Bill Text: CA AB2342 | 2019-2020 | Regular Session | Amended

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

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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

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Amended  IN  Assembly  June 04, 2020

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2342

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Introduced by Assembly Member McCarty

February 18, 2020

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An act to amend Sections 2933, 3000, 3001, 3456, and 4019 of, to add Sections 2935.5 and 3005 to, Section 2933 of, and to add Article 1.4 (commencing with Section 3007.5) to Chapter 8 of Title 1 of Part 3 of, the Penal Code relating to parole.

LEGISLATIVE COUNSEL'S DIGEST

AB 2342, as amended, McCarty. Parole.

(1) Existing law requires that specified persons who have been released on parole from state prison who were not imprisoned for a violent felony, a serious felony, or an offense requiring registration as a sex offender, and who have been on parole for a period of 6 months, be discharged from parole unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person should be retained, and the board, for good cause, determines that the person is to be retained.

Existing law additionally requires specified persons who have been released on parole from state prison who were imprisoned for a serious felony or an offense requiring registration as a sex offender, and who have been on parole continuously for one year since release from confinement, to be similarly discharged from parole. Finally, existing law requires that specified persons who have been released on parole from state prison who were imprisoned for a violent felony, and who have been released on parole for a period not exceeding 3 years and have been on parole continuously for 2 years since release from confinement, or who have been released on parole for a period not exceeding 5 years and have been on parole continuously for 3 years since release from confinement, be similarly discharged from parole.

This bill would instead require all of the persons described, except those imprisoned for an offense requiring registration as a sex offender, who have been on parole continuously for 180 days and during that time have not committed any new offenses or violated the terms or conditions of parole, to be discharged, unless there is good cause, as specified, for the person to be retained.

This bill would make similar changes for persons on postrelease community supervision.

This bill would require, if a person on parole is retained, for a written plan to be developed to provide the person with interventions including counseling and vocational training.

This bill would also require the Department of Corrections and Rehabilitation to prepare and submit a report to the Legislature on the impact of this program on lowering recidivism and other positive outcomes for formerly incarcerated persons.

This bill would also create a program under which the length of a parolee’s period of parole could be reduced through credits earned by successfully completing specified education, training, or treatment programs, or by participating in volunteer service, while adhering to the conditions of parole. The bill would make this program inapplicable to a person who is required to register as a sex offender.

(2) 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. Existing regulations prohibit a parolee from traveling more than 50 miles from their residence without the approval of a parole agent.

The bill would also increase the 50-mile travel restriction for a parolee who successfully participates in the parole credit program, subject to certain restrictions.

The bill would require the Department of Corrections and Rehabilitation and the Board of Parole Hearings to adopt regulations to carry out this program and would require the department to prepare and submit a report to the Legislature regarding the success of the parole credit program, as specified.

This bill would, as a condition of continued state funding, prohibit any entity that receives state funds and provides services and programs in the fields of education, job training, workforce placement, health, or housing, from denying 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.

This bill would require the department to notify an inmate or person on parole and the sentencing court of any sentencing errors that the department or any agent thereof becomes aware of.

This bill would limit the number of persons on parole under the supervision of a single parole agent to 40.

(3) Existing law grants certain credits against a person’s sentence that may be earned by persons who are incarcerated, as specified.

This bill would clarify that the ability to earn credits cannot be waived by the sentencing court or by the defendant as part of a plea agreement.

By changing terms for persons under county supervision, this bill would impose a state-mandated local program.

(4)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.

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 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.

(b) For every six months of continuous incarceration, a prisoner shall be awarded credit reductions from their term of confinement of six months. A lesser amount of credit based on this ratio shall be awarded for any lesser period of continuous incarceration. Credit should be awarded pursuant to regulations adopted by the secretary. Prisoners who are denied the opportunity to earn credits pursuant to subdivision (a) of Section 2932 shall be awarded no credit reduction pursuant to this section. Under no circumstances shall any prisoner receive more than six months’ credit reduction for any six-month period under this section.

(c) Credit is a privilege, not a right. Credit must be earned and may be forfeited pursuant to the provisions of Section 2932. Except as provided in subdivision (a) of Section 2932, every eligible prisoner shall have a reasonable opportunity to participate.

