Bill Text: CA SB517 | 2015-2016 | Regular Session | Chaptered
Bill Title: Supervised persons: release.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-07-06 - Chaptered by Secretary of State. Chapter 61, Statutes of 2015. [SB517 Detail]
Download: California-2015-SB517-Chaptered.html
BILL NUMBER: SB 517 CHAPTERED
BILL TEXT
CHAPTER 61
FILED WITH SECRETARY OF STATE JULY 6, 2015
APPROVED BY GOVERNOR JULY 6, 2015
PASSED THE SENATE APRIL 20, 2015
PASSED THE ASSEMBLY JUNE 25, 2015
INTRODUCED BY Senator Monning
FEBRUARY 26, 2015
An act to amend Sections 1203.2, 3000.08, 3056, and 3455 of the
Penal Code, relating to supervised persons.
LEGISLATIVE COUNSEL'S DIGEST
SB 517, Monning. Supervised persons: release.
Existing law allows a probation officer, parole officer, or peace
officer to arrest a person without warrant or other process during
the period that a person is released on probation, conditional
sentence or summary probation, or mandatory supervision, or when the
person is subject to revocation of postrelease community supervision
or parole supervision, if the officer has probable cause to believe
that the supervised person is violating the terms of his or her
supervision.
This bill would allow a court to order the release of a supervised
person from custody under any terms and conditions the court deems
appropriate whenever a supervised person is arrested, with or without
a warrant or the filing of a petition for revocation of supervision,
unless the supervised person is otherwise serving a period of flash
incarceration. The bill would make conforming changes to other
provisions of existing law dealing with the arrest of supervised
persons.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.2 of the Penal Code is amended to read:
1203.2. (a) At any time during the period of supervision of a
person (1) released on probation under the care of a probation
officer pursuant to this chapter, (2) released on conditional
sentence or summary probation not under the care of a probation
officer, (3) placed on mandatory supervision pursuant to subparagraph
(B) of paragraph (5) of subdivision (h) of Section 1170, (4) subject
to revocation of postrelease community supervision pursuant to
Section 3455, or (5) subject to revocation of parole supervision
pursuant to Section 3000.08, if any probation officer, parole
officer, or peace officer has probable cause to believe that the
supervised person is violating any term or condition of his or her
supervision, the officer may, without warrant or other process and at
any time until the final disposition of the case, rearrest the
supervised person and bring him or her before the court or the court
may, in its discretion, issue a warrant for his or her rearrest.
Notwithstanding Section 3056, and unless the supervised person is
otherwise serving a period of flash incarceration, whenever a
supervised person who is subject to this section is arrested, with or
without a warrant or the filing of a petition for revocation as
described in subdivision (b), the court may order the release of a
supervised person from custody under any terms and conditions the
court deems appropriate. Upon rearrest, or upon the issuance of a
warrant for rearrest, the court may revoke and terminate the
supervision of the person if the interests of justice so require and
the court, in its judgment, has reason to believe from the report of
the probation or parole officer or otherwise that the person has
violated any of the conditions of his or her supervision, has become
abandoned to improper associates or a vicious life, or has
subsequently committed other offenses, regardless of whether he or
she has been prosecuted for those offenses. However, the court shall
not terminate parole pursuant to this section. Supervision shall not
be revoked for failure of a person to make restitution imposed as a
condition of supervision unless the court determines that the
defendant has willfully failed to pay and has the ability to pay.
Restitution shall be consistent with a person's ability to pay. The
revocation, summary or otherwise, shall serve to toll the running of
the period of supervision.
(b) (1) Upon its own motion or upon the petition of the supervised
person, the probation or parole officer, or the district attorney,
the court may modify, revoke, or terminate supervision of the person
pursuant to this subdivision, except that the court shall not
terminate parole pursuant to this section. The court in the county in
which the person is supervised has jurisdiction to hear the motion
or petition, or for those on parole, either the court in the county
of supervision or the court in the county in which the alleged
violation of supervision occurred. A person supervised on parole or
postrelease community supervision pursuant to Section 3455 may not
petition the court pursuant to this section for early release from
supervision, and a petition under this section shall not be filed
solely for the purpose of modifying parole. This section does not
prohibit the court in the county in which the person is supervised or
in which the alleged violation of supervision occurred from
modifying a person's parole when acting on the court's own motion or
a petition to revoke parole. The court shall give notice of its
motion, and the probation or parole officer or the district attorney
shall give notice of his or her petition to the supervised person,
his or her attorney of record, and the district attorney or the
probation or parole officer, as the case may be. The supervised
person shall give notice of his or her petition to the probation or
parole officer and notice of any motion or petition shall be given to
the district attorney in all cases. The court shall refer its motion
or the petition to the probation or parole officer. After the
receipt of a written report from the probation or parole officer, the
court shall read and consider the report and either its motion or
the petition and may modify, revoke, or terminate the supervision of
the supervised person upon the grounds set forth in subdivision (a)
if the interests of justice so require.
