Bill Text: CA AB2411 | 2013-2014 | Regular Session | Chaptered
Bill Title: Probation and parole.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 611, Statutes of 2014. [AB2411 Detail]
Download: California-2013-AB2411-Chaptered.html
BILL NUMBER: AB 2411 CHAPTERED
BILL TEXT
CHAPTER 611
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2014
APPROVED BY GOVERNOR SEPTEMBER 26, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE JUNE 26, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Bonta
(Principal coauthor: Senator Leno)
FEBRUARY 21, 2014
An act to amend Sections 1203.067 and 3008 of the Penal Code,
relating to corrections, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2411, Bonta. Probation and parole.
Existing law requires the terms of probation or parole for all
persons placed on formal probation or parole for an offense that
requires registration as a sex offender to include, among other
things, participation in, or completion of, a sex offender management
program, as specified. Existing law requires that the length of the
period in the program be determined by a certified sex offender
management professional in consultation with the probation or parole
officer and as approved by the court.
This bill would require participation in the above programs to
apply without regard to when the crime or crimes for which the person
is on probation or parole were committed. By increasing the
penalties for existing crimes, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.067 of the Penal Code is amended to read:
1203.067. (a) Notwithstanding any other law, before probation may
be granted to any person convicted of a felony specified in Section
261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is eligible for
probation, the court shall do all of the following:
(1) Order the defendant evaluated pursuant to Section 1203.03, or
similar evaluation by the county probation department.
(2) Conduct a hearing at the time of sentencing to determine if
probation of the defendant would pose a threat to the victim. The
victim shall be notified of the hearing by the prosecuting attorney
and given an opportunity to address the court.
(3) Order any psychiatrist or psychologist appointed pursuant to
Section 288.1 to include a consideration of the threat to the victim
and the defendant's potential for positive response to treatment in
making his or her report to the court. Nothing in this section shall
be construed to require the court to order an examination of the
victim.
(b) On or after July 1, 2012, the terms of probation for persons
placed on formal probation for an offense that requires registration
pursuant to Sections 290 to 290.023, inclusive, shall include all of
the following:
(1) Persons placed on formal probation prior to July 1, 2012,
shall participate in an approved sex offender management program,
following the standards developed pursuant to Section 9003, for a
period of not less than one year or the remaining term of probation
if it is less than one year. The length of the period in the program
is to be determined by the certified sex offender management
professional in consultation with the probation officer and as
approved by the court. Participation in this program applies to every
person described without regard to when his or her crime or crimes
were committed.
(2) Persons placed on formal probation on or after July 1, 2012,
shall successfully complete a sex offender management program,
following the standards developed pursuant to Section 9003, as a
condition of release from probation. The length of the period in the
program shall be not less than one year, up to the entire period of
probation, as determined by the certified sex offender management
professional in consultation with the probation officer and as
approved by the court. Participation in this program applies to each
person without regard to when his or her crime or crimes were
committed.
(3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.
(4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional and
supervising probation officer, pursuant to Section 290.09.
(c) Any defendant ordered to be placed in an approved sex offender
management program pursuant to subdivision (b) shall be responsible
for paying the expense of his or her participation in the program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.
SEC. 2. Section 3008 of the Penal Code is amended to read:
3008. (a) The Department of Corrections and Rehabilitation shall
ensure that all parolees under active supervision who are deemed to
pose a high risk to the public of committing sex crimes, as
determined by the State-Authorized Risk Assessment Tool for Sex
Offenders (SARATSO), as set forth in Sections 290.04 to 290.06,
inclusive, are placed on intensive and specialized parole supervision
and are required to report frequently to designated parole officers.
The department may place any other parolee convicted of an offense
that requires him or her to register as a sex offender pursuant to
Section 290 who is on active supervision on intensive and specialized
supervision and require him or her to report frequently to
designated parole officers.
(b) The department shall develop and, at the discretion of the
secretary, and subject to an appropriation of the necessary funds,
may implement a plan for the implementation of relapse prevention
treatment programs, and the provision of other services deemed
necessary by the department, in conjunction with intensive and
specialized parole supervision, to reduce the recidivism of sex
offenders.
(c) The department shall develop control and containment
programming for sex offenders who have been deemed to pose a high
risk to the public of committing a sex crime, as determined by the
SARATSO, and shall require participation in appropriate programming
as a condition of parole.
(d) On or after July 1, 2012, the parole conditions of a person
released on parole for an offense that requires registration pursuant
to Sections 290 to 290.023, inclusive, shall include all of the
following:
(1) Persons placed on parole prior to July 1, 2012, shall
participate in an approved sex offender management program, following
the standards developed pursuant to Section 9003, for a period of
not less than one year or the remaining term of parole if it is less
than one year. The length of the period in the program is to be
determined by the certified sex offender management professional in
consultation with the parole officer and as approved by the court.
Participation in this program applies to each person without regard
to when his or her crime or crimes were committed.
(2) Persons placed on parole on or after July 1, 2012, shall
successfully complete a sex offender management program, following
the standards developed pursuant to Section 9003, as a condition of
parole. The length of the period in the program shall be not less
than one year, up to the entire period of parole, as determined by
the certified sex offender management professional in consultation
with the parole officer and as approved by the court. Participation
in this program applies to every person described without regard to
when his or her crime or crimes were committed.
(3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.
(4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional and
supervising parole officer, pursuant to Section 290.09.
(e) Any defendant ordered to be placed in an approved sex offender
management treatment program pursuant to subdivision (d) shall be
responsible for paying the expense of his or her participation in the
program. The department shall take into consideration the ability of
the defendant to pay, and no defendant shall be denied discharge
onto parole because of his or her inability to pay.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to promote public safety and the effective use of the
containment model for managing sex offenders in the community at the
earliest possible time, it is necessary that this act take effect
immediately.
