Bill Text: CA SB922 | 2015-2016 | Regular Session | Introduced

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Bill Title: Postrelease community supervision.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB922 Detail]

Download: California-2015-SB922-Introduced.html

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BILL NUMBER: SB 922	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Anderson

                        JANUARY 27, 2016

   An act to amend Section 3451 of the Penal Code, relating to
postrelease community supervision.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 922, as introduced, Anderson. Postrelease community
supervision.
   Existing law generally requires that all persons released from
prison on and after October 1, 2011, after serving a prison term for
a felony, be subject to postrelease community supervision provided by
the probation department in the county to which the person is being
released for a period of 3 years immediately following release. Under
existing law, postrelease community supervision does not apply to
persons released after serving a term for a serious felony, a violent
felony, an offense for which the person was sentenced pursuant to
the Three Strikes law, a crime where the person is classified as a
high risk sex offender, or a crime where the person is required to
undergo treatment by the State Department of State Hospitals because
the person has a severe mental disorder, and requires these persons
to be subject to parole supervision by the Department of Corrections
and Rehabilitation following release from state prison and the
jurisdiction of the court in the county in which the parolee is
released or resides.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3451 of the Penal Code, as amended by Stats.
2015, Ch. 378, Sec. 5., is amended to read:
   3451.  (a) Notwithstanding any other law and except for persons
serving a prison term for any 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 the
probation department of the county to which the person is being
released, 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   does  not
apply to  any   a  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   A    crime for which
the person is classified as a high-risk sex offender.
   (5)  Any   A  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.
   (c) (1) Postrelease supervision under this title shall be
implemented by the county probation department according to a
postrelease strategy designated by each county's board of
supervisors.
   (2) The Department of Corrections and Rehabilitation shall inform
 every   each  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 probation department. The department or probation
department shall also inform persons serving a term of parole or
postrelease community supervision 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 probation department.
Thirty days prior to the release of  any   a
 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.
   (d) A person released to postrelease community supervision
pursuant to subdivision (a) shall, regardless of  any
  a  subsequent determination that the person
should have been released to parole pursuant to Section 3000.08,
remain subject to subdivision (a) after having served 60 days under
supervision pursuant to subdivision (a).