Bill Text: CA SB1343 | 2011-2012 | Regular Session | Amended
Bill Title: Postrelease community supervision: local law enforcement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-12 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB1343 Detail]
Download: California-2011-SB1343-Amended.html
BILL NUMBER: SB 1343 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 12, 2012
INTRODUCED BY Senator Emmerson
FEBRUARY 24, 2012
An act to amend Section 6380 of the Family Code,
3451 of the Penal Code, relating to
domestic violence prevention postrelease supervision
.
LEGISLATIVE COUNSEL'S DIGEST
SB 1343, as amended, Emmerson. Domestic violence
prevention: California Law Enforcement Telecommunications System.
Postrelease community supervision: local law
enforcement notification.
Under existing law, a felony where the term is not specified in
the underlying offense shall be punishable by a term of imprisonment
in a county jail for 16 months or 2 or 3 years. Existing law
requires, except for persons serving a prison term for serious or
violent crimes, among other offenses, all persons released from
prison on and after October 1, 2011, or whose sentence has been
deemed served after serving a prison term for a felony, to, upon
release from prison and for a period not exceeding 3 years
immediately following release, be subject to community supervision
provided by a county agency designated by each county's board of
supervisors.
This bill would require a county agency implementing postrelease
supervision to notify all relevant local law enforcement agencies of
the person's residence in the area and to ensure that local summary
criminal history information is available to all local law
enforcement officers.
By establishing additional requirements applicable to county
agencies, this bill would impose a state-mandated local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law requires the transmission of a copy of each civil
harassment, workplace violence, or elder or dependent adult abuse
restraining order to specified law enforcement agencies within one
business day. Among these required transmissions, existing law
requires any law enforcement officer who served a protective order to
submit the proof of service directly into the Department of Justice
Domestic Violence Restraining Order System. Existing law requires the
Department of Justice to maintain a statewide telecommunications
system, entitled the California Law Enforcement Telecommunications
System, and a Domestic Violence Restraining Order System, for use by
law enforcement agencies.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3451 of the Penal
Code is amended to read:
3451. (a) Notwithstanding any other law and except for persons
serving a prison term for any a crime
described in subdivision (b), all persons released from prison on and
after October 1, 2011, or, whose sentence has been deemed served
pursuant to Section 2900.5 after serving a prison term for a felony
shall, upon release from prison and for a period not exceeding three
years immediately following release, be subject to community
supervision provided by a county agency designated by each county's
board of supervisors which is consistent with evidence-based
practices, including, but not limited to, supervision policies,
procedures, programs, and practices demonstrated by scientific
research to reduce recidivism among individuals under postrelease
supervision.
(b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:
(1) A serious felony described in subdivision (c) of Section
1192.7.
(2) A violent felony 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 where the person eligible for release from prison is
classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the State Department of Mental Health
pursuant to Section 2962.
(c) (1) Postrelease supervision under this title shall be
implemented by a county agency according to a postrelease strategy
designated by each county's board of supervisors.
(2) The Department of Corrections and Rehabilitation shall inform
every prisoner subject to the provisions of this title, upon release
from state prison, of the requirements of this title and of his or
her responsibility to report to the county agency responsible for
serving that inmate. The department shall also inform persons serving
a term of parole for a felony offense who are subject to this
section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.
(3) A county agency implementing postrelease supervision pursuant
to this section shall notify all relevant local law enforcement
agencies of the person's residence in the area and shall ensure that
local summary criminal history information is available to all local
law enforcement officers.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 6380 of the Family Code is
amended to read:
6380. (a) Each county, with the approval of the Department of
Justice, shall, by July 1, 1996, develop a procedure, using existing
systems, for the electronic transmission of data, as described in
subdivision (b), to the Department of Justice. The data shall be
electronically transmitted through the California Law Enforcement
Telecommunications System (CLETS) of the Department of Justice by law
enforcement personnel, or with the approval of the Department of
Justice, court personnel, or another appropriate agency capable of
maintaining and preserving the integrity of both the CLETS and the
Domestic Violence Restraining Order System, as described in
subdivision (e). Data entry is required to be entered only once under
the requirements of this section, unless the order is served at a
later time. A portion of all fees payable to the Department of
Justice under subdivision (a) of Section 1203.097 of the Penal Code
for the entry of the information required under this section, based
upon the proportion of the costs incurred by the local agency and
those incurred by the Department of Justice, shall be transferred to
the local agency actually providing the data. All data with respect
to criminal court protective orders issued, modified, extended, or
terminated under subdivision (g) of Section 136.2 of the Penal Code,
and all data filed with the court on the required Judicial Council
forms with respect to protective orders, including their issuance,
modification, extension, or termination, to which this division
applies pursuant to Section 6221, shall be transmitted by the court
or its designee within one business day to law enforcement personnel
by either of the following methods:
(1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into CLETS.