(d) Under regulations adopted by the Department of Corrections and Rehabilitation, which shall require a period of not more than one year free of disciplinary infractions, credit which has been previously forfeited may be restored by the secretary. The regulations shall provide for separate classifications of serious disciplinary infractions as they relate to restoration of credits, the time period required before forfeited credits or a portion thereof may be restored, and the percentage of forfeited credits that may be restored for these time periods. For credits forfeited as specified in paragraph (1) of subdivision (a) of Section 2932, the Department of Corrections and Rehabilitation may provide that up to 180 days of lost credit shall not be restored and up to 90 days of credit shall not be restored for a forfeiture resulting from conspiracy or attempts to commit one of those acts. No credits may be restored if they were forfeited for a serious disciplinary infraction in which the victim died or was permanently disabled. Upon application of the prisoner and following completion of the required time period free of disciplinary offenses, forfeited credits eligible for restoration under the regulations for disciplinary offenses other than serious disciplinary infractions punishable by a credit loss of more than 90 days shall be restored unless, at a hearing, it is found that the prisoner refused to accept or failed to perform in a credit qualifying assignment, or extraordinary circumstances are present that require that credits not be restored. “Extraordinary circumstances” shall be defined in the regulations adopted by the secretary. However, in any case in which credit was forfeited for a serious disciplinary infraction punishable by a credit loss of more than 90 days, restoration of credit shall be at the discretion of the secretary.

The prisoner may appeal the finding through the Department of Corrections and Rehabilitation’s review procedure, which shall include a review by an individual independent of the institution who has supervisorial authority over the institution.

(e) The provisions of subdivision (d) shall also apply in cases of credit forfeited under Section 2931 for offenses and serious disciplinary infractions occurring on or after January 1, 1983.

(f) The ability to earn credits pursuant to this section shall not be waived by a sentencing court or by a defendant as part of a plea agreement.

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 of a person into society and to positive citizenship. It is in the interest of public safety for the state to provide effective supervision and rehabilitation in a manner that improves the likelihood of successful reintegration and reduces instances of recidivism through the provision of reasonably accessible supportive services before and after release from confinement, including educational, vocational, family, and mental health and wellness programs, the application of positive incentives that reward compliant behavior and measurable progress in areas of academic or occupational training, volunteerism, or cognitive behavioral or substance abuse treatment, and the use of responses that are proportionate to the number and severity of any violations of the terms and conditions of parole. The provision of effective supervision requires that a parole agent should be responsible for supervising no more than 40 persons on parole at any given time. A sentence resulting in imprisonment in the state prison pursuant to Section 1168 or 1170 shall include a period of parole supervision or postrelease community supervision, unless waived, or as otherwise provided in this article.

(2)The Legislature finds and declares that it is not the intent of this section to diminish resources allocated to the Department of Corrections and Rehabilitation for parole functions for which the department is responsible. It is also not the intent of this section to diminish the resources allocated to the Board of Parole Hearings to execute its duties with respect to parole functions for which the board is responsible.

(3)The Legislature finds and declares that diligent effort must be made to ensure that parolees are held accountable for their criminal behavior, including, but not limited to, the satisfaction of restitution fines and orders.

(4)For any person subject to a sexually violent predator proceeding pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, an order issued by a judge pursuant to Section 6601.5 of the Welfare and Institutions Code, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon release, shall toll the period of parole of that person, from the date that person is released by the Department of Corrections and Rehabilitation as follows:

(A)If the person is committed to the State Department of State Hospitals as a sexually violent predator and subsequently a court orders that the person be unconditionally discharged, the parole period shall be tolled until the date the judge enters the order unconditionally discharging that person.

(B)If the person is not committed to the State Department of State Hospitals as a sexually violent predator, the tolling of the parole period shall be abrogated and the parole period shall be deemed to have commenced on the date of release from the Department of Corrections and Rehabilitation.

(5)Paragraph (4) applies to persons released by the Department of Corrections and Rehabilitation on or after January 1, 2012. Persons released by the Department of Corrections and Rehabilitation prior to January 1, 2012, shall continue to be subject to the law governing the tolling of parole in effect on December 31, 2011.

(b)Notwithstanding any provision to the contrary in Article 3 (commencing with Section 3040) of this chapter, the following shall apply to any inmate subject to Section 3000.08:

(1)In the case of any inmate sentenced under Section 1168 for a crime committed prior to July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the Board of Parole Hearings for good cause waives parole and discharges the inmate from custody of the department. This subdivision shall also be applicable to inmates who committed crimes prior to July 1, 1977, to the extent specified in Section 1170.2. In the case of any inmate sentenced under Section 1168 for a crime committed on or after July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the department for good cause waives parole and discharges the inmate from custody of the department.

(2)(A)For a crime committed prior to July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period not exceeding three years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period not exceeding 10 years, unless a longer period of parole is specified in Section 3000.1.

(B)For a crime committed on or after July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period of three years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period of 10 years, unless a longer period of parole is specified in Section 3000.1.

