Bill Text: CA AB1827 | 2021-2022 | Regular Session | Amended
Bill Title: Criminal procedure: high-risk parolees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-10-24 - From committee: Without further action pursuant to Joint Rule 62(a). [AB1827 Detail]
Download: California-2021-AB1827-Amended.html
|
Amended
IN
Assembly
March 24, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1827
| Introduced by Assembly Member Cooper |
February 07, 2022 |
An act to amend Section 1203.2 of Sections 1203.2, 3000.08, and 3004 of, and to add Section 3000.085 to, the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 1827, as amended, Cooper.
Supervised persons. Criminal procedure: high-risk parolees.
Existing law establishes procedures regarding the revocation, modification, and termination of a probation, conditional sentence or summary probation, or mandatory supervision, or when the person is subject to revocation of postrelease community supervision or parole supervision. 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 subject to revocation of parole supervision, if the officer has probable cause to believe that the supervised person is violating the terms of their supervision. Existing law authorizes a parolee to be housed in a county jail for a maximum of 180 days per revocation.
This bill would make a technical, nonsubstantive change to these provisions.
This bill would require a parole officer or peace officer to arrest a person who is a “high-risk parolee” that the officer has probable cause to believe has violated a term or condition of their supervision. The bill would define a high-risk parolee to include a person subject to registration as a sex offender and convicted of a violent or serious felony, as described. The bill would make it a misdemeanor for high-risk parolees to knowingly fail to report to parole as required. By creating a new crime, this bill would impose a state-mandated local program.
Existing law authorizes the Board of Parole Hearings, the court, or the supervising parole authority to require, as a condition of release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to custody, that an inmate or parolee agree
in writing to the use of electronic monitoring or supervising devices for the purpose of helping to verify their compliance with all other conditions of parole, as specified.
This bill would instead require a high-risk parolee who does not give a residence address, is homeless, or becomes homeless to agree to the use of electronic monitoring or supervising devices. The bill would require the removal of the device if the parolee subsequently obtains a residence that is confirmed by the supervising parole authority.
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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Current law requires that when a “high-risk” offender is released on parole, they meet certain requirements, such as regularly reporting to a parole agent.
(b) Current law also allows for a process in which a high-risk parolee can be remanded
into custody if they fail to meet this reporting requirement.
(c) However, if a high-risk parolee cannot provide a physical address at which they reside, and if they refuse to report to a parole agent, there is virtually no way a parole agent can locate the high-risk parolee.
(d) This is especially problematic due to the Department of Corrections and Rehabilitation not enforcing reporting requirements as a violation of parole. The problem is now magnified, with many parole agents’ caseloads doubled due to staffing shortages and the increased number of high-risk individuals being paroled.
(e) There are currently over 53,000 people on parole in California. Ten thousand have been paroled after a declaration of being transient.
(f) There are currently over 2,200 people who have been paroled just in the County of Sacramento, over 370 of whom declared they did not have a place to live at the time of
parole.
(g) Many of these people who are paroled are considered high risk because they must register as a sex offender, were convicted for a violent crime, or had heavy involvement in gang activity.
(h) Recently, some of these transient high-risk parolees have committed violent crimes like rape and murder. Many had failed to meet the stipulations they agreed to when they paroled.
(i) The Division of Adult Parole Operations’ inability to locate high-risk parolees, and hold them accountable to the agreed stipulations of their parole, plays a part in the lack of services they can provide to transient parolees, getting them onto the road to true rehabilitation.
(j) It is the intent of the Legislature to enhance public safety by incentivizing high-risk parolees to meet the stipulations of their parole agreements and to enhance the Division of Adult Parole Operations’ ability to locate high-risk parolees
who are transient.
SEC. 2.
This act shall be known and may be cited as the Kate Tibbitts Act of 2022.SECTION 1.SEC. 3.
Section 1203.2 of the Penal Code is amended to read:1203.2.
(a)(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 their petition to the supervised person, the supervised person’s 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 their 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 their 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 their right to consult with counsel, and if indigent the right to secure court-appointed counsel. If the supervised person waives their 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 their 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 the person 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) The person is released on probation subject to the supervision of a probation officer.
(B) The person is released on conditional sentence or summary probation not under the care of a probation officer.
(C) The person is subject to mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
(D) The person is subject to revocation of postrelease community supervision pursuant to Section 3455.
(E) The person 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 Title 2.05 (commencing with Section 3450) of Part 3.
(h) At any time during the period of parole subject to revocation pursuant to Section 3000.08, if a parole officer or peace officer
has probable cause to believe that a high-risk parolee, as defined in Section 3000.085, is violating any term or condition of their supervision, the officer shall without a warrant or other process and at any time until the final disposition of the case, rearrest the supervised person and bring them before the court or the court may, in its discretion, issue a warrant for their rearrest. Notwithstanding Section 3056, and unless the supervised person is otherwise serving a period of flash incarceration, whenever any supervised person who is subject to this section and who is not on probation 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 the supervised person from custody under any terms and conditions the court deems appropriate.
SEC. 4.
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 (1) Except as provided in paragraph (2), 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 their 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 them 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.
(2) At any time during the period of parole of a high-risk parolee, as defined in Section 3000.085, and 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 their parole, the agent or officer shall, without warrant or other process and at any time until the final disposition of the case, arrest the person and bring them 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
their 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 their 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 a county jail.
(2) Revoke parole 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.
(g) Confinement pursuant to paragraphs (1) and (2) of subdivision (f) shall not exceed a period of 180 days in a 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 their 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 the person
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. 5.
Section 3000.085 is added to the Penal Code, to read:3000.085.
A person who is a high-risk parolee who knowingly fails to report to the parole authority as required by the terms and conditions of their parole is guilty of a misdemeanor punishable by no more than 180 days in a county jail. As used in this section, “high-risk parolee” means a person on parole who is subject to registration pursuant to Section 290, or who has been convicted of a violent felony pursuant to subdivision (c) of Section 667.5 or who has been convicted of a serious felony pursuant to subdivision (c) of Section 1192.7.SEC. 6.
Section 3004 of the Penal Code is amended to read:3004.
(a) (1) Notwithstanding any other law, the Board of Parole Hearings, the court, or the supervising parole authority may as a condition of release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to custody, that an inmate or parolee agree in writing to the use of electronic monitoring or supervising devices for the purpose of helping to verify(2) Notwithstanding any other law, the Board of Parole Hearings, the court, or the supervising parole authority shall require a high-risk parolee, as defined in Section 3000.085, who does not give a residence, who is homeless, or who becomes homeless, as a condition of release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to custody, to agree in writing to the use of electronic monitoring or supervising devices for the purpose of helping to verify their compliance with all other conditions of parole. If a
high-risk parolee subsequently obtains a residence, the supervising parole authority shall confirm the high-risk parolee’s residence and remove the electronic monitoring or supervising device, if it was imposed pursuant to this paragraph. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the parolee and the agent supervising the parolee that is to be used solely for the purposes of voice identification.
(b) Every inmate who has been convicted for any felony violation of a “registerable sex offense” described in subdivision (c) of Section 290 or any attempt to commit any of the above-mentioned offenses and who is committed to prison and released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning system for life.
(c) Any inmate released on parole pursuant to this section
shall be required to pay for the costs associated with the monitoring by a global positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global positioning monitoring.
