Bill Text: CA AB2342 | 2019-2020 | Regular Session | Amended
Bill Title: Parole.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2020-09-30 - Vetoed by Governor. [AB2342 Detail]
Download: California-2019-AB2342-Amended.html
Amended
IN
Assembly
May 04, 2020 |
Introduced by Assembly Member McCarty |
February 18, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Under existing law, except as otherwise exempted, a person completing a term of imprisonment in the state prison shall be released for a period of supervised parole. Existing law specifies the length of parole for various classifications of inmates. Under existing law, an inmate is released to the county of their residence before incarceration or, when the interest of public safety is best served, to another location specified by the Board of Parole Hearings.
This bill would express the intent of the Legislature to enact legislation establishing a program under which the length of a parolee’s period of parole could be reduced by earning credits related to the
completion of specified reintegration activities.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2933 of the Penal Code is amended to read:2933.
(a) It is the intent of the Legislature that persons convicted of a crime and sentenced to the state prison under Section 1170 serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation pursuant to this section and Section 2933.05.SEC. 2.
Section 2935.5 is added to the Penal Code, to read:2935.5.
If any error in sentencing is discovered by the Department of Corrections and Rehabilitation or any agent thereof, that error shall be disclosed directly to the court and to the inmate or person on parole in writing immediately upon the discovery of the sentencing error.SEC. 3.
Section 3000 of the Penal Code is amended to read:3000.
(a) (1) The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration ofSEC. 4.
Section 3001 of the Penal Code is amended to read:3001.
(a) (1) Notwithstanding any other provision of law,(2)
(3)Notwithstanding any other provision of law, when any person referred to in paragraph
(2) of subdivision (b) of Section 3000 who was imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, has been released on parole from the state prison for a period not exceeding three years and has been on parole continuously for two years since release from confinement, or has been released on parole from the state prison for a period not exceeding five years and has been on parole continuously for three years since release from confinement, the department shall discharge, within 30 days, that person from parole, unless the department recommends to the board that the person be retained on parole and the board, for good cause, determines that the person will be retained. The board shall make a written record of its determination and the department shall transmit a copy thereof to the parolee.
(4)This subdivision shall apply only to those persons whose commitment offense occurred prior to the effective date
of the act adding this paragraph.
(f)The Department of Corrections and Rehabilitation shall, within 60 days from the date that the act adding this subdivision is effective, submit to the Board of Parole Hearings recommendations pursuant to paragraph (2) of subdivision (a) for any person described in that paragraph who has been released from state prison from October 1, 2010, to the effective date of this subdivision, and who has been on parole continuously for one year since his or her release from confinement. A person who meets the criteria in this subdivision who are not retained on parole by the Board of Parole Hearings by the 91st day after the effective date of this subdivision shall be discharged from parole.
(g)The amendments made to
subdivision (a) during the 2011–12 Regular Session and the First Extraordinary Session of the Legislature shall apply prospectively from October 1, 2011, and no person on parole prior to October 1, 2011, shall be discharged from parole pursuant to subdivision (a) unless one of the following circumstances exist:
(1)The person has been on parole continuously for six consecutive months after October 1, 2011, and the person is not retained by the Board of Parole Hearings for good cause.
(2)The person has, on or after October 1, 2011, been on parole for one year and the Board of Parole Hearings does not retain the person for good cause.
SEC. 5.
Section 3005 is added to the Penal Code, to read:3005.
The Department of Corrections and Rehabilitation shall not assign a caseload of more than 40 persons to any parole agent.SEC. 6.
Article 1.4 (commencing with Section 3007.5) is added to Chapter 8 of Title 1 of Part 3 of the Penal Code, to read:Article 1.4. Parole Reintegration Credits
3007.5.
(a) A person on parole serving a determinate period of parole is entitled to earn reintegration credits to reduce the term of that parole.3007.55.
(a) A parolee who successfully earns and is awarded any amount of reintegration credits pursuant to Section 3007.5 shall, except as prohibited by law and subject to the approval of the parole agent, have their 50-mile radius of restricted travel increased by 25 miles after each annual review during which credits are awarded.3007.56.
Notwithstanding any other law, as a condition of continued state funding, an entity that receives state funds and provides services and programs in the fields of education, job training, workforce placement, health, or housing, shall not deny access to services or programs to a person on the basis that the person is currently or previously has been on parole or postrelease community supervision.3007.57.
(a) On or before January 31, 2022, and annually thereafter, the department shall prepare and submit a report to the Legislature detailing the number of persons who have earned and have been awarded reintegration credits pursuant to this article, and the manner in which those credits were earned. The report shall also describe the measures the department has taken since submitting its previous report, and the measures the department plans to take in advance of submitting its next report, to make programs and activities that are eligible for earning credits available to persons on parole in the districts in which they reside.3007.58.
The Department of Corrections and Rehabilitation and the Board of Parole Hearings shall adopt any regulations necessary to carry out this article.SEC. 7.
Section 3456 of the Penal Code is amended to read:3456.
(a) The county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall maintain postrelease supervision over a person under postrelease supervision pursuant to this title until one of the following events occurs:(2)Any person on postrelease supervision for six consecutive months with no violations of his or her conditions of postrelease supervision that result in a custodial sanction
may be considered for immediate discharge by the supervising county.
(3)
(4)
(5)
(6)
SEC. 8.
Section 4019 of the Penal Code, as amended by Section 3 of Chapter 44 of the Statutes of 2019, is amended to read:4019.
(a) This section applies in all of the following cases:(j)
SEC. 9.
Section 4019 of the Penal Code, as amended by Section 4 of Chapter 44 of the Statutes of 2019, is amended to read:4019.
(a) This section applies in all of the following cases:(j)
SEC. 10.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.It is the intent of the Legislature to enact legislation establishing a program under which the length of a parolee’s period of parole could be reduced by earning credits related to the completion of specified reintegration activities.