BILL NUMBER: SB 13	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Rainey, Costa, and Schiff

                        DECEMBER 7, 1998

   An act to amend Section 3060.5 of the Penal Code, relating to
parole.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 13, as introduced, Rainey.  Parole: revocation.
   Under existing law, the parole authority is required to revoke the
parole of any prisoner who, among other things, refuses to sign a
parole agreement setting forth the general and any special conditions
applicable to the parole.
   This bill would, in addition, provide that the parole authority
may revoke the parole of any prisoner who demonstrates by his or her
conduct, as defined, that he or she is suffering from a mental
disorder that indicates the parolee is likely to engage in criminal
behavior upon release.
   Under existing law, confinement for any single violation of
parole, absent a new conviction, may not exceed 6 months, except as
specified.
   This bill would provide that if a prisoner is confined because of
the above-described provisions of the bill for the purpose of
receiving psychiatric treatment, the time in custody may not be added
to the parole period to extend the discharge date.  This bill would
also provide for release of the prisoner in the event of a change in
mental condition, as specified, and for reports to the parole
authority by the chief psychiatrist every 30 days regarding the
prisoner's treatment and confinement, as specified.
   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 3060.5 of the Penal Code is amended to read:
   3060.5.  Notwithstanding any other provision of law, the 
parole authority   Board of Prison Terms  shall
revoke the parole of any prisoner who refuses to sign a parole
agreement setting forth the general and any special conditions
applicable to the parole, refuses to sign any form required by the
Department of Justice stating that the duty of the prisoner to
register under Section 290 has been explained to the prisoner, unless
the duty to register has not been explained to the prisoner, or
refuses to provide samples of blood or saliva as required by Section
290.2, and shall order the prisoner returned to prison.  
Confinement   The Board of Prison Terms may revoke the
parole of any prisoner who by his or her conduct in the 90 days prior
to his or her scheduled parole date or revocation release date
demonstrates that he or she is suffering from a mental disorder which
indicates that the parolee is likely to engage in criminal behavior
upon release.
   Confinement  pursuant to any single revocation of parole
under this section shall not, absent a new conviction and commitment
to prison under other provisions of law, exceed six months, except as
provided in subdivision (c) of Section 3057.   If a prisoner is
confined pursuant to this section for the purpose of receiving
psychiatric treatment, the time in custody shall not be added to the
parole period so as to extend the discharge date.  If during the
revocation period of a prisoner confined under this section for
psychiatric treatment, the chief psychiatrist of the facility in
which the prisoner is confined determines that the prisoner's mental
condition has so changed that the prisoner is no longer likely to
engage in criminal behavior upon release, or is no longer in need of
psychiatric treatment, or if the person is no longer being offered
psychiatric treatment, the Department of Corrections shall so certify
and recommend release of the prisoner to the Board of Prison Terms.
The Board of Prison Terms shall take action on the recommendation
within three working days of receipt of the recommendation.
   For the prisoner who has a mental disorder and is likely to engage
in criminal behavior upon release, the due process hearing conducted
by the Board of Prison Terms shall be held within three working days
of the prisoner's parole date or revocation release date.  For those
parolees placed in a correctional facility for treatment because of
a mental disorder, the chief psychiatrist of the correctional
facility shall report to the Board of Prison Terms every 30 days
concerning the parolee's progress in treatment, the need for further
treatment in a correctional facility, and if the parolee may be
treated in a locked community psychiatric facility or a lesser
restrictive treatment environment.