(3)Notwithstanding paragraphs (1) and (2), in the case of any 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, the period of parole shall be 10 years, unless a longer period of parole is specified in Section 3000.1.

(4)(A)Notwithstanding paragraphs (1) to (3), inclusive, in the case of a person convicted of and required to register as a sex offender for the commission of an offense specified in Section 261, 262, 264.1, 286, 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, the period of parole shall be 20 years and six months unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of this determination and transmit a copy of it to the parolee.

(B)In the event of a retention on parole, the parolee shall be entitled to a review by the board each year thereafter.

(C)There shall be a board hearing consistent with the procedures set forth in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole to consider the release of the inmate on parole, and notwithstanding the provisions of paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of incarceration or unless there is a new prison commitment following a conviction.

(D)The provisions of Section 3042 shall not apply to any hearing held pursuant to this subdivision.

(5)(A)The Board of Parole Hearings shall consider the request of any inmate whose commitment offense occurred prior to July 1, 2013, regarding the length of parole and the conditions thereof.

(B)For an inmate whose commitment offense occurred on or after July 1, 2013, except for those inmates described in Section 3000.1, the department shall consider the request of the inmate regarding the length of parole and the conditions thereof. For those inmates described in Section 3000.1, the Board of Parole Hearings shall consider the request of the inmate regarding the length of parole and the conditions thereof.

(6)Upon successful completion of parole, or at the end of the maximum statutory period of parole specified for the inmate under paragraph (1), (2), (3), or (4), as the case may be, whichever is earlier, the inmate shall be discharged from custody. The date of the maximum statutory period of parole under this subdivision and paragraphs (1), (2), (3), and (4) shall be computed from the date of initial parole and shall be a period chronologically determined. Time during which parole is suspended because the prisoner has absconded or has been returned to custody as a parole violator shall not be credited toward any period of parole unless the prisoner is found not guilty of the parole violation. However, the period of parole is subject to the following:

(A)Except as provided in Section 3064, in no case may a prisoner subject to three years on parole be retained under parole supervision or in custody for a period longer than four years from the initial parole date.

(B)Except as provided in Section 3064, in no case may a prisoner subject to five years on parole be retained under parole supervision or in custody for a period longer than seven years from the initial parole date.

(C)Except as provided in Section 3064, in no case may a prisoner subject to 10 years on parole be retained under parole supervision or in custody for a period longer than 15 years from the initial parole date.

(7)The Department of Corrections and Rehabilitation shall meet with each inmate at least 30 days prior to the inmate’s good time release date and shall provide, under guidelines specified by the parole authority or the department, whichever is applicable, the conditions of parole and the length of parole up to the maximum period of time provided by law. The inmate has the right to reconsideration of the length of parole and conditions thereof by the department or the parole authority, whichever is applicable. The Department of Corrections and Rehabilitation or the board may impose as a condition of parole that a prisoner make payments on the prisoner’s outstanding restitution fines or orders imposed pursuant to subdivision (a) or (c) of Section 13967 of the Government Code, as operative prior to September 28, 1994, or subdivision (b) or (f) of Section 1202.4.

(8)For purposes of this chapter, and except as otherwise described in this section, the board shall be considered the parole authority.

(9)(A) On and after July 1, 2013, the sole authority to issue warrants for the return to actual custody of any state prisoner released on parole rests with the court pursuant to Section 1203.2, except for any escaped state prisoner or any state prisoner released prior to their scheduled release date who should be returned to custody, and Section 5054.1 shall apply.

(B)Notwithstanding subparagraph (A), any warrant issued by the Board of Parole Hearings prior to July 1, 2013, shall remain in full force and effect until the warrant is served or it is recalled by the board. All prisoners on parole arrested pursuant to a warrant issued by the board shall be subject to a review by the board prior to the department filing a petition with the court to revoke the parole of the petitioner.

(10)It is the intent of the Legislature that efforts be made with respect to persons who are subject to Section 290.011 who are on parole to engage them in treatment.

SEC. 4.Section 3001 of the Penal Code is amended to read:

3001.

(a)(1)Notwithstanding any other provision of law, a person described in paragraph (2) of subdivision (b) of Section 3000 who is not required to register as a sex registrant pursuant to Section 290, who has been released on parole from the state prison, and has been on parole continuously for 180 days since release from confinement, and has not committed any new offenses or violated the terms or conditions of parole during the initial 180 days, shall, within 30 days, be discharged from parole, unless the person does not consent to discharge, or unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained.

