Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1065

Introduced by Assembly Member Holden

February 22, 2013

An act to amend begin delete Sections 3000.08 and 3451 end delete begin insert Section 2966 end insert of the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

AB 1065, as amended, Holden. Parole.

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Existing law requires a prisoner who has a severe mental disorder to be treated by the State Department of State Hospitals as a condition of parole. Existing law specifies the criteria for this parole condition to apply, and allows a prisoner to request a hearing before the Board of Parole Hearings for the purpose of proving that the prisoner meets the criteria. Existing law allows a prisoner who disagrees with the determination of the Board of Parole Hearings to file a petition in court for a hearing on whether he or she met the criteria. Existing law provides that if the determination of the Board of Parole Hearings is reversed, the court is to stay the execution of the decision for 5 working days to allow for an orderly release of the prisoner.

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Existing law requires that begin delete all end delete begin insert specified end insert 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 a county agency for a period of 3 years immediately following release begin delete , 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 these persons to be subject to parole supervision by the Department of Corrections and Rehabilitation following release from state prison. end delete begin insert . Existing law requires the Department of Corrections and Rehabilitation to notify a county of specified information about a person subject to postrelease community supervision by a county 30 days prior to the release of that person. end insert

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This bill would instead provide that if the determination of the Board of Parole Hearings is reversed, the court shall stay the execution of the decision for 30 working days to allow for an orderly release of the prisoner.

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This

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begin insert The end insert bill would require that begin delete a person released from state prison who has served a previous prison term for which he or she was required, as a condition of parole, to undergo treatment by the State Department of State Hospitals to be subject to parole supervision by the Department of Corrections and Rehabilitation and the court in the county in which the parolee is released. end delete begin insert if the determination of the Board of Parole Hearings is reversed, the Department of Corrections and Rehabilitation, upon a determination that the individual is eligible for release pursuant to postrelease community supervision provisions, is to notify the probation department of the county of supervision of the pending release within 5 working days of the court order and work with the county of supervision to coordinate the orderly and safe release of the prisoner. end insert

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The bill would also make technical, nonsubstantive changes to these provisions.

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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 Section 2966 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

2966.  

(a) A prisoner may request a hearing before the Board
of begin delete Prison Terms end delete begin insert Parole Hearings end insert , and the board shall conduct a
hearing if so requested, for the purpose of begin delete proving that end delete begin insert determining
whether end insert the prisoner meets the criteria in Section 2962. At the
hearing, the burden of proof shall be on the person or agency who
certified the prisoner under subdivision (d) of Section 2962. If the
prisoner or any person appearing on his or her behalf at the hearing
requests it, the board shall appoint two independent professionals
as provided for in Section 2978. The prisoner shall be informed
at the hearing of his or her right to request a trial pursuant to
subdivision (b). The Board of begin delete Prison Terms end delete begin insert Parole Hearings end insert shall
provide a prisoner who requests a trial, a petition form and
instructions for filing the petition.

(b) A prisoner who disagrees with the determination of the
Board of begin delete Prison Terms end delete begin insert Parole Hearings end insert that he or she meets the
criteria of Section 2962, may file in the superior court of the county
in which he or she is incarcerated or is being treated a petition for
a hearing on whether he or she, as of the date of the Board of begin delete Prison
Terms end delete begin insert Parole Hearings end insert hearing, met the criteria of Section 2962.
The court shall conduct a hearing on the petition within 60 calendar
days after the petition is filed, unless either time is waived by the
petitioner or his or her counsel, or good cause is shown. Evidence
offered for the purpose of proving the prisoner’s behavior or mental
status subsequent to the Board of begin delete Prison Terms end delete begin insert Parole Hearings end insert
hearing shall not be considered. The order of the Board of begin delete Prison
Terms end delete begin insert Parole Hearings end insert shall be in effect until the completion of
the court proceedings. The court shall advise the petitioner of his
or her right to be represented by an attorney and of the right to a
jury trial. The attorney for the petitioner shall be given a copy of
the petition, and any supporting documents. The hearing shall be
a civil hearing; however, in order to reduce costs, the rules of
criminal discovery, as well as civil discovery, shall be applicable.
The standard of proof shall be beyond a reasonable doubt, and if
the trial is by jury, the jury shall be unanimous in its verdict. The
trial shall be by jury unless waived by both the person and the
district attorney. The court may, upon stipulation of both parties,
receive in evidence the affidavit or declaration of any psychiatrist,
psychologist, or other professional person who was involved in
the certification and hearing process, or any professional person
involved in the evaluation or treatment of the petitioner during the
certification process. The court may allow the affidavit or
declaration to be read and the contents thereof considered in the
rendering of a decision or verdict in any proceeding held pursuant
to subdivision (b) or (c), or subdivision (a) of Section 2972. If the
court or jury reverses the determination of the Board of begin delete Prison
Terms end delete begin insert Parole Hearings end insert , the court shall stay the execution of the
decision for begin delete five end delete begin insert 30 end insert working days to allow for an orderly release
of the prisoner. begin insert If the court or jury reverses the determination of
the Board of Parole Hearings, the Department of Corrections and
Rehabilitation, upon a determination that the individual is eligible
for release pursuant to Section 3451, shall notify the probation
department of the county of supervision of the pending release
within five working days of the court order and work with the
county of supervision to coordinate the orderly and safe release
of the prisoner. end insert

(c) If the Board of begin delete Prison Terms end delete begin insert Parole Hearings end insert continues a
parolee’s mental health treatment under Section 2962 when it
continues the parolee’s parole under Section 3001, the procedures
of this section shall only be applicable for the purpose of
determining if the parolee has a severe mental disorder, whether
the parolee’s severe mental disorder is not in remission or cannot
be kept in remission without treatment, and whether by reason of
his or her severe mental disorder, the parolee represents a
substantial danger of physical harm to others.

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SECTION 1.  

Section 3000.08 of the Penal Code, as amended
by Section 35 of Chapter 43 of the Statutes of 2012, is amended
to read:

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 or resides
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.

(b) A person released from state prison after serving a prison
term, or whose sentence has been deemed served pursuant to
Section 2900.5, who has served a previous prison term for which
he or she was required, as a condition of parole, to undergo
treatment by the State Department of State Hospitals pursuant to
Section 2962, 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 or resides for the
purpose of hearing petitions to revoke parole and impose a term
of custody.

(c) 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).

(d) 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.

(e) 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 county jail. Periods of “flash incarceration,” as
defined in subdivision (e) 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.

(f) “Flash incarceration” is a period of detention in 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.

(g) 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 the court in the county in which the parolee is being
supervised 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.

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

(i) 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.

(j) 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.

(k) 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.

(l) Except as described in subdivision (c), 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.

SEC. 2.  

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),
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.

(c) This section shall not apply to any person released from
prison who has served a previous prison term from which the
person was required, as a condition of parole, to undergo treatment
by the State Department of State Hospitals pursuant to Section
2962.

(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.

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