrections and Rehabilitation
and the jurisdiction of the court in the county in which the parolee
is released, resides, or in which an alleged violation of supervision
has occurred, for the purpose of hearing petitions to revoke parole
and impose a term of custody:

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(1) The person has a prior conviction of a serious felony
described in subdivision (c) of Section 1192.7.

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(2) The person has a prior conviction of a violent felony
described in subdivision (c) of Section 667.5.

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(3) The person has a prior conviction 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.

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(4) The person has a prior conviction of a crime for which the
person was classified as a high-risk sex offender.

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(5) The person has a conviction of a crime for which the person
was required, as a condition of parole, to undergo treatment by
the State Department of State Hospitals pursuant to Section 2962.

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(b)

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begin insert (c) end insert  Notwithstanding any other law, all other offenders released
from prison shall be placed on postrelease supervision pursuant
to Title 2.05 (commencing with Section 3450).

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(c)

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begin insert (d) end insert  At any time during the period of parole of a person subject
to this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the case,
arrest the person and bring him or her before the court, or the court
may, in its discretion, issue a warrant for that person’s arrest
pursuant to Section 1203.2.

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(d)

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begin insert (e) end insert  Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole agency may
impose additional and appropriate conditions of supervision,
including rehabilitation and treatment services and appropriate
incentives for compliance, and impose immediate, structured, and
intermediate sanctions for parole violations, including flash
incarceration in a city or a county jail. Periods of “flash
incarceration,” as defined in subdivision begin delete (e) end delete begin insert (f) end insert are encouraged as
one method of punishment for violations of a parolee’s conditions
of parole. This section does not preclude referrals to a reentry court
pursuant to Section 3015.

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(e)

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begin insert (f) end insert  “Flash incarceration” is a period of detention in a city or a
county jail due to a violation of a parolee’s conditions of parole.
The length of the detention period can range between one and 10
consecutive days. Shorter, but if necessary more frequent, periods
of detention for violations of a parolee’s conditions of parole shall
appropriately punish a parolee while preventing the disruption in
a work or home establishment that typically arises from longer
periods of detention.

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(f)

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begin insert (g) end insert  If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall, pursuant to Section 1203.2,
petition either the court in the county in which the parolee is being
supervised or the court in the county in which the alleged violation
of supervision occurred, to revoke parole. At any point during the
process initiated pursuant to this section, a parolee may waive, in
writing, his or her right to counsel, admit the parole violation,
waive a court hearing, and accept the proposed parole modification
or revocation. The petition shall include a written report that
contains additional information regarding the petition, including
the relevant terms and conditions of parole, the circumstances of
the alleged underlying violation, the history and background of
the parolee, and any recommendations. The Judicial Council shall
adopt forms and rules of court to establish uniform statewide
procedures to implement this subdivision, including the minimum
contents of supervision agency reports. Upon a finding that the
person has violated the conditions of parole, the court shall have
authority to do any of the following:

(1) Return the person to parole supervision with modifications
of conditions, if appropriate, including a period of incarceration
in county jail.

(2) Revoke parole and order the person to confinement in the
county jail.

(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court’s discretion.

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(g)

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begin insert (h) end insert  Confinement pursuant to paragraphs (1) and (2) of
subdivision begin delete (f) end delete begin insert (g) end insert shall not exceed a period of 180 days in the
county jail.

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(h)

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begin insert (i) end insert  Notwithstanding any other law, if Section 3000.1 or
paragraph (4) of subdivision (b) of Section 3000 applies to a person
who is on parole and the court determines that the person has
committed a violation of law or violated his or her conditions of
parole, the person on parole shall be remanded to the custody of
the Department of Corrections and Rehabilitation and the
jurisdiction of the Board of Parole Hearings for the purpose of
future parole consideration.

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(i)

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begin insert (j) end insert  Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of
the offense, whichever is greater:

(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
1, and was subject to a period of parole exceeding three years at
the time he or she committed a felony for which they were
convicted and subsequently sentenced to state prison.

(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted
in a conviction and state prison sentence.

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(j)

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begin insert (k) end insert  Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, are subject to
the jurisdiction of the Board of Parole Hearings. Parole revocation
proceedings conducted by the Board of Parole Hearings prior to
July 1, 2013, if reopened on or after July 1, 2013, are subject to
the jurisdiction of the Board of Parole Hearings.

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(k)

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begin insert (l) end insert  Except as described in subdivision begin delete (c), end delete begin insert (d), end insert any person who
is convicted of a felony that requires community supervision and
who still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.

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(l)

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begin insert (m) end insert   Any person released to parole supervision pursuant to
subdivision (a) begin insert or (b) end insert shall, regardless of any subsequent
determination that the person should have been released pursuant
to subdivision begin delete (b), end delete begin insert (c), end insert remain subject to subdivision (a) begin insert or (b) end insert after
having served 60 days under supervision pursuant to subdivision
(a) begin insert or (b) end insert .

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(m) This section shall become operative on July 1, 2013.

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begin insert SEC. 3. end insert   

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begin insert Section 3451 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3451.  

(a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b),
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 for which the person is classified as a high risk
sex offender.

