Bill Text: CA AB3077 | 2023-2024 | Regular Session | Amended
Bill Title: Criminal procedure: borderline personality disorder.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-09-28 - Vetoed by Governor. [AB3077 Detail]
Download: California-2023-AB3077-Amended.html
Amended
IN
Assembly
March 11, 2024 |
Introduced by Assembly Member Hart |
February 16, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires a sentence resulting in imprisonment in the state prison to include a period of parole supervision or postrelease community supervision, as specified. Existing law generally specifies the length and review process for parole depending on the violation for which the person has been sentenced and whether the person has violated the terms of their parole.
This bill would make technical, nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1385 of the Penal Code is amended to read:1385.
(a) The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.SEC. 2.
Section 4336 of the Welfare and Institutions Code is amended to read:4336.
(a) As used in this section, “department” means the State Department of State Hospitals.SEC. 3.
Section 4361 of the Welfare and Institutions Code is amended to read:4361.
(a) As used in this section, “department” means the State Department of State Hospitals.(a)This section applies to persons released from state prison on or after July 1, 2020, and who are subject to the jurisdiction of, and parole supervision by, the Department of Corrections and Rehabilitation pursuant to Section 3000.08 of the Penal Code.
(b)Except as provided in subdivision (d) and notwithstanding any other law, persons described in subdivision (a) shall serve a parole term as follows:
(1)Any inmate sentenced to a determinate term shall be released on parole for a period of two years. The inmate shall
be reviewed by the Division of Adult Parole Operations for possible discharge from parole no later than 12 months after release from confinement. If at the time of the review the inmate has been on parole continuously for 12 months since release from confinement without a violation and the inmate is not a person required to be treated as described in Section 2962, the inmate shall be discharged from parole.
(2)Any inmate sentenced to a life term shall be released on parole for a period of three years. The inmate shall be reviewed by the Division of Adult Parole Operations and referred to the Board of Parole Hearings for possible discharge from parole no later than 12 months after release from confinement. If the Board of Parole Hearings
determines the inmate should be retained on parole, the inmate will be reviewed again and referred to the Board of Parole Hearings for possible discharge from parole no later than 24 months after release from confinement.
(c)Upon successful completion of parole, or at the end of the maximum statutory period of parole specified in this section, whichever is earlier, the inmate shall be discharged from parole. The date of the maximum statutory period of parole under this section shall be computed from the date of initial parole and shall be a period chronologically determined. Time during which parole is suspended because the inmate has been returned to custody as a parole violator shall not be credited toward any period of parole unless the inmate is found not guilty of the parole violation.
(1)Except as provided in paragraph (4) of subdivision (a) of Section 3000 and Section
3064,
an inmate who is released on parole for a period of two years shall not be retained under parole supervision or in custody for a period longer than three years from the date of their initial parole.
(2)Except as provided in paragraph (4) of subdivision (a) of Section 3000 and Section 3064, an inmate who is released on parole for a period of three years shall not be retained under parole supervision or in custody for a period longer than four years from the date of their initial parole.
(d)This section shall not apply to any of the following inmates:
(1)An inmate currently incarcerated for an offense that will require the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(2)Inmates whose parole term at the time of the commission of the offense was less than the parole term prescribed in subdivision (b).
(e)The parole review periods specified in subdivision (b) shall not apply to inmates whose review period at the time of the commission of the offense provides for an earlier review period.