AB 1408: Crimes: supervised release.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-09-15
(1)Existing law requires the Department of Corrections and Rehabilitation to provide specified information to local law enforcement agencies regarding an inmate released by the department to the agencys jurisdiction on parole or postrelease community supervision, including a record of the offense for which the inmate was convicted that resulted in parole or postrelease community supervision.
This bill would require the department to also provide the local law enforcement agency with copies of the record of supervision during any prior period of parole.
(2)Existing law requires the department to be the agency primarily responsible for the Law Enforcement Automated Data System and requires county agencies supervising inmates released from prison on postrelease community supervision to provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. Under existing law, this information may include the issuance of warrants, revocations, or the termination of postrelease community supervision.
This bill would require the county to provide the department, upon request, with all records of supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(3)Existing law provides the procedure by which the Board of Parole Hearings considers an indeterminately sentenced inmates suitability for parole and generally requires a panel of the board, or the board, sitting en banc, to grant parole on the inmates minimum eligible parole date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration.
This bill would require the panel or board, sitting en banc, to consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(4)Existing law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate.
This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of his or her release for a third time. The bill would allow a peace officer to arrest a person without warrant who fails to appear at a hearing to revoke, modify, or terminate postrelease community supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(5)Existing law allows each county agency responsible for postrelease supervision to determine appropriate responses to alleged violations, which can include a one to 10 consecutive day period of flash incarceration.
This bill would require the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(6)This bill would incorporate additional changes to Section 3003 of the Penal Code proposed by AB 335 to be operative only if this bill and AB 335 are enacted and this bill is enacted last.
(7)This bill would incorporate additional changes to Section 3041 of the Penal Code proposed by AB 1448 to be operative only if this bill and AB 1448 are enacted and this bill is enacted last.
(8)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.
(1)Existing law requires the Department of Corrections and Rehabilitation to provide specified information to local law enforcement agencies regarding an inmate released by the department to the agencys jurisdiction on parole or postrelease community supervision, including a record of the offense for which the inmate was convicted that resulted in parole or postrelease community supervision.
This bill would require the department to also provide the local law enforcement agency with copies of the record of supervision during any prior period of parole.
(2)Existing law requires the department to be the agency primarily responsible for the Law Enforcement Automated Data System and requires county agencies supervising inmates released from prison on postrelease community supervision to provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. Under existing law, this information may include the issuance of warrants, revocations, or the termination of postrelease community supervision.
This bill would require the county to provide the department, upon request, with all records of supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(3)Existing law provides the procedure by which the Board of Parole Hearings considers an indeterminately sentenced inmates suitability for parole and generally requires a panel of the board, or the board, sitting en banc, to grant parole on the inmates minimum eligible parole date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration.
This bill would require the panel or board, sitting en banc, to consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(4)Existing law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate.
This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of his or her release for a third time. The bill would allow a peace officer to arrest a person without warrant who fails to appear at a hearing to revoke, modify, or terminate postrelease community supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(5)Existing law allows each county agency responsible for postrelease supervision to determine appropriate responses to alleged violations, which can include a one to 10 consecutive day period of flash incarceration.
This bill would require the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(6)This bill would incorporate additional changes to Section 3003 of the Penal Code proposed by AB 335 to be operative only if this bill and AB 335 are enacted and this bill is enacted last.
(7)This bill would incorporate additional changes to Section 3041 of the Penal Code proposed by AB 1448 to be operative only if this bill and AB 1448 are enacted and this bill is enacted last.
(6)(8)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.
(1)Existing law requires the Department of Corrections and Rehabilitation to provide specified information to local law enforcement agencies regarding an inmate released by the department to the agencys jurisdiction on parole or postrelease community supervision, including a record of the offense for which the inmate was convicted that resulted in parole or postrelease community supervision.
This bill would require the department to also provide the local law enforcement agency with copies of the record of supervision during any prior period of parole.
(2)Existing law requires the department to be the agency primarily responsible for the Law Enforcement Automated Data System and requires county agencies supervising inmates released from prison on postrelease community supervision to provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. Under existing law, this information may include the issuance of warrants, revocations, or the termination of postrelease community supervision.
This bill would require the county to provide the department, upon request, with all records of supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(3)Existing law provides the procedure by which the Board of Parole Hearings considers an indeterminately sentenced inmates suitability for parole and generally requires a panel of the board, or the board, sitting en banc, to grant parole on the inmates minimum eligible parole date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration.
This bill would require the panel or board, sitting en banc, to consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(4)Existing law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate.
This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of his or her release for a third time. The bill would allow a peace officer to arrest a person without warrant who fails to appear at a hearing to revoke, modify, or terminate postrelease community supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(5)Existing law allows each county agency responsible for postrelease supervision to determine appropriate responses to alleged violations, which can include a one to 10 consecutive day period of flash incarceration.
This bill would require the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(5)(6)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.
(1)Existing law requires the Department of Corrections and Rehabilitation to provide specified information to local law enforcement agencies regarding an inmate released by the department to the agencys jurisdiction on parole or postrelease community supervision, including a record of the offense for which the inmate was convicted that resulted in parole or postrelease community supervision.
This bill would require the department to also provide the local law enforcement agency with copies of the record of supervision during any prior period of parole.
(2)Existing law requires the department to be the agency primarily responsible for the Law Enforcement Automated Data System and requires county agencies supervising inmates released from prison on postrelease community supervision to provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. Under existing law, this information may include the issuance of warrants, revocations, or the termination of postrelease community supervision.
This bill would require the county to provide the department, upon request, with all records of supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(2)(3)Existing law provides the procedure by which the Board of Parole Hearings considers an indeterminately sentenced inmates suitability for parole and generally requires a panel of the board, or the board, sitting en banc, to grant parole on the inmates minimum eligible parole date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration.
This bill would require the panel or board, sitting en banc, to consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(3)(4)Existing law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate.
This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of his or her release for a third time. The bill would allow a peace officer to arrest a person without warrant who fails to appear at a hearing to revoke, modify, or terminate postrelease community supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(4)(5)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.
(1)Existing law requires the Department of Corrections and Rehabilitation to provide specified information to local law enforcement agencies regarding an inmate released by the department to the agencys jurisdiction on parole or postrelease community supervision, including a record of the offense for which the inmate was convicted that resulted in parole or postrelease community supervision.
This bill would require the department to also provide the local law enforcement agency with copies of the record of supervision during any prior period of parole.
(2)Existing law provides the procedure by which the Board of Parole Hearings considers an indeterminately sentenced inmates suitability for parole and generally requires a panel of the board, or the board, sitting en banc, to grant parole on the inmates minimum eligible parole date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration.
This bill would require the panel or board, sitting en banc, to consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(3)Existing law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate.
This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of his or her release for a third time. The bill would allow a peace officer to arrest a person without warrant who fails to appear at a hearing to revoke, modify, or terminate postrelease community supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(4)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.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including motion picture credits for taxable years beginning on or after January 1, 2016, to be allocated by the California Film Commission on or after July 1, 2015, and before July 1, 2020. Existing law limits the aggregate amount of these credits allocated in each fiscal year to $330 million and, subject to a computation and ranking of applicants based on a jobs ratio, requires the California Film Commission to allocate credit amounts for specified categories of qualified motion pictures in an amount equal to 20% or 25%, as may be increased as specified, of qualified expenditures for the production of a qualified motion picture in California.This bill would make a nonsubstantive change to the Personal Income Tax Law credit.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including motion picture credits for taxable years beginning on or after January 1, 2016, to be allocated by the California Film Commission on or after July 1, 2015, and before July 1, 2020. Existing law limits the aggregate amount of these credits allocated in each fiscal year to $330 million and, subject to a computation and ranking of applicants based on a jobs ratio, requires the California Film Commission to allocate credit amounts for specified categories of qualified motion pictures in an amount equal to 20% or 25%, as may be increased as specified, of qualified expenditures for the production of a qualified motion picture in California.
