Bill Text: CA AB601 | 2013-2014 | Regular Session | Amended

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Bill Title: Parole.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB601 Detail]

Download: California-2013-AB601-Amended.html

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BILL NUMBER: AB 601	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Members  Cooley  
  and Eggman   Eggman   and
Cooley 

                        FEBRUARY 20, 2013

   An act to amend Sections 3000.08 and 3056 of the Penal Code,
relating to parole.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 601, as amended,  Cooley  Eggman. Parole.
   Existing law requires that persons released after serving a term
in state prison for specified felonies be subject to parole
supervision by the Department of Corrections and Rehabilitation.
Under existing law, if the supervising parole agency has determined
that other sanctions are inappropriate, the agency may petition the
court to revoke parole for specified violations. The court may
respond to this petition by returning the person to parole
supervision with a modification of conditions, revoke parole and
order confinement in county jail, or refer the person to a reentry
court.
   This bill would authorize the court, upon petition, to revoke
parole and return the person to state prison for a period not to
exceed one year. The bill would require the Legislative Analyst's
Office, on or before January 1, 2015, to produce a report, to be
delivered to the Assembly, the Senate, and the Governor's office,
evaluating the criminal justice realignment, specifically with regard
to offenders under state supervision, as specified.
   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 3000.08 of the Penal Code, as amended by
Section 35 of Chapter 43 of the Statutes of 2012, is amended to read:

   3000.08.  (a)  Persons   A person 
released from state prison prior to or on or after July 1, 2013,
after serving a prison term or, whose sentence has been deemed served
pursuant to Section 2900.5, for any of the following crimes shall be
subject to parole supervision by the Department of Corrections and
Rehabilitation and the jurisdiction of the court in the county where
the parolee is released or resides for the purpose of hearing
petitions to revoke parole and impose a term of custody:
   (1) A serious felony as described in subdivision (c) of Section
1192.7.
   (2) A violent felony as 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)  Any   A  crime where the person
eligible for release from prison is classified as a High Risk Sex
Offender.
   (5)  Any   A  crime where the person is
required, as a condition of parole, to undergo treatment by the State
Department of State Hospitals pursuant to Section 2962.
   (b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
   (c) At any time during the period of parole of a person subject to
this section, if  any   a  parole agent or
peace officer has probable cause to believe that the parolee is
violating  any   a  term or condition of
his or her parole, the agent or officer may, without warrant or other
process and at any time until the final disposition of the case,
arrest the person and bring him or her before the court, or the court
may, in its discretion, issue a warrant for that person's arrest
pursuant to Section 1203.2.
   (d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole agency may
impose additional and appropriate conditions of supervision,
including rehabilitation and treatment services and appropriate
incentives for compliance, and impose immediate, structured, and
intermediate sanctions for parole violations, including flash
incarceration in a county jail. Periods of "flash incarceration," as
defined in subdivision (e) are encouraged as one method of punishment
for violations of a parolee's conditions of parole. Nothing in this
section is intended to preclude referrals to a reentry court pursuant
to Section 3015.
   (e) "Flash incarceration" is a period of detention in county jail
due to a violation of a parolee's conditions of parole. The length of
the detention period can range between one and 10 consecutive days.
Shorter, but if necessary more frequent, periods of detention for
violations of a parolee's conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.

   (f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall, pursuant to Section 1203.2, petition
the court in the county in which the parolee is being supervised to
revoke parole. At any point during the process initiated pursuant to
this section, a parolee may waive, in writing, his or her right to
counsel, admit the parole violation, waive a court hearing, and
accept the proposed parole modification or revocation. The petition
shall include a written report that contains additional information
regarding the petition, including the relevant terms and conditions
of parole, the circumstances of the alleged underlying violation, the
history and background of the parolee, 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 parole, the court
shall have authority to do any of the following:
   (1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
   (2) Revoke parole 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) Revoke parole and order the person returned to state prison
for a period of time not to exceed one year.
   (g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the county jail.
   (h) Notwithstanding any other provision of law, in any case where
Section 3000.1 or paragraph (4) of subdivision (b) of Section 3000
applies to a person who is on parole and the court determines that
the person has committed a violation of law or violated his or her
conditions of parole, the person on parole shall be remanded to the
custody of the Department of Corrections and Rehabilitation and the
jurisdiction of the Board of Parole Hearings for the purpose of
future parole consideration.
   (i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
   (1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which  they were
  he or she was  convicted and subsequently
sentenced to state prison.
   (2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
   (j) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, shall be subject
to the jurisdiction of the Board of Parole Hearings. Parole
revocation proceedings conducted by the Board of Parole Hearings
prior to July 1, 2013, if reopened on or after July 1, 2013, shall be
subject to the jurisdiction of the Board of Parole Hearings.
   (k) Except as described in subdivision (c),  any 
 a  person who is convicted of a felony that requires
community supervision and who still has a period of state parole to
serve shall discharge from state parole at the time of release to
community supervision.
   (  l  ) This section shall become operative on July 1,
2013.
  SEC. 2.  Section 3056 of the Penal Code is amended to read:
   3056.  (a)  Prisoners   A prisoner  on
parole shall remain under the supervision of the department but shall
not be returned to prison except as provided in subdivision (b) or
as provided by subdivision (f) of Section 3000.08 or subdivision (c)
of Section 3000.09. A parolee awaiting a parole revocation hearing
may be housed in a county jail while awaiting revocation proceedings.
If a parolee is housed in a county jail, he or she shall be housed
in the county in which he or she was arrested or the county in which
a petition to revoke parole has been filed or, if there is no county
jail in that county, in the housing facility with which that county
has contracted to house jail inmates. Additionally, except as
provided by subdivision (c) of Section 3000.09, upon revocation of
parole, a parolee may be housed in a county jail for a maximum of 180
days per revocation. When housed in county facilities, parolees
shall be under the sole legal custody and jurisdiction of local
county facilities. A parolee shall remain under the sole legal
custody and jurisdiction of the local county or local correctional
administrator, even if placed in an alternative custody program in
lieu of incarceration, including, but not limited to, work furlough
and electronic home detention. When a parolee is under the legal
custody and jurisdiction of a county facility awaiting parole
revocation proceedings or upon revocation, he or she shall not be
under the parole supervision or jurisdiction of the department. When
released from the county facility or county alternative custody
program following a period of custody for revocation of parole or
because no violation of parole is found, the parolee shall be
returned to the parole supervision of the department for the duration
of parole.
   (b) Inmates paroled pursuant to Section 3000.1 may be returned to
prison following the revocation of parole by the Board of Parole
Hearings until July 1, 2013, and thereafter by a court pursuant to
Section 3000.08.
   (c) A parolee who is subject to subdivision (a) but who is under
18 years of age may be housed in a facility of the Division of
Juvenile Facilities.
  SEC. 3.  On or before January 1, 2015, the Legislative Analyst's
Office shall produce a report, to be delivered to the Assembly, the
Senate, and the Governor's office, evaluating the criminal justice
realignment, specifically with regard to offenders under state
supervision, including rates of recidivism, figures on violation of
parole, the type and severity of reoffense leading to return to state
prison, the history of parole violation in those cases leading to a
return to state prison, and the adequacy of county facilities to
confine parole violators.