Bill Text: CA AB1304 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California MAT Re-Entry Incentive Program.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2020-08-29 - Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 1. Page 4433.). [AB1304 Detail]

Download: California-2019-AB1304-Amended.html

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Amended  IN  Senate  June 03, 2020

Amended  IN  Senate  April 22, 2020

Amended  IN  Assembly  May 06, 2019

Amended  IN  Assembly  April 22, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1304

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Introduced by Assembly Member Waldron

February 22, 2019

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An act to amend Section 3451 of add Section 3000.02 to the Penal Code, relating to postrelease community supervision. parole.

LEGISLATIVE COUNSEL'S DIGEST

AB 1304, as amended, Waldron. Postrelease community supervision: Parole: reduction of sentence.

Existing law makes specified persons subject to parole supervision by the Department of Corrections and Rehabilitation, including a person who has been released from a state prison after conviction for a serious or violent felony or a crime for which the person is classified as a high-risk sex offender, and specifies the length of time the person is required to be supervised on parole.

This bill, contingent upon the appropriation to the State Department of Health Care Services of funds received pursuant to a specified federal grant, would make a person released from prison on parole, with specified exceptions, who has been enrolled in, or successfully completed, an institutional substance abuse program, eligible for a reduction in the period of parole if the person successfully participates in a substance abuse treatment program that employs a multifaceted approach to treatment, including the use of United States Food and Drug Administration approved medically assisted treatment. The bill would authorize a 90-day reduction for each 6 months of treatment successfully completed, up to a maximum 180-day reduction. The bill would require, to the extent consistent with the terms of the grant, the sum of $1,000,000 of the appropriated grant funds to be allocated to the department for this purpose. The bill would also require the department to collect data and analyze utilization and program outcomes and shall provide that information in a specified report.

Existing law subjects a person to no more than 3 years of postrelease community supervision after release from prison or after the person’s term of imprisonment has been deemed to have been served, unless the person was released from prison after serving a term of imprisonment for a specified crime, including serious or violent felonies or crimes that require registration as a sex offender.

This bill would make a person released from prison on postrelease community supervision who has been enrolled in, or successfully completed, an institutional substance abuse program, eligible for a reduction in the period of postrelease community supervision if the person successfully participates in an outpatient substance abuse treatment program that employs a multifaceted approach to treatment, including the use of FDA-approved medically assisted treatment. The bill would authorize a 90-day reduction for each 6 months of treatment successfully completed, up to a maximum 180-day reduction. By increasing the duties of county probation departments to monitor successful participation in substance abuse treatment, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

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

SECTION 1.

 Section 3000.02 is added to the Penal Code, to read:

3000.02.

 (a) A person released from state prison subject to the jurisdiction of, and parole supervision by, the department pursuant to Section 3000.08, who has been enrolled in, or successfully completed, an institutional substance abuse program, and who successfully participates in a substance abuse treatment program that employs a multifaceted approach to treatment, including the use of United States Food and Drug Administration approved medically assisted treatment, shall be eligible for a 90-day reduction to the period of parole for every six months of treatment successfully completed, up to a maximum 180-day reduction.

(b) This section shall not apply to inmates that are any of the following:

(1) Sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5.

(2) Convicted of an offense for which the inmate has received a life sentence pursuant to subdivision (b) of Section 209, with the intent to commit a specified sex offense, or Section 667.51 , 667.61, or 667.71.

(3) Convicted of, and required to register as a sex offender for the commission of, an offense specified in Section 261, 262, 264.1, 286, or 287, paragraph (1) of subdivision (b) of Section 288, Section 288.5 or 289, or former Section 288a, in which one or more of the victims of the offense was a child under 14 years of age.

(c) (1) Operation of this section is contingent upon the appropriation to the State Department of Health Care Services of funds received pursuant to a federal Substance Abuse and Mental Health Services Administration (SAMHSA) State Opioid Response Grant, announced in the Funding Opportunity Announcement (FOA) TI-20-012. To the extent consistent with the terms of the grant, the sum of one million dollars ($1,000,000) of the grant funds appropriated for these purposes shall be allocated to the Department of Corrections and Rehabilitation for use in implementing this section.

(2) The department shall collect data and analyze utilization and program outcomes and shall provide that information in the report required pursuant to Section 2694.5.

SECTION 1.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 a crime described in subdivision (b), a person 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 the probation department of the county to which the person is being released, 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 does 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 supervision under this title shall be implemented by the county probation department 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 the responsibility to report to the county probation department. The department or probation department shall also inform persons serving a term of parole or postrelease community supervision for a felony offense who are subject to this section of the requirements of this title and of the responsibility to report to the county probation department. 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.

(d)A person released from prison pursuant to subdivision (a) who has been enrolled in, or successfully completed, an institutional substance abuse program and successfully participates in an outpatient substance abuse treatment program that employs a multifaceted approach to treatment, including the use of FDA-approved medically assisted treatment, shall be eligible for a 90-day reduction to the period of postrelease community supervision for every six months of treatment successfully completed, up to a maximum 180-day reduction.

(e)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).

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.