This bill would make a nonsubstantive change to the Personal Income Tax Law credit.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, last legal residence shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 1.1.Section 3003 of the Penal Code is amended to read:3003.(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, last legal residence shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16), of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 2.Section 3041 of the Penal Code is amended to read:3041.(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 2.1.Section 3041 of the Penal Code is amended to read:3041.(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date or elderly parole eligible date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 3.Section 3454 of the Penal Code is amended to read:3454.(a)Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall establish a review process for assessing and refining a persons program of postrelease supervision. Any additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offenders risk of recidivism, and the offenders criminal history, and be otherwise consistent with law.
(b)Each county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, may determine additional appropriate conditions of supervision listed in Section 3453 consistent with public safety, including the use of continuous electronic monitoring as defined in Section 1210.7, order the provision of appropriate rehabilitation and treatment services, determine appropriate incentives, and determine and order appropriate responses to alleged violations, which can include, but shall not be limited to, immediate, structured, and intermediate sanctions up to and including referral to a reentry court pursuant to Section 3015, or flash incarceration in a city or county jail. Periods of flash incarceration are encouraged as one method of punishment for violations of an offenders condition of postrelease supervision.
(c)As used in this title, flash incarceration is a period of detention in a city or county jail due to a violation of an offenders conditions of postrelease supervision. The length of the detention period can range between one and 10 consecutive days. Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision. Shorter, but if necessary more frequent, periods of detention for violations of an offenders postrelease supervision conditions shall appropriately punish an offender while preventing the disruption in a work or home establishment that typically arises from longer term revocations.
(d)Upon a decision to impose a period of flash incarceration, the probation department shall notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.
SEC. 4.Section 3455 of the Penal Code is amended to read:3455.(a)If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454 are not appropriate, or if the supervised person has violated the terms of his or her release for a third time, the supervising county agency shall petition the court pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease community supervision, waive a court hearing, and accept the proposed modification of his or her postrelease community supervision. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, 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 postrelease community supervision, the revocation hearing officer shall have authority to do all of the following:
(1)Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail.
(2)Revoke and terminate postrelease community supervision 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 courts discretion.
(b)(1)At any time during the period of postrelease community supervision, if a peace officer, including a probation officer, has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, or has failed to appear at a hearing pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a warrant for that persons arrest.
(2)The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice.
(3)Unless a person subject to postrelease community supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate.
(c)The revocation hearing shall be held within a reasonable time after the filing of the revocation petition. Except as provided in paragraph (3) of subdivision (b), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending his or her first court appearance.
(d)Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction.
(e)A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the persons initial entry onto postrelease community supervision, except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456.
SEC. 5.Section 1.1 of this bill incorporates amendments to Section 3003 of the Penal Code proposed by both this bill and Assembly Bill 335. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 3003 of the Penal Code, and (3) this bill is enacted after Assembly Bill 335, in which case Section 1 of this bill shall not become operative.
SEC. 6.Section 2.1 of this bill incorporates amendments to Section 3041 of the Penal Code proposed by both this bill and Assembly Bill 1448. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 3041 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1448, in which case Section 2 of this bill shall not become operative.
SEC. 7.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, last legal residence shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 1.1.Section 3003 of the Penal Code is amended to read:3003.(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, last legal residence shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness. the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16), of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 2.Section 3041 of the Penal Code is amended to read:3041.(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 2.1.Section 3041 of the Penal Code is amended to read:3041.(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date or elderly parole eligible date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 3.Section 3454 of the Penal Code is amended to read:3454.(a)Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall establish a review process for assessing and refining a persons program of postrelease supervision. Any additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offenders risk of recidivism, and the offenders criminal history, and be otherwise consistent with law.
(b)Each county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, may determine additional appropriate conditions of supervision listed in Section 3453 consistent with public safety, including the use of continuous electronic monitoring as defined in Section 1210.7, order the provision of appropriate rehabilitation and treatment services, determine appropriate incentives, and determine and order appropriate responses to alleged violations, which can include, but shall not be limited to, immediate, structured, and intermediate sanctions up to and including referral to a reentry court pursuant to Section 3015, or flash incarceration in a city or county jail. Periods of flash incarceration are encouraged as one method of punishment for violations of an offenders condition of postrelease supervision.
(c)As used in this title, flash incarceration is a period of detention in a city or county jail due to a violation of an offenders conditions of postrelease supervision. The length of the detention period can range between one and 10 consecutive days. Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision. Shorter, but if necessary more frequent, periods of detention for violations of an offenders postrelease supervision conditions shall appropriately punish an offender while preventing the disruption in a work or home establishment that typically arises from longer term revocations.
(d)Upon a decision to impose a period of flash incarceration, the probation department shall notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.
SEC. 4.Section 3455 of the Penal Code is amended to read:3455.(a)If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454 are not appropriate, or if the supervised person has violated the terms of his or her release for a third time, the supervising county agency shall petition the court pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease community supervision, waive a court hearing, and accept the proposed modification of his or her postrelease community supervision. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, 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 postrelease community supervision, the revocation hearing officer shall have authority to do all of the following:
(1)Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail.
(2)Revoke and terminate postrelease community supervision 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 courts discretion.
(b)(1)At any time during the period of postrelease community supervision, if a peace officer, including a probation officer, has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, or has failed to appear at a hearing pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a warrant for that persons arrest.
(2)The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice.
(3)Unless a person subject to postrelease community supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate.
(c)The revocation hearing shall be held within a reasonable time after the filing of the revocation petition. Except as provided in paragraph (3) of subdivision (b), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending his or her first court appearance.
(d)Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction.
(e)A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the persons initial entry onto postrelease community supervision, except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456.
SEC. 5.Section 1.1 of this bill incorporates amendments to Section 3003 of the Penal Code proposed by both this bill and Assembly Bill 335. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 3003 of the Penal Code, and (3) this bill is enacted after Assembly Bill 335, in which case Section 1 of this bill shall not become operative.
SEC. 6.Section 2.1 of this bill incorporates amendments to Section 3041 of the Penal Code proposed by both this bill and Assembly Bill 1448. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 3041 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1448, in which case Section 2 of this bill shall not become operative.
SEC. 5.SEC. 7.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, last legal residence shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 2.Section 3041 of the Penal Code is amended to read:3041.(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 3.Section 3454 of the Penal Code is amended to read:3454.(a)Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall establish a review process for assessing and refining a persons program of postrelease supervision. Any additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offenders risk of recidivism, and the offenders criminal history, and be otherwise consistent with law.
(b)Each county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, may determine additional appropriate conditions of supervision listed in Section 3453 consistent with public safety, including the use of continuous electronic monitoring as defined in Section 1210.7, order the provision of appropriate rehabilitation and treatment services, determine appropriate incentives, and determine and order appropriate responses to alleged violations, which can include, but shall not be limited to, immediate, structured, and intermediate sanctions up to and including referral to a reentry court pursuant to Section 3015, or flash incarceration in a city or county jail. Periods of flash incarceration are encouraged as one method of punishment for violations of an offenders condition of postrelease supervision.
(c)As used in this title, flash incarceration is a period of detention in a city or county jail due to a violation of an offenders conditions of postrelease supervision. The length of the detention period can range between one and 10 consecutive days. Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision. Shorter, but if necessary more frequent, periods of detention for violations of an offenders postrelease supervision conditions shall appropriately punish an offender while preventing the disruption in a work or home establishment that typically arises from longer term revocations.
(d)Upon a decision to impose a period of flash incarceration, the probation department shall notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.