(2)If a person is retained on parole pursuant to paragraph (1), the department shall, within 30 days after the decision to retain the person, provide the person with a written explanation of its recommendation to the board. The department shall also adopt a written parole supervision plan to address the person’s behaviors that contributed to the finding of good cause and provide the person with the support and interventions needed to reduce the future risk of offending. These interventions may include, without limitation, counseling and treatment, including medication-assisted therapies, for issues and disorders pertaining to mental health, substance misuse, or addictive behavior; programs or courses designed to advance literacy, vocational training or educational achievements; and services aimed at combating homelessness and achieving housing stability.

(3)If a person is retained on parole pursuant to paragraph (1), has been on parole continuously for any subsequent 180 days following a prior decision to retain the person on parole pursuant to this paragraph or paragraph (1), and has not committed any new offenses or violated the terms or conditions of parole during this 180 days, the person shall, within 30 days, be discharged from parole, unless the person does not consent to discharge, or unless the Department of Corrections and Rehabilitation, after reviewing all relevant material supporting a finding of discharge or retention, including the views of the unit supervisor and District Administrator from the Division of Adult Parole Operations for the person on parole, finds substantial evidence that the person would benefit from support and services that can be provided by the department in collaboration with local agencies and community-based organizations and recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained.

(4)If a person is retained on parole pursuant to paragraph (3), the department shall, within 30 days after the decision to retain the person, provide the person with a written explanation of its recommendation to the board. The department shall also create a written plan describing the relevant community-based support and services that are reasonably available to the person on parole and how the department will help connect the person to those supports and services.

(5)Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who is required to register as a sex offender pursuant to the Sex Offender Registration Act, has been released on parole from the state prison, and has been on parole continuously for one year since release from confinement, within 30 days, that person shall be discharged from parole, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained.

(b)Notwithstanding any other provision of law, when any person referred to in paragraph (1) of subdivision (b) of Section 3000, with the exception of persons described in paragraph (2) of subdivision (a) of Section 3000.1, has been released on parole from the state prison, and has been on parole continuously for three years since release from confinement, the board shall discharge, within 30 days, the person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and the department shall transmit a copy of that determination to the parolee.

(c)Notwithstanding any other provision of law, when any person referred to in paragraph (3) of subdivision (b) of Section 3000 has been released on parole from the state prison, and has been on parole continuously for six years and six months since release from confinement, the board shall discharge, within 30 days, the person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and the department shall transmit a copy thereof to the person.

(d)In the event of a retention on parole, the person on parole shall be entitled to a review by the Board of Parole Hearings each year thereafter until the maximum statutory period of parole has expired.

(e)The amendments to this section made during the 1987–88 Regular Session of the Legislature shall only be applied prospectively and shall not extend the parole period for any person whose eligibility for discharge from parole was fixed as of the effective date of those amendments.

(f)This section does not relieve the department of the duty to award reintegration credits pursuant to Section 3007.5, or to reduce the period of parole imposed by the amount of those credits awarded at the person’s annual parole review. However, a person shall not be discharged from parole before serving at least 180 days of parole after release from confinement in state prison.

(g)(1)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 on parole who receive early discharge pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), the number of those persons who, within three years after the date of discharge are arrested, convicted, and sentenced to a new term of incarceration, and any additional data, including employment and education statistics, identified by the Board of State and Community Corrections as helpful in identifying and addressing causes of recidivism. The report shall also describe, as applicable, the measures the department has taken since submitting the previous report, and the measures the department plans to take in advance of submitting its next report, to reduce rates of recidivism through improvements to the manner of supervision and the types and amount of supportive services.

(2)The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(h)(1)For purposes of this section, good cause exists when the department or the board identifies one or more documented and verifiable behaviors, actions, or omissions by a person on parole that reasonably and persuasively suggest that the person poses an unacceptable risk for committing a serious or violent offense if presently discharged from parole.

(2)For purposes of this section, a new offense or violation of the terms and conditions of parole does not include an offense that results in a custodial sanction of less than 10 consecutive days, unless the offense indicates that the person on parole poses an unreasonable risk of danger to public safety absent continued supervision as supported by objective and verifiable evidence.

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.SEC. 2.

 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.

(b) A person on parole subject to lifetime parole may earn reintegration credits to advance the date of the parolee’s discharge review.

(c) Reintegration credits shall be earned at the following rates for completing the following programs or activities while on parole:

(1) (A) For the completion of an accredited academic program or course, as follows:

(i) For a general equivalency high school diploma, 12 months of credit.

(ii) For an associate degree, 12 months of credit.

(iii) For a bachelor’s degree, 12 months of credit.

(iv) For the completion of any quarter, trimester, or semester-long course taken towards an academic degree for which a passing grade was received and for which credit was not awarded for the completion of a degree, six weeks of credit.