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

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(c) This section shall not apply to any person released from
prison to whom any of the following apply:

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(1) The person has a prior conviction of a serious felony
described in subdivision (c) of Section 1192.7.

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(2) The person has a prior conviction of a violent felony
described in subdivision (c) of Section 667.5.

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(3) The person has a prior conviction 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.

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(4) The person has a prior conviction of a crime for which the
person was classified as a high-risk sex offender.

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(5) The person has a conviction of a crime for which the person
was required, as a condition of parole, to undergo treatment by
the State Department of State Hospitals pursuant to Section 2962.

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(c)

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begin insert (d) end insert  (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.

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(d)

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begin insert (e) end insert  Any person released to postrelease community supervision
pursuant to subdivision (a) shall, regardless of any subsequent
determination that the person should have been released to parole
pursuant to Section 3000.08, remain subject to subdivision (a) after
having served 60 days under supervision pursuant to subdivision
(a).

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SECTION 1.  

(a)  The Legislature finds and declares all of the
following:

(1) The Salton Sea is California’s largest lake, covering
approximately 365 square miles, and it serves as an important stop
on the annual Pacific Flyway migratory route, supporting over 400
species of birds and representing over two-thirds of all birds in the
continental United States.

(2) The Salton Sea is located in the Imperial Valley and
Coachella Valley of southern California and rests in close
proximity to thousands of residents.

(3) In 2003, the Legislature enacted statutes (Chapters 611, 612,
and 613 of the Statutes of 2003) to facilitate the execution and
implementation of the Quantification Settlement Agreement (QSA)
and related agreements, including a transfer of conserved water
from the Imperial Irrigation District to the San Diego Water
Authority. As part of those statutes, the Legislature declared its
intent that the State of California undertake the restoration of the
Salton Sea ecosystem and the permanent protection of wildlife
dependent on the ecosystem.

(4) Implementation of the water transfer from the Imperial
Irrigation District to the San Diego Water Authority will reduce
agricultural drainage inflow to the Salton Sea, reducing the sea’s
depth and result in the exposure of currently submerged sea
lakebed.

(5) The exposure of previously submerged sea lakebed has the
potential to significantly increase fugitive dust emissions for
particulate matter of 10 or less microns in diameter (PM10) as
winds blow across exposed lakebed eroded fine-grained sediments
and salts, lofting them into the air.

(6) Experience mitigating particulate matter emissions at other
exposed lakebeds has proved to be costly and has demonstrated
the need to have a proactive approach to mitigation that stresses
control measures over monitoring activities and includes a strong
adaptive management platform.

(7) As part of the Quantification Settlement Agreement, the
state entered into a Joint Powers Agreement (QSA-JPA) for
purposes of financing the mitigation of the environmental impacts
resulting from the QSA. The parties of the QSA-JPA include the
State of California acting by and through the Department of Fish
and Wildlife, the Coachella Valley Water District, the Imperial
Irrigation District, and the San Diego County Water Authority.

(8) Under the QSA-JPA, the nonstate member agencies are
liable for the cost of mitigating the environmental impacts of the
QSA up to the first $133 million. The QSA-JPA nonstate member
agencies have spent a considerable amount of time and resources
developing plans to meet this obligation.

(9) Under Section 9.2 of the QSA-JPA, the state agreed to “an
unconditional contractual obligation” to pay for the cost of
mitigating the environmental impact of the QSA above the first
$133 million in costs.

(b) It is the intent of the Legislature, in enacting this measure,
to have the State Air Resources Board evaluate the air quality
mitigation developed by the Joint Powers Authority established
by QSA-JPA.

SEC. 2.  

Chapter 6 (commencing with Section 42750) is added
to Part 4 of Division 26 of the Health and Safety Code, to read:

 

Chapter  6. Salton Sea Dust Mitigation

 

42750.  

Unless the context requires otherwise, as used in this
chapter, the following terms mean the following:

(a) “Air districts” means the Imperial County Air Pollution
Control District and South Coast Air Quality Management District.

(b) “Authority” means the water transfer joint powers authority
established pursuant to an agreement entered into pursuant to
Chapter 613 of the Statutes of 2003.

(c) “County” means either of the following:

(1) The County of Riverside.

(2) The County of Imperial.

(d) “Quantification Settlement Agreement” has the same
meaning as defined in subdivision (a) of Section 1 of Chapter 617
of the Statutes of 2002.

(e) “Valley” means either of the following:

(1) The Imperial Valley.

(2) The Coachella Valley.

42751.  

(a) Upon the execution of an agreement between the
state board and the authority for purposes of compiling the air
quality mitigation planning completed by the authority, the state
board shall evaluate and determine if the air quality planning
completed by the authority is sufficient to mitigate the air quality
impacts of the Quantification Settlement Agreement.

(b) To the extent the state board concludes additional mitigation
planning needs to take place to mitigate the air quality impacts of
the Quantification Settlement Agreement, the state board shall
submit recommendations to the authority.

(c) This section does not modify existing roles, responsibilities,
or liabilities of the State of California, the County of Imperial, the
County of Riverside, or any other governmental agency, under the
Quantification Settlement Agreement.

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