SEC. 3.SEC. 4.Section 3455 of the Penal Code is amended to read:3455.(a)If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454 are not appropriate, or if the supervised person has violated the terms of his or her release for a third time, the supervising county agency shall petition the court pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease community supervision, waive a court hearing, and accept the proposed modification of his or her postrelease community supervision. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, 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 postrelease community supervision, the revocation hearing officer shall have authority to do all of the following:
(1)Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail.
(2)Revoke and terminate postrelease community supervision 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 courts discretion.
(b)(1)At any time during the period of postrelease community supervision, if a peace officer, including a probation officer, has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, or has failed to appear at a hearing pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a warrant for that persons arrest.
(2)The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice.
(3)Unless a person subject to postrelease community supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate.
(c)The revocation hearing shall be held within a reasonable time after the filing of the revocation petition. Except as provided in paragraph (3) of subdivision (b), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending his or her first court appearance.
(d)Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction.
(e)A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the persons initial entry onto postrelease community supervision, except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456.
SEC. 4.SEC. 5.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
REVISIONS: HeadingLine 2.(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, last legal residence shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 2.Section 3041 of the Penal Code is amended to read:3041.(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 3.Section 3455 of the Penal Code is amended to read:3455.(a)If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454 are not appropriate, or if the supervised person has violated the terms of his or her release for a third time, the supervising county agency shall petition the court pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease community supervision, waive a court hearing, and accept the proposed modification of his or her postrelease community supervision. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, 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 postrelease community supervision, the revocation hearing officer shall have authority to do all of the following:
(1)Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail.
(2)Revoke and terminate postrelease community supervision 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 courts discretion.
(b)(1)At any time during the period of postrelease community supervision, if a peace, peace officer, including a probation officer, has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, or has failed to appear at a hearing pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a warrant for that persons arrest.
(2)The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice.
(3)Unless a person subject to postrelease community supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate.
(c)The revocation hearing shall be held within a reasonable time after the filing of the revocation petition. Except as provided in paragraph (3) of subdivision (b), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending his or her first court appearance.
(d)Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction.
(e)A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the persons initial entry onto postrelease community supervision, except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456.
SEC. 4.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, last legal residence shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 2.Section 3041 of the Penal Code is amended to read:3041.(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 3.Section 3455 of the Penal Code is amended to read:3455.(a)If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454 are not appropriate, or if the supervised person has violated the terms of his or her release for a third time, the supervising county agency shall petition the court pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease community supervision, waive a court hearing, and accept the proposed modification of his or her postrelease community supervision. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, 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 postrelease community supervision, the revocation hearing officer shall have authority to do all of the following:
(1)Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail.
(2)Revoke and terminate postrelease community supervision 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 courts discretion.
(b)(1)At any time during the period of postrelease community supervision, if a peace officer peace, including a probation officer, has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, or has failed to appear at a hearing pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a warrant for that persons arrest.
(2)The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice.
(3)Unless a person subject to postrelease community supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate.
(c)The revocation hearing shall be held within a reasonable time after the filing of the revocation petition. Except as provided in paragraph (3) of subdivision (b), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending his or her first court appearance.
(d)Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction.
(e)A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the persons initial entry onto postrelease community supervision, except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456.
SEC. 4.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 17053.95 of the Revenue and Taxation Code is amended to read:17053.95.(a)(1)For taxable years beginning on or after January 1, 2016, there shall be allowed to a qualified taxpayer a credit against the net tax, as defined in Section 17039, subject to a computation and ranking by the California Film Commission in subdivision (g) and the allocation amount categories described in subdivision (i), in an amount equal to 20 percent or 25 percent, whichever is the applicable credit percentage described in paragraph (4), of the qualified expenditures for the production of a qualified motion picture in California. A credit shall not be allowed under this section for any qualified expenditures for the production of a motion picture in California if a credit has been claimed for those same expenditures under Section 17053.85.(2)Except as otherwise provided in this section, the credit shall be allowed for the taxable year in which the California Film Commission issues the credit certificate pursuant to subdivision (g) for the qualified motion picture, but in no instance prior to July 1, 2016, and shall be for the applicable percentage of all qualified expenditures paid or incurred by the qualified taxpayer in all taxable years for that qualified motion picture.(3)The amount of the credit allowed to a qualified taxpayer shall be limited to the amount specified in the credit certificate issued to the qualified taxpayer by the California Film Commission pursuant to subdivision (g).(4)For purposes of paragraphs (1) and (2), the applicable credit percentage shall be:(A)Twenty percent of the qualified expenditures attributable to the production of a qualified motion picture in California, including, but not limited to, a feature, up to one hundred million dollars ($100,000,000) in qualified expenditures, or a television series that relocated to California that is in its second or subsequent years of receiving a tax credit allocation pursuant to this section or Section 17053.85.(B)Twenty-five percent of the qualified expenditures attributable to the production of a qualified motion picture in California where the qualified motion picture is a television series that relocated to California in its first year of receiving a tax credit allocation pursuant to this section.(C)Twenty-five percent of the qualified expenditures, up to ten million dollars ($10,000,000), attributable to the production of a qualified motion picture that is an independent film.(D)Additional credits shall be allowed to a qualified motion picture whose applicable credit percentage is determined pursuant to subparagraph (A), in an aggregate amount not to exceed 5 percent of the qualified expenditures under that subparagraph, as follows:(i)(I)Five percent of qualified expenditures relating to original photography outside the Los Angeles zone.(II)For purposes of this clause:(ia)Applicable period means the period that commences with preproduction and ends when original photography concludes. The applicable period includes the time necessary to strike a remote location and return to the Los Angeles zone.(ib)Los Angeles zone means the area within a circle 30 miles in radius from Beverly Boulevard and La Cienega Boulevard, Los Angeles, California, and includes Agua Dulce, Castaic, including Lake Castaic, Leo Carillo State Beach, Ontario International Airport, Piru, and Pomona, including the Los Angeles County Fairgrounds. The Metro Goldwyn Mayer, Inc. Conejo Ranch property is within the Los Angeles zone.(ic)Original photography includes principal photography and reshooting original footage.(id)Qualified expenditures relating to original photography outside the Los Angeles zone means amounts paid or incurred during the applicable period for tangible personal property purchased or leased and used or consumed outside the Los Angeles zone and relating to original photography outside the Los Angeles zone and qualified wages paid for services performed outside the Los Angeles zone and relating to original photography outside the Los Angeles zone.(ii)Five percent of the qualified expenditures relating to music scoring and music track recording by musicians attributable to the production of a qualified motion picture in California.(iii)Five percent of the qualified expenditures relating to qualified visual effects attributable to the production of a qualified motion picture in California.(b)For the purposes of this section, the following definitions shall apply:(1)Ancillary product means any article for sale to the public that contains a portion of, or any element of, the qualified motion picture.(2)Budget means an estimate of all expenses paid or incurred during the production period of a qualified motion picture. It shall be the same budget used by the qualified taxpayer and production company for all qualified motion picture purposes.