Bill Text: CA SB1027 | 2009-2010 | Regular Session | Amended
Bill Title: Parole: sex offenders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-15 - Set, first hearing. Hearing canceled at the request of author. [SB1027 Detail]
Download: California-2009-SB1027-Amended.html
BILL NUMBER: SB 1027 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2010
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator Wyland
FEBRUARY 12, 2010
An act to amend Section 3000 of add
Section 3041.3 to the Penal Code, relating to parole.
LEGISLATIVE COUNSEL'S DIGEST
SB 1027, as amended, Wyland. Parole: sex offenders.
Existing law requires the Department of Corrections and
Rehabilitation to release a prisoner on a specified period of parole
after the expiration of a specified term of imprisonment. Existing
law , as amended by Proposition 83 of the November 7, 2006,
statewide general election, the Sexual Predator Punishment and
Control Act: Jessica's Law, provides that in the case of sex
offenders who have received a life sentence for the commission of
certain sex offenses the period of parole shall be 10 years.
Existing law provides that the Board of Parole Hearings shall have
the power to allow prisoners imprisoned in the state prisons for an
indeterminate sentence to go upon parole outside the prison walls and
enclosures.
This bill would provide that prisoners who are required to
register pursuant to the Sex Offender Registration Act and who are
sentenced to an indeterminate sentence shall be ineligible for parole
unless the prisoner has been evaluated by 2 practicing psychiatrists
or practicing licensed psychologists, or one practicing psychiatrist
and one practicing licensed psychologist, appointed as specified,
and both of these professionals have determined that the prisoner
poses no danger to society based on an interview and the
administration of the Minnesota Multiphasic Personality Inventory.
The bill would require any psychiatrist or licensed psychologist
performing an evaluation pursuant to these provisions to take into
consideration that prisoner's initial sentencing memorandum that was
issued when the prisoner was sentenced in court. The bill would
provide qualification requirements for the psychiatrists or licensed
psychologists performing this evaluation. The bill would provide that
in the event that the evaluating psychiatrists or licensed
psychologists conclude that their assessments affirmatively support
the prisoner's release on parole, the board shall nonetheless retain
discretion to deny parole based on any other criteria considered by
the board.
This bill would instead provide that in regard to these sex
offenders, the period of parole shall be 15 years.
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 3041.3 is added to the
Penal Code , to read:
3041.3. (a) Notwithstanding any other law, in the case of any
prisoner required to register as a sex offender pursuant to the Sex
Offender Registration Act and sentenced pursuant to any provision of
law, other than Chapter 4.5 (commencing with Section 1170) of Title 7
of Part 2, a prisoner shall not be eligible for parole unless he or
she has been evaluated by two practicing psychiatrists or licensed
psychologists, or one practicing psychiatrist and one practicing
licensed psychologist and both of these professionals have concluded
that the prisoner poses no danger to society and is suitable for
parole pursuant to this section.
(b) The psychiatrists or licensed psychologists evaluating
prisoners pursuant to this section shall be designated by the State
Department of Mental Health to assess prisoners. The psychiatrists or
licensed psychologists, in order to be qualified to assess
prisoners, shall have at least two years experience under the
supervision of psychiatrists or licensed psychologists who have been
designated by the department to assess prisoners. The psychiatrists
or licensed psychologists designated by the department shall be
familiar with the use of objective measures of personalities and,
specifically, with the administration of the Minnesota Multiphasic
Personality Inventory (MMPI).
(c) In assessing prisoners pursuant to this section, the
psychiatrists or licensed psychologists evaluating a prisoner shall
interview the prisoner and administer and interpret an MMPI for the
prisoner. The prisoner's initial sentencing memorandum that was
issued when the prisoner was sentenced in court shall be taken into
consideration by any psychiatrist or licensed psychologist performing
an evaluation of a prisoner pursuant to this section. In order for
the evaluating psychiatrists or licensed psychologists to reach an
assessment that the prisoner may be returned to society on parole,
they must conclude that the assessment affirmatively supports the
release and that he or she does not pose a danger to society.
(d) Notwithstanding any other assessments that may be considered
by the Board of Parole Hearings, no inmate shall be eligible for
parole unless both of the evaluating psychiatrists or licensed
psychologists conclude that the assessment made pursuant to this
section affirmatively supports the prisoner's release on parole. In
the event that the evaluating psychiatrists or licensed psychologists
conclude that their assessments affirmatively support the prisoner's
release on parole pursuant to this section, the board shall
nonetheless retain discretion to deny parole based on any other
criteria considered by the board.
SECTION 1. 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 the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the effective supervision of and surveillance of
parolees, including the judicious use of revocation actions, and to
provide educational, vocational, family and personal counseling
necessary to assist parolees in the transition between imprisonment
and discharge. A sentence pursuant to Section 1168 or 1170 shall
include a period of parole, 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) The parole period of any person found to be a sexually violent
predator shall be tolled until that person is found to no longer be
a sexually violent predator, at which time the period of parole, or
any remaining portion thereof, shall begin to run.
(b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply:
(1) 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), (16),
or (18) of subdivision (c) of Section 667.5 shall be released on
parole for a period not exceeding five years, unless in either case
the parole authority for good cause waives parole and discharges the
inmate from the custody of the department.
(2) In the case of any inmate sentenced under Section 1168, 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 parole authority 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.
(3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
Section 667.61 or 667.71, the period of parole shall be 15 years.
(4) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.
(5) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), or (3), 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), and (3) 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 date of
his or her initial parole.
(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 date of
his or her initial parole.
(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 date of his or
her initial parole.
(6) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority, 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 parole authority. The Department of Corrections and
Rehabilitation or the Board of Parole Hearings 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.
(7) For purposes of this chapter, the Board of Parole Hearings
shall be considered the parole authority.
(8) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the Board
of Parole Hearings, except for any escaped state prisoner or any
state prisoner released prior to his or her scheduled release date
who should be returned to custody, and Section 3060 shall apply.
(9) 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.
