BILL NUMBER: AB 2 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2013
INTRODUCED BY Assembly Member Morrell
( Coauthors: Assembly Members
Conway, Beth Gaines, Gorell,
Harkey, Jones, Nestande, and Wilk
)
DECEMBER 3, 2012
An act to amend Section 3455 of, and to add Section 3005 to, the
Penal Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 2, as amended, Morrell. Sex offenders: parole violations.
Existing law requires persons who have been convicted of specified
crimes to register as a sex offender. Existing law provides for
parole and postrelease community supervision of felons, as provided,
including provisions for the revocation of parole or postrelease
community supervision by a court or revocation hearing officer.
This bill would provide that any require a
criminal defendant who is released on parole or to postrelease
community supervision, who has suffered a prior or current felony
requiring registration as a sex offender, and who violates that
parole or postrelease community-based supervision by violating the
requirement to register as a sex offender shall
to serve any period of incarceration ordered for that
violation in the state prison. This bill would also make a
conforming change by authorizing the revocation hearing officer to
revoke and terminate postrelease community supervision and order the
person to confinement in the state prison, upon a finding that the
person has violated the conditions of postrelease community
supervision.
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 3005 is added to the Penal Code, to read:
3005. Any A criminal defendant who
is released on parole or to postrelease community supervision, who
has suffered a prior or current felony requiring registration as a
sex offender pursuant to Section 290, and who violates that parole or
community-based supervision by violating the requirement to register
as a sex offender shall serve any period of incarceration ordered
for that violation in the state prison.
SEC. 2. Section 3455 of the Penal Code is amended to read:
3455. (a) If the supervising county agency has determined,
following application of its assessment processes, that intermediate
sanctions as authorized in subdivision (b) of Section 3454 are not
appropriate, the supervising county agency shall petition the court
pursuant to Section 1203.2 to revoke, modify, or terminate
postrelease community supervision. At any point during the process
initiated pursuant to this section, a person may waive, in writing,
his or her right to counsel, admit the violation of his or her
postrelease community supervision, waive a court hearing, and accept
the proposed modification of his or her postrelease community
supervision. The petition shall include a written report that
contains additional information regarding the petition, including the
relevant terms and conditions of postrelease community supervision,
the circumstances of the alleged underlying violation, the history
and background of the violator, and any recommendations. The Judicial
Council shall adopt forms and rules of court to establish uniform
statewide procedures to implement this subdivision, including the
minimum contents of supervision agency reports. Upon a finding that
the person has violated the conditions of postrelease community
supervision, the revocation hearing officer shall have authority to
do all of the following:
(1) Return the person to postrelease community supervision with
modifications of conditions, if appropriate, including a period of
incarceration in county jail.
(2) Revoke and terminate postrelease community supervision and
order the person to confinement in the county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(4) When a violation is found based on the conduct described in
Section 3005, revoke and terminate postrelease community supervision
and order the person to confinement in the state prison.
(b) (1) At any time during the period of postrelease community
supervision, if any peace officer has probable cause to believe a
person subject to postrelease community supervision is violating any
term or condition of his or her release, the officer may, without a
warrant or other process, arrest the person and bring him or her
before the supervising county agency established by the county board
of supervisors pursuant to subdivision (a) of Section 3451.
Additionally, an officer employed by the supervising county agency
may seek a warrant and a court or its designated hearing officer
appointed pursuant to Section 71622.5 of the Government Code shall
have the authority to issue a warrant for that person's arrest.
(2) The court or its designated hearing officer shall have the
authority to issue a warrant for any person who is the subject of a
petition filed under this section who has failed to appear for a
hearing on the petition or for any reason in the interests of
justice, or to remand to custody a person who does appear at a
hearing on the petition for any reason in the interests of justice.
(c) The revocation hearing shall be held within a reasonable time
after the filing of the revocation petition. Based upon a showing of
a preponderance of the evidence that a person under supervision poses
an unreasonable risk to public safety, or the person may not appear
if released from custody, or for any reason in the interests of
justice, the supervising county agency shall have the authority to
make a determination whether the person should remain in custody
pending the first court appearance on a petition to revoke
postrelease community supervision, and upon that determination, may
order the person confined pending his or her first court appearance.
(d) Confinement pursuant to paragraphs (1) and (2) of subdivision
(a) shall not exceed a period of 180 days in the county jail for each
custodial sanction.
(e) A person shall not remain under supervision or in custody
pursuant to this title on or after three years from the date of the
person's initial entry onto postrelease community supervision, except
when his or her supervision is tolled pursuant to Section 1203.2 or
subdivision (b) of Section 3456.