(3)Clip use means a use of any portion of a motion picture, other than the qualified motion picture, used in the qualified motion picture.(4)Credit certificate means the certificate issued by the California Film Commission pursuant to subparagraph (C) of paragraph (3) of subdivision (g).(5)(A)Employee fringe benefits means the amount allowable as a deduction under this part to the qualified taxpayer involved in the production of the qualified motion picture, exclusive of any amounts contributed by employees, for any year during the production period with respect to any of the following:(i)Employer contributions under any pension, profit-sharing, annuity, or similar plan.(ii)Employer-provided coverage under any accident or health plan for employees.(iii)The employers cost of life or disability insurance provided to employees.(B)Any amount treated as wages under clause (i) of subparagraph (A) of paragraph (21) shall not be taken into account under this paragraph.(6)Independent film means a motion picture with a minimum budget of one million dollars ($1,000,000) that is produced by a company that is not publicly traded and publicly traded companies do not own, directly or indirectly, more than 25 percent of the producing company.(7)Jobs ratio means the amount of qualified wages paid to qualified individuals divided by the amount of tax credit, not including any additional credit allowed pursuant to subparagraph (D) of paragraph (4) of subdivision (a), as computed by the California Film Commission.(8)Licensing means any grant of rights to distribute the qualified motion picture, in whole or in part.(9)New use means any use of a motion picture in a medium other than the medium for which it was initially created.(10)Pilot for a new television series means the initial episode produced for a proposed television series.(11)(A)Postproduction means the final activities in a qualified motion pictures production, including editing, foley recording, automatic dialogue replacement, sound editing, scoring, music track recording by musicians and music editing, beginning and end credits, negative cutting, negative processing and duplication, the addition of sound and visual effects, sound mixing, film-to-tape transfers, encoding, and color correction.(B)Postproduction does not include the manufacture or shipping of release prints or their equivalent.(12)Preproduction means the process of preparation for actual physical production which begins after a qualified motion picture has received a firm agreement of financial commitment, or is greenlit, with, for example, the establishment of a dedicated production office, the hiring of key crew members, and includes, but is not limited to, activities that include location scouting and execution of contracts with vendors of equipment and stage space.(13)Principal photography means the phase of production during which the motion picture is actually shot, as distinguished from preproduction and postproduction.(14)Production period means the period beginning with preproduction and ending upon completion of postproduction.(15)Qualified entity means a personal service corporation as defined in Section 269A(b)(1) of the Internal Revenue Code, a payroll services corporation, or any entity receiving qualified wages with respect to services performed by a qualified individual.(16) Qualified expenditures means amounts paid or incurred for tangible personal property purchased or leased, and used, within this state in the production of a qualified motion picture and payments, including qualified wages, for services performed within this state in the production of a qualified motion picture.(17)(A)Qualified individual means any individual who performs services during the production period in an activity related to the production of a qualified motion picture.(B)Qualified individual shall not include either of the following:(i)Any individual related to the qualified taxpayer as described in subparagraph (A), (B), or (C) of Section 51(i)(1) of the Internal Revenue Code.(ii)Any 5-percent owner, as defined in Section 416(i)(1)(B) of the Internal Revenue Code, of the qualified taxpayer.(18)(A)Qualified motion picture means a motion picture that is produced for distribution to the general public, regardless of medium, that is one of the following:(i)A feature with a minimum production budget of one million dollars ($1,000,000).(ii)A movie of the week or miniseries with a minimum production budget of five hundred thousand dollars ($500,000).(iii)A new television series of episodes longer than 40 minutes each of running time, exclusive of commercials, that is produced in California, with a minimum production budget of one million dollars ($1,000,000) per episode.(iv)An independent film.(v)A television series that relocated to California.(vi)A pilot for a new television series that is longer than 40 minutes of running time, exclusive of commercials, that is produced in California, and with a minimum production budget of one million dollars ($1,000,000).(B)To qualify as a qualified motion picture, all of the following conditions shall be satisfied:(i)At least 75 percent of the principal photography days occur wholly in California or 75 percent of the production budget is incurred for payment for services performed within the state and the purchase or rental of property used within the state.(ii)Production of the qualified motion picture is completed within 30 months from the date on which the qualified taxpayers application is approved by the California Film Commission. For purposes of this section, a qualified motion picture is completed when the process of postproduction has been finished.(iii)The copyright for the motion picture is registered with the United States Copyright Office pursuant to Title 17 of the United States Code.(iv)Principal photography of the qualified motion picture commences after the date on which the application is approved by the California Film Commission, but no later than 180 days after the date of that approval unless death, disability, or disfigurement of the director or of a principal cast member, an act of God, including, but not limited to, fire, flood, earthquake, storm, hurricane, or other natural disaster, terrorist activities, or government sanction has directly prevented a productions ability to begin principal photography within the prescribed 180-day commencement period.(C)For the purposes of subparagraph (A), in computing the total wages paid or incurred for the production of a qualified motion picture, all amounts paid or incurred by all persons or entities that share in the costs of the qualified motion picture shall be aggregated.(D)Qualified motion picture shall not include commercial advertising, music videos, a motion picture produced for private noncommercial use, such as weddings, graduations, or as part of an educational course and made by students, a news program, current events or public events program, talk show, game show, sporting event or activity, awards show, telethon or other production that solicits funds, reality television program, clip-based programming if more than 50 percent of the content is comprised of licensed footage, documentaries, variety programs, daytime dramas, strip shows, one-half hour (air time) episodic television shows, or any production that falls within the recordkeeping requirements of Section 2257 of Title 18 of the United States Code.(19)(A)Qualified taxpayer means a taxpayer who has paid or incurred qualified expenditures, participated in the Career Readiness requirement, and has been issued a credit certificate by the California Film Commission pursuant to subdivision (g).(B)In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified taxpayer under this section shall be made at the entity level and any credit under this section is not allowed to the pass-thru entity, but shall be passed through to the partners or shareholders in accordance with applicable provisions of Part 10 (commencing with Section 17001) or Part 11 (commencing with Section 23001). For purposes of this paragraph, pass-thru entity means any entity taxed as a partnership or S corporation.(20)Qualified visual effects means visual effects where at least 75 percent or a minimum of ten million dollars ($10,000,000) of the qualified expenditures for the visual effects is paid or incurred in California.(21)(A)Qualified wages means all of the following:(i)Any wages subject to withholding under Division 6 (commencing with Section 13000) of the Unemployment Insurance Code that were paid or incurred by any taxpayer involved in the production of a qualified motion picture with respect to a qualified individual for services performed on the qualified motion picture production within this state.(ii)The portion of any employee fringe benefits paid or incurred by any taxpayer involved in the production of the qualified motion picture that are properly allocable to qualified wage amounts described in clauses (i), (iii), and (iv).(iii)Any payments made to a qualified entity for services performed in this state by qualified individuals within the meaning of paragraph (17).(iv)Remuneration paid to an independent contractor who is a qualified individual for services performed within this state by that qualified individual.(B)Qualified wages shall not include any of the following:(i)Expenses, including wages, related to new use, reuse, clip use, licensing, secondary markets, or residual compensation, or the creation of any ancillary product, including, but not limited to, a soundtrack album, toy, game, trailer, or teaser.(ii)Expenses, including wages, paid or incurred with respect to acquisition, development, turnaround, or any rights thereto.(iii)Expenses, including wages, related to financing, overhead, marketing, promotion, or distribution of a qualified motion picture.(iv)Expenses, including wages, paid per person per qualified motion picture for writers, directors, music directors, music composers, music supervisors, producers, and performers, other than background actors with no scripted lines.(22)Residual compensation means supplemental compensation paid at the time that a motion picture is exhibited through new use, reuse, clip use, or in secondary markets, as distinguished from payments made during production.(23)Reuse means any use of a qualified motion picture in the same medium for which it was created, following the initial use in that medium.(24)Secondary markets means media in which a qualified motion picture is exhibited following the initial media in which it is exhibited.(25)Television series that relocated to California means a television series, without regard to episode length or initial media exhibition, with a minimum production budget of one million dollars ($1,000,000) per episode, that filmed its most recent season outside of California or has filmed all seasons outside of California and for which the taxpayer certifies that the credit provided pursuant to this section is the primary reason for relocating to California.