(B) For purposes of this paragraph, “accredited” means that the program or course is accredited by an accrediting agency recognized by the United States Department of Education or the State of California.

(2) For the completion of a certified career or technical education or training program or certificate, six months of credit. For purposes of this paragraph, “certified” means that the career or technical education or training program or certificate is offered by an institution that is approved, certified, or sponsored by a government agency or state-recognized professional licensing or certification body that licenses or certifies persons in a particular profession, occupation, trade, or career field.

(3) For the completion of a cognitive behavioral treatment program, two months of credit.

(4) For the completion of a substance abuse treatment program or residential treatment program that is not ordered by a court, three months of credit.

(5) For the completion of a minimum of 12 voluntary service hours per month, 10 days of credit per month.

(6) If no other credits are earned in the 12-month period before the annual review, a person on parole may earn 15 days of credit per month for remaining free of any new arrests or parole violations.

(d) Reintegration credits may be awarded pursuant to this section for academic achievements completed while on parole in cases in which the parolee began the academic program during the period of incarceration.

(e) Reintegration credits shall not be awarded for the completion of any counseling or treatment that the person is required to complete pursuant to a court order.

(f) Reintegration credits earned during the 12-month period before each annual review shall be awarded at the annual review. The department shall reduce the period of parole imposed on a person on parole pursuant to Section 3000 by the amount of reintegration credit awarded at the parolee’s annual review. Once awarded, earned credits shall not be revoked and may not be waived by any court, parolee, or other government agency.

(g) Any reintegration credits earned during the 12-month period before each annual review may, at the discretion of the parole agent, be revoked and not awarded only if a person on parole has had a new arrest or a parole violation during that 12-month period.

(h) A person on parole may not be awarded more than 12 months of credit earned during a 12-month period. Excess credits earned in a 12-month period before an annual review shall not be awarded in a subsequent year.

(i) In revoking earned credits, the parole agent shall utilize the Parole Violation Decision-Making Instrument described in Section 3768.3 of Title 15 of the California Code of Regulations.

(j) A person on parole shall be awarded retroactive credits pursuant to paragraph (1) or (2) of subdivision (c) for educational or training programs that were completed during the parolee’s current period of parole but before the effective date of this section, subject to the restrictions in this section.

(k) As used in this section, “voluntary service” means any time spent volunteering for a nonprofit or government agency, including time spent visiting prisons, jails, or juvenile detention facilities. Any volunteer activity shall be approved by a parole agent and documented by a site supervisor in a manner prescribed by the department.

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.

(b) The total restricted radius of travel authorized shall not exceed 125 miles.

(c) A parolee may travel outside of their radius of restricted travel for educational or employment-related purposes except as provided in subdivision (d) and subject to the approval of their parole agent.

(d) An increase in travel area made pursuant to this section shall exclude any areas within 35 miles of a victim or witness described in subdivision (f) or (h) of Section 3003 and shall not authorize travel across state borders without a travel pass.

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.

(b)The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

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:

(1)The person has been subject to postrelease supervision pursuant to this title for three years at which time the offender shall be immediately discharged from postrelease supervision.

(2)The person who has been on postrelease supervision continuously for 180 days with no new offenses or violations of the conditions of postrelease supervision during the initial 180 days since release from confinement that result in a custodial sanction shall be discharged from supervision immediately.

(3)Jurisdiction over the person has been terminated by operation of law.

(4)Jurisdiction is transferred to another supervising county agency.

(5)Jurisdiction is terminated by the revocation hearing officer upon a petition to revoke and terminate supervision by the supervising county agency.

(b)Time during which a person on postrelease supervision is suspended because the person has absconded shall not be credited toward any period of postrelease supervision.

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:

(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.

(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.

(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.

(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.

(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.

(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.

(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.

(8)When a prisoner is confined in or committed to a county jail treatment facility, as defined in Section 1369.1, in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.

(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoner’s period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoner’s period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.

(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.

(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.

(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.

(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.

(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the person’s probation or mandatory supervision is revoked, count towards the term to be served.

(j)The ability to earn credits pursuant to this section shall not be waived by a sentencing court or by a defendant as part of a plea agreement

(k)This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.

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:

(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.

(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.

(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.

(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.

(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.

(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.

(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.

(8)When a prisoner is confined in or committed to a county jail treatment facility, as defined in Section 1369.1, in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.

(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoner’s period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoner’s period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.

(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.

(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.

(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.

(i)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.

(j)The ability to earn credits pursuant to this section shall not be waived by a sentencing court or by a defendant as part of a plea agreement.

(k)This section shall become operative on January 1, 2023.

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.