(2) With the approval of the Department of Justice, entering the
order into CLETS directly.
(b) Upon the issuance of a protective order to which this division
applies pursuant to Section 6221, or the issuance of a temporary
restraining order or injunction relating to harassment, unlawful
violence, or the threat of violence pursuant to Section 527.6, 527.8,
or 527.85 of the Code of Civil Procedure, or the issuance of a
criminal court protective order under subdivision (g) of Section
136.2 of the Penal Code, or the issuance of a juvenile court
restraining order related to domestic violence pursuant to Section
213.5, 304, or 362.4 of the Welfare and Institutions Code, or the
issuance of a protective order pursuant to Section 15657.03 of the
Welfare and Institutions Code, or upon registration with the court
clerk of a domestic violence protective or restraining order issued
by the tribunal of another state, as defined in Section 6401, and
including any of the foregoing orders issued in connection with an
order for modification of a custody or visitation order issued
pursuant to a dissolution, legal separation, nullity, or paternity
proceeding, the Department of Justice shall be immediately notified
of the contents of the order and the following information:
(1) The name, race, date of birth, and other personal descriptive
information of the respondent, as required by a form prescribed by
the Department of Justice.
(2) The names of the protected persons.
(3) The date of issuance of the order.
(4) The duration or expiration date of the order.
(5) The terms and conditions of the protective order, including
stay-away, no-contact, residency exclusion, custody, and visitation
provisions of the order.
(6) The department or division number and the address of the
court.
(7) Whether or not the order was served upon the respondent.
(8) The terms and conditions of any restrictions on the ownership
or possession of firearms.
All available information shall be included. However, the
inability to provide all categories of information shall not delay
the entry of the information available.
(c) The information conveyed to the Department of Justice shall
also indicate whether the respondent was present in court to be
informed of the contents of the court order. The respondent's
presence in court shall provide proof of service of notice of the
terms of the protective order. The respondent's failure to appear
shall also be included in the information provided to the Department
of Justice.
(d) (1) Within one business day of service, any law enforcement
officer who served a protective order shall submit the proof of
service directly into the Department of Justice Domestic Violence
Restraining Order System, including his or her name and law
enforcement agency, and shall transmit the original proof of service
form to the issuing court.
(2) Within one business day of receipt of proof of service by a
person other than a law enforcement officer, the clerk of the court
shall submit the proof of service of a protective order directly into
the Department of Justice Domestic Violation Restraining Order
System, including the name of the person who served the order. If the
court is unable to provide this notification to the Department of
Justice by electronic transmission, the court shall, within one
business day of receipt, transmit a copy of the proof of service to a
local law enforcement agency. The local law enforcement agency shall
submit the proof of service directly into the Department of Justice
Domestic Violence Restraining Order System within one business day of
receipt from the court.
(e) The Department of Justice shall maintain a Domestic Violence
Restraining Order System and shall make available to court clerks and
law enforcement personnel, through computer access, all information
regarding the protective and restraining orders and injunctions
described in subdivision (b), whether or not served upon the
respondent.
(f) If a court issues a modification, extension, or termination of
a protective order, it shall be on forms adopted by the Judicial
Council of California and that have been approved by the Department
of Justice, and the transmitting agency for the county shall
immediately notify the Department of Justice, by electronic
transmission, of the terms of the modification, extension, or
termination.
(g) The Judicial Council shall assist local courts charged with
the responsibility for issuing protective orders by developing
informational packets describing the general procedures for obtaining
a domestic violence restraining order and indicating the appropriate
Judicial Council forms. The informational packets shall include a
design, that local courts shall complete, that describes local court
procedures and maps to enable applicants to locate filing windows and
appropriate courts, and shall also include information on how to
return proofs of service, including mailing addresses and fax
numbers. The court clerk shall provide a fee waiver form to all
applicants for domestic violence protective orders. The court clerk
shall provide all Judicial Council forms required by this chapter to
applicants free of charge. The informational packet shall also
contain a statement that the protective order is enforceable in any
state, as defined in Section 6401, and general information about
agencies in other jurisdictions that may be contacted regarding
enforcement of an order issued by a court of this state.
(h) For the purposes of this part, "electronic transmission" shall
include computer access through the California Law Enforcement
Telecommunications System (CLETS).
(i) Only protective and restraining orders issued on forms adopted
by the Judicial Council of California and that have been approved by
the Department of Justice shall be transmitted to the Department of
Justice. However, this provision shall not apply to a valid
protective or restraining order related to domestic or family
violence issued by a tribunal of another state, as defined in Section
6401. Those orders shall, upon request, be registered pursuant to
Section 6404.