(26)Visual effects means the creation, alteration, or enhancement of images that cannot be captured on a set or location during live action photography and therefore is accomplished in postproduction. It includes, but is not limited to, matte paintings, animation, set extensions, computer-generated objects, characters and environments, compositing (combining two or more elements in a final image), and wire removals. Visual effects does not include fully animated projects, whether created by traditional or digital means.(c)(1)Notwithstanding any other law, a qualified taxpayer may sell any credit allowed under this section that is attributable to an independent film, as defined in paragraph (6) of subdivision (b), to an unrelated party.(2)The qualified taxpayer shall report to the Franchise Tax Board prior to the sale of the credit, in the form and manner specified by the Franchise Tax Board, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the qualified taxpayer for the sale of the credit.(3)In the case where the credit allowed under this section exceeds the net tax, the excess credit may be carried over to reduce the net tax in the following taxable year, and succeeding five taxable years, if necessary, until the credit has been exhausted.(4)A credit shall not be sold pursuant to this subdivision to more than one taxpayer, nor may the credit be resold by the unrelated party to another taxpayer or other party.(5)A party that has acquired tax credits under this subdivision shall be subject to the requirements of this section.(6)In no event may a qualified taxpayer assign or sell any tax credit to the extent the tax credit allowed by this section is claimed on any tax return of the qualified taxpayer.(7)In the event that both the taxpayer originally allocated a credit under this section by the California Film Commission and a taxpayer to whom the credit has been sold both claim the same amount of credit on their tax returns, the Franchise Tax Board may disallow the credit of either taxpayer, so long as the statute of limitations upon assessment remains open.(8)Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this subdivision.(9)Subdivision (g) of Section 17039 shall not apply to any credit sold pursuant to this subdivision.(10)For purposes of this subdivision, the unrelated party or parties that purchase a credit pursuant to this subdivision shall be treated as a qualified taxpayer pursuant to paragraph (1) of subdivision (a).(d)(1)No credit shall be allowed pursuant to this section unless the qualified taxpayer provides the following to the California Film Commission:(A)Identification of each qualified individual.(B)The specific start and end dates of production.(C)The total wages paid.(D)The total amount of qualified wages paid to qualified individuals.(E)The copyright registration number, as reflected on the certificate of registration issued under the authority of Section 410 of Title 17 of the United States Code, relating to registration of claim and issuance of certificate. The registration number shall be provided on the return claiming the credit.(F)The total amounts paid or incurred to purchase or lease tangible personal property used in the production of a qualified motion picture.(G)Information to substantiate its qualified expenditures.(H)Information required by the California Film Commission under regulations promulgated pursuant to subdivision (g) necessary to verify the amount of credit claimed.(I)Provides documentation verifying completion of the Career Readiness requirement.(2)(A)Based on the information provided in paragraph (1), the California Film Commission shall recompute the jobs ratio previously computed in subdivision (g) and compare this recomputed jobs ratio to the jobs ratio that the qualified taxpayer previously listed on the application submitted pursuant to subdivision (g).(B)(i)If the California Film Commission determines that the jobs ratio has been reduced by more than 10 percent for a qualified motion picture other than an independent film, the California Film Commission shall reduce the amount of credit allowed by an equal percentage, unless the qualified taxpayer demonstrates, and the California Film Commission determines, that reasonable cause exists for the jobs ratio reduction.(ii)If the California Film Commission determines that the jobs ratio has been reduced by more than 20 percent for a qualified motion picture other than an independent film, the California Film Commission shall not accept an application described in subdivision (g) from that qualified taxpayer or any member of the qualified taxpayers controlled group for a period of not less than one year from the date of that determination, unless the qualified taxpayer demonstrates, and the California Film Commission determines, that reasonable cause exists for the jobs ratio reduction.(C)If the California Film Commission determines that the jobs ratio has been reduced by more than 30 percent for an independent film, the California Film Commission shall reduce the amount of credit allowed by an equal percentage, plus 10 percent of the amount of credit that would otherwise have been allowed, unless the qualified taxpayer demonstrates, and the California Film Commission determines, that reasonable cause exists for the jobs ratio reduction.(D)For the purposes of this paragraph, reasonable cause means unforeseen circumstances beyond the control of the qualified taxpayer, such as, but not limited to, the cancellation of a television series prior to the completion of the scheduled number of episodes or other similar circumstances as determined by the California Film Commission in regulations to be adopted pursuant to subdivision (e).(e)(1)(A)Subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the California Film Commission shall adopt rules and regulations to implement a Career Readiness requirement by which the California Film Commission shall identify training and public service opportunities that may include, but not be limited to, hiring interns, public service announcements, and community outreach and may prescribe rules and regulations to carry out the purposes of this section, including, subparagraph (D) of paragraph (4) of subdivision (a) and clause (iv) of subparagraph (D) of paragraph (2) of subdivision (g), and including any rules and regulations necessary to establish procedures, processes, requirements, application fee structure, and rules identified in or required to implement this section, including credit and logo requirements and credit allocation procedures over multiple fiscal years where the qualified taxpayer is producing a series of features that will be filmed concurrently.(B)Notwithstanding any other law, prior to preparing a notice of proposed action pursuant to Section 11346.4 of the Government Code and prior to making any revision to the proposed regulation other than a change that is nonsubstantial or solely grammatical in nature, the Governors Office of Business and Economic Development shall first approve the proposed regulation or proposed change to a proposed regulation regarding allocating the credit pursuant to subdivision (i), computing the jobs ratio as described in subdivisions (d) and (g), and defining reasonable cause pursuant to subparagraph (E) of paragraph (2) of subdivision (d).(2)(A)Implementation of this section for the 201516 fiscal year is deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare and, therefore, the California Film Commission is hereby authorized to adopt emergency regulations to implement this section during the 201516 fiscal year in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(B)Nothing in this paragraph shall be construed to require the Governors Office of Business and Economic Development to approve emergency regulations adopted pursuant to this paragraph.(3)The California Film Commission shall not be required to prepare an economic impact analysis pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) with regard to any rules and regulations adopted pursuant to this subdivision.(f)If the qualified taxpayer fails to provide the copyright registration number as required in subparagraph (E) of paragraph (1) of subdivision (d), the credit shall be disallowed and assessed and collected under Section 19051 until the procedures are satisfied.(g)For purposes of this section, the California Film Commission shall do the following:(1)Subject to the requirements of subparagraphs (A) through (E), inclusive, of paragraph (2), on or after July 1, 2015, and before July 1, 2016, in one or more allocation periods per fiscal year, allocate tax credits to applicants.(2)On or after July 1, 2016, and before July 1, 2020, in two or more allocation periods per fiscal year, allocate tax credits to applicants.(A)Establish a procedure for applicants to file with the California Film Commission a written application, on a form jointly prescribed by the California Film Commission and the Franchise Tax Board for the allocation of the tax credit. The application shall include, but not be limited to, the following information:(i)The budget for the motion picture production.(ii)The number of production days.(iii)A financing plan for the production.(iv)The diversity of the workforce employed by the applicant, including, but not limited to, the ethnic and racial makeup of the individuals employed by the applicant during the production of the qualified motion picture, to the extent possible.(v)All members of a combined reporting group, if known at the time of the application.(vi)Financial information, if available, including, but not limited to, the most recently produced balance sheets, annual statements of profits and losses, audited or unaudited financial statements, summary budget projections or results, or the functional equivalent of these documents of a partnership or owner of a single member limited liability company that is disregarded pursuant to Section 23038. The information provided pursuant to this clause shall be confidential and shall not be subject to public disclosure.(vii)The names of all partners in a partnership not publicly traded or the names of all members of a limited liability company classified as a partnership not publicly traded for California income tax purposes that have a financial interest in the applicants qualified motion picture. The information provided pursuant to this clause shall be confidential and shall not be subject to public disclosure.(viii)The amount of qualified wages the applicant expects to pay to qualified individuals.(ix)The amount of tax credit the applicant computes the qualified motion picture will receive, applying the applicable credit percentages described in paragraph (4) of subdivision (a).(x)A statement establishing that the tax credit described in this section is a significant factor in the applicants choice of location for the qualified motion picture. The statement shall include information about whether the qualified motion picture is at risk of not being filmed or specify the jurisdiction or jurisdictions in which the qualified motion picture will be located in the absence of the tax credit. The statement shall be signed by an officer or executive of the applicant.