Bill Text: CA AB1182 | 2019-2020 | Regular Session | Amended
Bill Title: Post-release supervision of offenders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1182 Detail]
Download: California-2019-AB1182-Amended.html
Amended
IN
Assembly
April 22, 2019 |
Amended
IN
Assembly
April 01, 2019 |
Assembly Bill | No. 1182 |
Introduced by Assembly Member Carrillo |
February 21, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
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 and rehabilitation of offenders within a policy framework that improves the likelihood of successful reintegration and reduces instances of recidivism through the provision of offender-specific supportive services before and after release from confinement, including educational, vocational, family, and personal counseling and treatment, the wise use of resources, the application of positive incentives that reward compliant behavior and calibrated responses to violations of the terms and conditions of parole, and the use of validated, evidence-based assessments of risks and needs to determine for each parolee the appropriate level of supervision, the correct responses to violations, and the proper time for discharge from parole. A sentence resulting in imprisonment in the state prison pursuant to Section 1168 or 1170 shall include a period of parole supervision or postrelease community supervision, unless waived, or as otherwise provided in this article.SEC. 2.
Section 3001 of the Penal Code is amended to read:3001.
(a) (1) (A) Notwithstanding any other provision of law, a person described in paragraph (2) of subdivision (b) of Section 3000 who was not imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, not imprisoned for a serious felony, as defined by subdivision (c) of Section 1192.7, or is not required to register as a sex offender pursuant to Section 290, who has been released on parole from the state prison, has been on parole continuously and has not committed any(a)The county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall maintain postrelease supervision over a person under postrelease supervision pursuant to this title until one of the following events occurs:
(1)The person has been subject to postrelease supervision pursuant to this title for three years at which time the offender shall be immediately discharged from postrelease supervision.
(2)(A)Any person on postrelease supervision who has been on postrelease supervision and has not committed any crimes for the
initial 180 days since release from confinement, and who has been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be immediately discharged by the supervising county unless that person has violated a condition of parole resulting in custodial sanctions.
(B)Any person on postrelease supervision who has been compliant with the terms and conditions of supervision, has been on supervision and has not committed any crimes for the initial 180 days since release from confinement, and who has not been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be discharged within 30 days by the supervising county unless the superior court of the county that maintains postrelease supervision over the
person determines, for good cause, that the person shall be retained. The court shall make a written record of its determination and shall transmit a copy of that determination to the person on postrelease supervision.
(3)Jurisdiction over the person has been terminated by operation of law.
(4)Jurisdiction is transferred to another supervising county agency.
(5)Jurisdiction is terminated by the revocation hearing officer upon a petition to revoke and terminate supervision by the supervising county agency.
(b)Time during which a person on postrelease supervision is suspended because the person has absconded shall not be credited toward any period of
postrelease supervision.
(c)(1)For the purposes of this section, “good cause” exists when the court identifies one or more documented and verifiable behaviors, actions, or omissions by a person on parole that reasonably and persuasively suggest that the person poses an unacceptable risk for committing a serious or violent offense if presently discharged from supervision.
(2)When good cause is found pursuant to this section, the court shall direct the county agency responsible for postrelease supervision, within 60 days of that finding, to draft and adopt a supervision plan to address the issues that gave rise to the good cause finding and provide the person on supervision with the supports and interventions needed to reduce their future risk of offending.
Those supports and interventions may include, but are not limited to, counseling and treatment, including medication-assisted therapies, for issues and disorders pertaining to mental health, substance misuse, or addictive behavior, programs or courses designed to advance literacy, vocational training, or education achievements, and services aimed at combating homelessness and achieving housing stability.
(d)The amendments made to subdivisions (a) and (c) by the act that added this subdivision shall apply retroactively to persons on postrelease supervision on or before the date of the enactment of those amendments.