Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1901

Introduced by Assembly Member Muratsuchi

February 19, 2014

An act to amend Section 3451 of begin insert , and to add Section 3000.01 to, end insert the Penal Code, relating to begin delete postrelease community supervision end delete begin insert corrections end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1901, as amended, Muratsuchi. begin delete Postrelease community supervision: placement. end delete begin insert Corrections. end insert

Existing law requires that all 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, 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 Three 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.

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This bill would make technical, nonsubstantive changes to these provisions.

end delete begin insert

This bill would authorize a court, upon a motion by the district attorney, or upon the court’s own motion, to, at the time of sentencing, order a person who will serve a term in a state prison for a crime that is not a serious felony, violent felony, an offense for which the person was sentenced pursuant to the Three 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, to be released on parole rather than postrelease community supervision after serving his or her term in prison. The bill would specify a procedure for the court to determine when a person meeting those criteria would be directed to parole. The bill would make additional conforming changes.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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   

end insert

begin insert Section 3000.01 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

begin insert

begin insert 3000.01. end insert   

(a) Notwithstanding any other law, a defendant who
will be incarcerated in state prison for a current felony conviction
that is not a serious felony as described in subdivision (c) of Section
1192.7, a violent felony as described in subdivision (c) of Section
667.5, a crime for which the defendant is sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
of subdivision (c) of Section 1170.12, a crime where the defendant
is classified as a High Risk Sex Offender, or a crime where the
defendant is required to undergo treatment by the State Department
of State Hospitals because the defendant has a severe mental
disorder, may be released from prison on parole rather than
postrelease community supervision pursuant to this section.

(b) Upon a motion by the district attorney, or upon the court’s
own motion, the court may, at the time of sentencing, order a
defendant described in subdivision (a) to be released on parole
rather than postrelease community supervision after serving his
or her term in prison.

(c) In determining whether to release a defendant described in
subdivision (a) on parole, the court may consider the record in
the case, the defendant’s prior criminal history, the probation
officer’s report, other reports, including reports received pursuant
to Section 1203.3, statements submitted by the prosecution,
showing facts in aggravation or facts in mitigation of ordering the
defendant to be released on parole, statements by the defendant,
the victim, or the family or next of kin if the victim is deceased,
and any further evidence the court finds appropriate.

(d) The court shall consider the severity of the defendant’s
criminal record and the other materials listed in subdivision (c)
in determining whether to order the defendant to be released on
parole, and shall set forth its reasons in the record for the order
for a defendant described in subdivision (a) to be released on
parole.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 3451 of the Penal Code is amended to read:

3451.  

(a) Notwithstanding any other law begin insert , except for Section
3000.01, end insert and except for persons serving a prison term for a 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 postrelease community supervision provided by a county agency
designated by each county’s board of supervisors that 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 a 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) A crime for which the person is classified as a high risk sex
offender.

(5) A 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) (1) Postrelease community 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 a person subject to
postrelease community 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.

(d) A 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).