(xi)Any other information deemed relevant by the California Film Commission or the Franchise Tax Board.(B)Establish criteria, consistent with the requirements of this section, for allocating tax credits.(C)Determine and designate applicants who meet the requirements of this section.(D)(i)For purposes of allocating the credit amounts subject to the categories described in subdivision (i) in any fiscal year, the California Film Commission shall do all of the following:(ii)For each allocation date and for each category, list each applicant from highest to lowest according to the jobs ratio as computed by the California Film Commission.(iii)Subject to the applicable credit percentage, allocate the credit to each applicant according to the highest jobs ratio, working down the list, until the credit amount is exhausted.(iv)Pursuant to regulations adopted pursuant to subdivision (e), the California Film Commission may increase the jobs ratio by up to 25 percent if a qualified motion picture increases economic activity in California according to criteria developed by the California Film Commission that would include, but not be limited to, such factors as, the amount of the production and postproduction spending in California, the utilization of production facilities in California, and other criteria measuring economic impact in California as determined by the Film Commission.(v)Notwithstanding any other provision, any television series, relocating television series, or any new television series based on a pilot for a new television series that has been approved and issued a credit allocation by the California Film Commission under this section, Section 23695, 17053.85, or 23685 shall be issued a credit for each subsequent year, for the life of that television series whenever credits are allocated within a fiscal year.(E)Subject to the annual cap and the allocation credit amounts based on categories described in subdivision (i), allocate an aggregate amount of credits under this section and Section 23695, and allocate any carryover of unallocated credits from prior years and the amount of any credits reduced pursuant to paragraph (2) of subdivision (d).(3)Certify tax credits allocated to qualified taxpayers.(A)Establish a verification procedure for the amount of qualified expenditures paid or incurred by the applicant, including, but not limited to, updates to the information in subparagraph (A) of paragraph (2) of subdivision (g).(B)Establish audit requirements that must be satisfied before a credit certificate may be issued by the California Film Commission.(C)(i)Establish a procedure for a qualified taxpayer to report to the California Film Commission, prior to the issuance of a credit certificate, the following information:(I)If readily available, a list of the states, provinces, or other jurisdictions in which any member of the applicants combined reporting group in the same business unit as the qualified taxpayer that, in the preceding calendar year, has produced a qualified motion picture intended for release in the United States market. For purposes of this clause, qualified motion picture shall not include any episodes of a television series that were complete or in production prior to July 1, 2016.(II)Whether a qualified motion picture described in subclause (I) was awarded any financial incentive by the state, province, or other jurisdiction that was predicated on the performance of primary principal photography or postproduction in that location.(ii)The California Film Commission may provide that the report required by this subparagraph be filed in a single report provided on a calendar year basis for those qualified taxpayers that receive multiple credit certificates in a calendar year.(D)Issue a credit certificate to a qualified taxpayer upon completion of the qualified motion picture reflecting the credit amount allocated after qualified expenditures have been verified and the jobs ratio computed under this section. The amount of credit shown in the credit certificate shall not exceed the amount of credit allocated to that qualified taxpayer pursuant to this section.(4)Obtain, when possible, the following information from applicants that do not receive an allocation of credit:(A)Whether the qualified motion picture that was the subject of the application was completed.(B)If completed, in which state or foreign jurisdiction was the primary principal photography completed.(C)Whether the applicant received any financial incentives from the state or foreign jurisdiction to make the qualified motion picture in that location.(5)Provide the Legislative Analysts Office, upon request, any or all application materials or any other materials received from, or submitted by, the applicants, in electronic format when available, including, but not limited to, information provided pursuant to clauses (i) to (xi) inclusive, of subparagraph (A) of paragraph (2).(6)The information provided to the California Film Commission pursuant to this section shall constitute confidential tax information for purposes of Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2.(h)(1)The California Film Commission shall annually provide the Legislative Analysts Office, the Franchise Tax Board, and the board with a list of qualified taxpayers and the tax credit amounts allocated to each qualified taxpayer by the California Film Commission. The list shall include the names and taxpayer identification numbers, including taxpayer identification numbers of each partner or shareholder, as applicable, of the qualified taxpayer.(2)(A)Notwithstanding paragraph (6) of subdivision (g), the California Film Commission shall annually post on its Internet Web site and make available for public release the following:(i)A table which includes all of the following information: a list of qualified taxpayers and the tax credit amounts allocated to each qualified taxpayer by the California Film Commission, the number of production days in California the qualified taxpayer represented in its application would occur, the number of California jobs that the qualified taxpayer represented in its application would be directly created by the production, and the total amount of qualified expenditures expected to be spent by the production.(ii)A narrative staff summary describing the production of the qualified taxpayer as well as background information regarding the qualified taxpayer contained in the qualified taxpayers application for the credit.(B)Nothing in this subdivision shall be construed to make the information submitted by an applicant for a tax credit under this section a public record.(3)The California Film Commission shall provide each city and county in California with an instructional guide that includes, but is not limited to, a review of best practices for facilitating motion picture production in local jurisdictions, resources on hosting and encouraging motion picture production, and the California Film Commissions Model Film Ordinance. The California Film Commission shall maintain on its Internet Web site a list of initiatives by locality that encourage motion picture production in regions across the state. The list shall be distributed to each approved applicant for the program to highlight local jurisdictions that offer incentives to facilitate film production.(i)(1)(A)The aggregate amount of credits that may be allocated for a fiscal year pursuant to this section and Section 23695 is the applicable amount described in the following, plus any amount described in subparagraph (B), (C), or (D):(i)Two hundred thirty million dollars ($230,000,000) in credits for the 201516 fiscal year.(ii)Three hundred thirty million dollars ($330,000,000) in credits for the 201617 fiscal year and each fiscal year thereafter, through and including the 201920 fiscal year.(B)The unused allocation credit amount, if any, for the preceding fiscal year.(C)The amount of previously allocated credits not certified.(D)The amount of any credits reduced pursuant to paragraph (2) of subdivision (d).(2)(A)Notwithstanding the foregoing, the California Film Commission shall allocate the credit amounts subject to the following categories:(i)Independent films shall be allocated 5 percent of the amount specified in paragraph (1).(ii)Features shall be allocated 35 percent of the amount specified in paragraph (1).(iii)A relocating television series shall be allocated 20 percent of the amount specified in paragraph (1).(iv)A new television series, pilots for a new television series, movies of the week, miniseries, and recurring television series shall be allocated 40 percent of the amount specified in paragraph (1).(B)Within 60 days after the allocation period, any unused amount within a category or categories shall be first reallocated to the category described in clause (iv) of subparagraph (A) and, if any unused amount remains, reallocated to another category or categories with a higher demand as determined by the California Film Commission.(C)Notwithstanding the foregoing, the California Film Commission may increase or decrease an allocation amount in subparagraph (A) by 5 percent, if necessary, due to the jobs ratio, the number of applications, or the allocation credit amounts available by category compared to demand.(D)With respect to a relocating television series issued a credit in a subsequent year pursuant to clause (v) of subparagraph (D) of paragraph (2) of subdivision (g), that subsequent credit amount shall be allowed from the allocation amount described in clause (iv) of subparagraph (A).(3)Any act that reduces the amount that may be allocated pursuant to paragraph (1) constitutes a change in state taxes for the purpose of increasing revenues within the meaning of Section 3 of Article XIIIA of the California Constitution and may be passed by not less than two-thirds of all Members elected to each of the two houses of the Legislature.(j)The California Film Commission shall have the authority to allocate tax credits in accordance with this section and in accordance with any regulations prescribed pursuant to subdivision (e) upon adoption.(a)(1)For taxable years beginning on or after January 1, 2016, there shall be allowed to a qualified taxpayer a credit against the net tax, as defined in Section 17039, subject to a computation and ranking by the California Film Commission in subdivision (g) and the allocation amount categories described in subdivision (i), in an amount equal to 20 percent or 25 percent, whichever is the applicable credit percentage described in paragraph (4), of the qualified expenditures for the production of a qualified motion picture in California. A credit shall not be allowed under this section for any qualified expenditures for the production of a motion picture in California if a credit has been claimed for those same expenditures under Section 17053.85.
