Bill Text: CA SB1398 | 2011-2012 | Regular Session | Introduced
Bill Title: Parole: supervision.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-08 - Referred to Com. on RLS. [SB1398 Detail]
Download: California-2011-SB1398-Introduced.html
BILL NUMBER: SB 1398 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Anderson
FEBRUARY 24, 2012
An act to amend Section 3000.08 of the Penal Code, relating to
parole.
LEGISLATIVE COUNSEL'S DIGEST
SB 1398, as introduced, Anderson. Parole: supervision.
Existing law, operative until July 1, 2013, provides that
prisoners released from state prison after serving a prison term for
specified felonies shall be subject to the jurisdiction of, and
parole supervision by, the Department of Corrections and
Rehabilitation. Existing law, operative July 1, 2013, provides that
persons released from state prison prior to or on or after July 1,
2013 after serving a prison term for specified felonies shall be
subject to parole supervision by the department and to the
jurisdiction of the court in the county where the parolee is released
or resides for the purpose of hearing petitions to revoke parole and
impose a term of custody.
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 3000.08 of the Penal Code, as amended by
Section 17 of Chapter 12 of the First Extraordinary Session of the
Statutes of 2011, is amended to read:
3000.08. (a) Persons released from state prison on or after
October 1, 2011, after serving a prison term , or
, whose sentence has been deemed served pursuant to
Section 2900.5, for any of the following crimes shall be subject to
the jurisdiction of , and parole supervision by ,
the Department of Corrections and Rehabilitation:
(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 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.
(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
(c) 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 committed a felony for which they were
he or she was 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.
(d) 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.
(e) This section shall remain operative only until July
1, 2013, and as of January 1, 2014, is repealed, unless a later
enacted statute, that is enacted before January 1, 2014, deletes or
extends that date.
