Bill Text: CA AB1901 | 2013-2014 | Regular Session | Amended
Bill Title: Corrections.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-05-28 - From committee without further action pursuant to Joint Rule 62(a). [AB1901 Detail]
Download: California-2013-AB1901-Amended.html
BILL NUMBER: AB 1901 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Muratsuchi
FEBRUARY 19, 2014
An act to amend Section 3451 of , and to add Section 3000.01
to, the Penal Code, relating to postrelease community
supervision corrections .
LEGISLATIVE COUNSEL'S DIGEST
AB 1901, as amended, Muratsuchi. Postrelease community
supervision: placement. Corrections.
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.
This bill would make technical, nonsubstantive changes to these
provisions.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
AB 1901, as amended, Muratsuchi. Postrelease community
supervision: placement. Corrections.
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.
This bill would make technical, nonsubstantive changes to these
provisions.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3000.01 is added to the
Penal Code , to read:
3000.01. (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.
SECTION 1. SEC. 2. Section 3451 of
the Penal Code is amended to read:
3451. (a) Notwithstanding any other law , except for Section
3000.01, 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).
SECTION 1. Section 3000.01 is added to the
Penal Code , to read:
3000.01. (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.
SECTION 1. SEC. 2. Section 3451 of
the Penal Code is amended to read:
3451. (a) Notwithstanding any other law , except for Section
3000.01, 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).