(2)Except as otherwise provided in this section, the credit shall be allowed for the taxable year in which the California Film Commission issues the credit certificate pursuant to subdivision (g) for the qualified motion picture, but in no instance prior to July 1, 2016, and shall be for the applicable percentage of all qualified expenditures paid or incurred by the qualified taxpayer in all taxable years for that qualified motion picture.
(3)The amount of the credit allowed to a qualified taxpayer shall be limited to the amount specified in the credit certificate issued to the qualified taxpayer by the California Film Commission pursuant to subdivision (g).
(4)For purposes of paragraphs (1) and (2), the applicable credit percentage shall be:
(A)Twenty percent of the qualified expenditures attributable to the production of a qualified motion picture in California, including, but not limited to, a feature, up to one hundred million dollars ($100,000,000) in qualified expenditures, or a television series that relocated to California that is in its second or subsequent years of receiving a tax credit allocation pursuant to this section or Section 17053.85.
(B)Twenty-five percent of the qualified expenditures attributable to the production of a qualified motion picture in California where the qualified motion picture is a television series that relocated to California in its first year of receiving a tax credit allocation pursuant to this section.
(C)Twenty-five percent of the qualified expenditures, up to ten million dollars ($10,000,000), attributable to the production of a qualified motion picture that is an independent film.
(D)Additional credits shall be allowed to a qualified motion picture whose applicable credit percentage is determined pursuant to subparagraph (A), in an aggregate amount not to exceed 5 percent of the qualified expenditures under that subparagraph, as follows:
(i)(I)Five percent of qualified expenditures relating to original photography outside the Los Angeles zone.
(II)For purposes of this clause:
(ia)Applicable period means the period that commences with preproduction and ends when original photography concludes. The applicable period includes the time necessary to strike a remote location and return to the Los Angeles zone.
(ib)Los Angeles zone means the area within a circle 30 miles in radius from Beverly Boulevard and La Cienega Boulevard, Los Angeles, California, and includes Agua Dulce, Castaic, including Lake Castaic, Leo Carillo State Beach, Ontario International Airport, Piru, and Pomona, including the Los Angeles County Fairgrounds. The Metro Goldwyn Mayer, Inc. Conejo Ranch property is within the Los Angeles zone.
(ic)Original photography includes principal photography and reshooting original footage.
(id)Qualified expenditures relating to original photography outside the Los Angeles zone means amounts paid or incurred during the applicable period for tangible personal property purchased or leased and used or consumed outside the Los Angeles zone and relating to original photography outside the Los Angeles zone and qualified wages paid for services performed outside the Los Angeles zone and relating to original photography outside the Los Angeles zone.
(ii)Five percent of the qualified expenditures relating to music scoring and music track recording by musicians attributable to the production of a qualified motion picture in California.
(iii)Five percent of the qualified expenditures relating to qualified visual effects attributable to the production of a qualified motion picture in California.
(b)For the purposes of this section, the following definitions shall apply:
(1)Ancillary product means any article for sale to the public that contains a portion of, or any element of, the qualified motion picture.
(2)Budget means an estimate of all expenses paid or incurred during the production period of a qualified motion picture. It shall be the same budget used by the qualified taxpayer and production company for all qualified motion picture purposes.
(3)Clip use means a use of any portion of a motion picture, other than the qualified motion picture, used in the qualified motion picture.
(4)Credit certificate means the certificate issued by the California Film Commission pursuant to subparagraph (C) of paragraph (3) of subdivision (g).
(5)(A)Employee fringe benefits means the amount allowable as a deduction under this part to the qualified taxpayer involved in the production of the qualified motion picture, exclusive of any amounts contributed by employees, for any year during the production period with respect to any of the following:
(i)Employer contributions under any pension, profit-sharing, annuity, or similar plan.
(ii)Employer-provided coverage under any accident or health plan for employees.
(iii)The employers cost of life or disability insurance provided to employees.
(B)Any amount treated as wages under clause (i) of subparagraph (A) of paragraph (21) shall not be taken into account under this paragraph.
(6)Independent film means a motion picture with a minimum budget of one million dollars ($1,000,000) that is produced by a company that is not publicly traded and publicly traded companies do not own, directly or indirectly, more than 25 percent of the producing company.
(7)Jobs ratio means the amount of qualified wages paid to qualified individuals divided by the amount of tax credit, not including any additional credit allowed pursuant to subparagraph (D) of paragraph (4) of subdivision (a), as computed by the California Film Commission.
(8)Licensing means any grant of rights to distribute the qualified motion picture, in whole or in part.
(9)New use means any use of a motion picture in a medium other than the medium for which it was initially created.
(10)Pilot for a new television series means the initial episode produced for a proposed television series.
(11)(A)Postproduction means the final activities in a qualified motion pictures production, including editing, foley recording, automatic dialogue replacement, sound editing, scoring, music track recording by musicians and music editing, beginning and end credits, negative cutting, negative processing and duplication, the addition of sound and visual effects, sound mixing, film-to-tape transfers, encoding, and color correction.
(B)Postproduction does not include the manufacture or shipping of release prints or their equivalent.
(12)Preproduction means the process of preparation for actual physical production which begins after a qualified motion picture has received a firm agreement of financial commitment, or is greenlit, with, for example, the establishment of a dedicated production office, the hiring of key crew members, and includes, but is not limited to, activities that include location scouting and execution of contracts with vendors of equipment and stage space.
(13)Principal photography means the phase of production during which the motion picture is actually shot, as distinguished from preproduction and postproduction.
(14)Production period means the period beginning with preproduction and ending upon completion of postproduction.
(15)Qualified entity means a personal service corporation as defined in Section 269A(b)(1) of the Internal Revenue Code, a payroll services corporation, or any entity receiving qualified wages with respect to services performed by a qualified individual.
(16) Qualified expenditures means amounts paid or incurred for tangible personal property purchased or leased, and used, within this state in the production of a qualified motion picture and payments, including qualified wages, for services performed within this state in the production of a qualified motion picture.
(17)(A)Qualified individual means any individual who performs services during the production period in an activity related to the production of a qualified motion picture.
(B)Qualified individual shall not include either of the following:
(i)Any individual related to the qualified taxpayer as described in subparagraph (A), (B), or (C) of Section 51(i)(1) of the Internal Revenue Code.
(ii)Any 5-percent owner, as defined in Section 416(i)(1)(B) of the Internal Revenue Code, of the qualified taxpayer.
(18)(A)Qualified motion picture means a motion picture that is produced for distribution to the general public, regardless of medium, that is one of the following:
(i)A feature with a minimum production budget of one million dollars ($1,000,000).
(ii)A movie of the week or miniseries with a minimum production budget of five hundred thousand dollars ($500,000).
(iii)A new television series of episodes longer than 40 minutes each of running time, exclusive of commercials, that is produced in California, with a minimum production budget of one million dollars ($1,000,000) per episode.
(iv)An independent film.