(2) The notice required by this subdivision may be given to the
supervised person upon his or her first court appearance in the
proceeding. Upon the agreement by the supervised person in writing to
the specific terms of a modification or termination of a specific
term of supervision, any requirement that the supervised person make
a personal appearance in court for the purpose of a modification or
termination shall be waived. Prior to the modification or termination
and waiver of appearance, the supervised person shall be informed of
his or her right to consult with counsel, and if indigent the right
to secure court appointed counsel. If the supervised person waives
his or her right to counsel a written waiver shall be required. If
the supervised person consults with counsel and thereafter agrees to
a modification, revocation, or termination of the term of supervision
and waiver of personal appearance, the agreement shall be signed by
counsel showing approval for the modification or termination and
waiver.
(c) Upon any revocation and termination of probation the court
may, if the sentence has been suspended, pronounce judgment for any
time within the longest period for which the person might have been
sentenced. However, if the judgment has been pronounced and the
execution thereof has been suspended, the court may revoke the
suspension and order that the judgment shall be in full force and
effect. In either case, the person shall be delivered over to the
proper officer to serve his or her sentence, less any credits herein
provided for.
(d) In any case of revocation and termination of probation,
including, but not limited to, cases in which the judgment has been
pronounced and the execution thereof has been suspended, upon the
revocation and termination, the court may, in lieu of any other
sentence, commit the person to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities if he or she is
otherwise eligible for that commitment.
(e) If probation has been revoked before the judgment has been
pronounced, the order revoking probation may be set aside for good
cause upon motion made before pronouncement of judgment. If probation
has been revoked after the judgment has been pronounced, the
judgment and the order which revoked the probation may be set aside
for good cause within 30 days after the court has notice that the
execution of the sentence has commenced. If an order setting aside
the judgment, the revocation of probation, or both is made after the
expiration of the probationary period, the court may again place the
person on probation for that period and with those terms and
conditions as it could have done immediately following conviction.
(f) As used in this section, the following definitions shall
apply:
(1) "Court" means a judge, magistrate, or revocation hearing
officer described in Section 71622.5 of the Government Code.
(2) "Probation officer" means a probation officer as described in
Section 1203 or an officer of the agency designated by the board of
supervisors of a county to implement postrelease community
supervision pursuant to Section 3451.
(3) "Supervised person" means a person who satisfies any of the
following:
(A) He or she is released on probation subject to the supervision
of a probation officer.
(B) He or she is released on conditional sentence or summary
probation not under the care of a probation officer.
(C) He or she is subject to mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
(D) He or she is subject to revocation of postrelease community
supervision pursuant to Section 3455.
(E) He or she is subject to revocation of parole pursuant to
Section 3000.08.
(g) This section does not affect the authority of the supervising
agency to impose intermediate sanctions, including flash
incarceration, to persons supervised on parole pursuant to Section
3000.8 or postrelease community supervision pursuant to Part 3
(commencing with Section 3450) of Title 2.05.
SEC. 2. Section 3000.08 of the Penal Code is amended to read:
3000.08. (a) 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 is subject to parole supervision by the Department
of Corrections and Rehabilitation and the jurisdiction of the court
in the county in which the parolee is released, resides, or in which
an alleged violation of supervision has occurred, 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 crime for which the person is classified as a high-risk
sex offender.
(5) Any crime for which 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 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 parole agent or peace officer has probable
cause to believe that the parolee is violating any 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. Notwithstanding Section 3056, and
unless the parolee is otherwise serving a period of flash
incarceration, whenever a supervised person who is subject to this
section is arrested, with or without a warrant or the filing of a
petition for revocation as described in subdivision (f), the court
may order the release of the parolee from custody under any terms and
conditions the court deems appropriate.
(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 city or 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. This section does not preclude referrals to a reentry court
pursuant to Section 3015.
(e) "Flash incarceration" is a period of detention in a city or a
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
either the court in the county in which the parolee is being
supervised or the court in the county in which the alleged violation
of supervision occurred, 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.
(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 law, if 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 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, are 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, are subject to the
jurisdiction of the Board of Parole Hearings.
(k) Except as described in subdivision (c), any 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 ) Any person released to parole supervision
pursuant to subdivision (a) shall, regardless of any subsequent
determination that the person should have been released pursuant to
subdivision (b), remain subject to subdivision (a) after having
served 60 days under supervision pursuant to subdivision (a).
SEC. 3. Section 3056 of the Penal Code is amended to read:
3056. (a) Prisoners 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 (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.
Unless otherwise serving a period of flash incarceration, whenever a
parolee who is subject to this section has been arrested, with or
without a warrant or the filing of a petition for revocation with the
court, the court may order the release of the parolee from custody
under any terms and conditions the court deems appropriate. 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. 4. 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 a county jail.
(2) Revoke and terminate postrelease community supervision and
order the person to confinement in a county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(b) (1) At any time during the period of postrelease community
supervision, if a 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 a 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.
(3) Unless a person subject to postrelease community supervision
is otherwise serving a period of flash incarceration, whenever a
person who is subject to this section is arrested, with or without a
warrant or the filing of a petition for revocation, the court may
order the release of the person under supervision from custody under
any terms and conditions the court deems appropriate.
(c) The revocation hearing shall be held within a reasonable time
after the filing of the revocation petition. Except as provided in
paragraph (3) of subdivision (b), based upon a showing of a
preponderance of the evidence that a person under supervision poses
an unreasonable risk to public safety, or that 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 a 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.