(v)A television series that relocated to California.
(vi)A pilot for a new television series that is longer than 40 minutes of running time, exclusive of commercials, that is produced in California, and with a minimum production budget of one million dollars ($1,000,000).
(B)To qualify as a qualified motion picture, all of the following conditions shall be satisfied:
(i)At least 75 percent of the principal photography days occur wholly in California or 75 percent of the production budget is incurred for payment for services performed within the state and the purchase or rental of property used within the state.
(ii)Production of the qualified motion picture is completed within 30 months from the date on which the qualified taxpayers application is approved by the California Film Commission. For purposes of this section, a qualified motion picture is completed when the process of postproduction has been finished.
(iii)The copyright for the motion picture is registered with the United States Copyright Office pursuant to Title 17 of the United States Code.
(iv)Principal photography of the qualified motion picture commences after the date on which the application is approved by the California Film Commission, but no later than 180 days after the date of that approval unless death, disability, or disfigurement of the director or of a principal cast member, an act of God, including, but not limited to, fire, flood, earthquake, storm, hurricane, or other natural disaster, terrorist activities, or government sanction has directly prevented a productions ability to begin principal photography within the prescribed 180-day commencement period.
(C)For the purposes of subparagraph (A), in computing the total wages paid or incurred for the production of a qualified motion picture, all amounts paid or incurred by all persons or entities that share in the costs of the qualified motion picture shall be aggregated.
(D)Qualified motion picture shall not include commercial advertising, music videos, a motion picture produced for private noncommercial use, such as weddings, graduations, or as part of an educational course and made by students, a news program, current events or public events program, talk show, game show, sporting event or activity, awards show, telethon or other production that solicits funds, reality television program, clip-based programming if more than 50 percent of the content is comprised of licensed footage, documentaries, variety programs, daytime dramas, strip shows, one-half hour (air time) episodic television shows, or any production that falls within the recordkeeping requirements of Section 2257 of Title 18 of the United States Code.
(19)(A)Qualified taxpayer means a taxpayer who has paid or incurred qualified expenditures, participated in the Career Readiness requirement, and has been issued a credit certificate by the California Film Commission pursuant to subdivision (g).
(B)In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified taxpayer under this section shall be made at the entity level and any credit under this section is not allowed to the pass-thru entity, but shall be passed through to the partners or shareholders in accordance with applicable provisions of Part 10 (commencing with Section 17001) or Part 11 (commencing with Section 23001). For purposes of this paragraph, pass-thru entity means any entity taxed as a partnership or S corporation.
(20)Qualified visual effects means visual effects where at least 75 percent or a minimum of ten million dollars ($10,000,000) of the qualified expenditures for the visual effects is paid or incurred in California.
(21)(A)Qualified wages means all of the following:
(i)Any wages subject to withholding under Division 6 (commencing with Section 13000) of the Unemployment Insurance Code that were paid or incurred by any taxpayer involved in the production of a qualified motion picture with respect to a qualified individual for services performed on the qualified motion picture production within this state.
(ii)The portion of any employee fringe benefits paid or incurred by any taxpayer involved in the production of the qualified motion picture that are properly allocable to qualified wage amounts described in clauses (i), (iii), and (iv).
(iii)Any payments made to a qualified entity for services performed in this state by qualified individuals within the meaning of paragraph (17).
(iv)Remuneration paid to an independent contractor who is a qualified individual for services performed within this state by that qualified individual.
(B)Qualified wages shall not include any of the following:
(i)Expenses, including wages, related to new use, reuse, clip use, licensing, secondary markets, or residual compensation, or the creation of any ancillary product, including, but not limited to, a soundtrack album, toy, game, trailer, or teaser.
(ii)Expenses, including wages, paid or incurred with respect to acquisition, development, turnaround, or any rights thereto.
(iii)Expenses, including wages, related to financing, overhead, marketing, promotion, or distribution of a qualified motion picture.
(iv)Expenses, including wages, paid per person per qualified motion picture for writers, directors, music directors, music composers, music supervisors, producers, and performers, other than background actors with no scripted lines.
(22)Residual compensation means supplemental compensation paid at the time that a motion picture is exhibited through new use, reuse, clip use, or in secondary markets, as distinguished from payments made during production.
(23)Reuse means any use of a qualified motion picture in the same medium for which it was created, following the initial use in that medium.
(24)Secondary markets means media in which a qualified motion picture is exhibited following the initial media in which it is exhibited.
(25)Television series that relocated to California means a television series, without regard to episode length or initial media exhibition, with a minimum production budget of one million dollars ($1,000,000) per episode, that filmed its most recent season outside of California or has filmed all seasons outside of California and for which the taxpayer certifies that the credit provided pursuant to this section is the primary reason for relocating to California.
(26)Visual effects means the creation, alteration, or enhancement of images that cannot be captured on a set or location during live action photography and therefore is accomplished in postproduction. It includes, but is not limited to, matte paintings, animation, set extensions, computer-generated objects, characters and environments, compositing (combining two or more elements in a final image), and wire removals. Visual effects does not include fully animated projects, whether created by traditional or digital means.
(c)(1)Notwithstanding any other law, a qualified taxpayer may sell any credit allowed under this section that is attributable to an independent film, as defined in paragraph (6) of subdivision (b), to an unrelated party.
(2)The qualified taxpayer shall report to the Franchise Tax Board prior to the sale of the credit, in the form and manner specified by the Franchise Tax Board, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the qualified taxpayer for the sale of the credit.
(3)In the case where the credit allowed under this section exceeds the net tax, the excess credit may be carried over to reduce the net tax in the following taxable year, and succeeding five taxable years, if necessary, until the credit has been exhausted.
(4)A credit shall not be sold pursuant to this subdivision to more than one taxpayer, nor may the credit be resold by the unrelated party to another taxpayer or other party.
(5)A party that has acquired tax credits under this subdivision shall be subject to the requirements of this section.
(6)In no event may a qualified taxpayer assign or sell any tax credit to the extent the tax credit allowed by this section is claimed on any tax return of the qualified taxpayer.
(7)In the event that both the taxpayer originally allocated a credit under this section by the California Film Commission and a taxpayer to whom the credit has been sold both claim the same amount of credit on their tax returns, the Franchise Tax Board may disallow the credit of either taxpayer, so long as the statute of limitations upon assessment remains open.
(8)Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this subdivision.
(9)Subdivision (g) of Section 17039 shall not apply to any credit sold pursuant to this subdivision.
(10)For purposes of this subdivision, the unrelated party or parties that purchase a credit pursuant to this subdivision shall be treated as a qualified taxpayer pursuant to paragraph (1) of subdivision (a).
(d)(1)No credit shall be allowed pursuant to this section unless the qualified taxpayer provides the following to the California Film Commission:
(A)Identification of each qualified individual.
(B)The specific start and end dates of production.
(C)The total wages paid.
(D)The total amount of qualified wages paid to qualified individuals.
(E)The copyright registration number, as reflected on the certificate of registration issued under the authority of Section 410 of Title 17 of the United States Code, relating to registration of claim and issuance of certificate. The registration number shall be provided on the return claiming the credit.
(F)The total amounts paid or incurred to purchase or lease tangible personal property used in the production of a qualified motion picture.
(G)Information to substantiate its qualified expenditures.
(H)Information required by the California Film Commission under regulations promulgated pursuant to subdivision (g) necessary to verify the amount of credit claimed.
(I)Provides documentation verifying completion of the Career Readiness requirement.
(2)(A)Based on the information provided in paragraph (1), the California Film Commission shall recompute the jobs ratio previously computed in subdivision (g) and compare this recomputed jobs ratio to the jobs ratio that the qualified taxpayer previously listed on the application submitted pursuant to subdivision (g).
(B)(i)If the California Film Commission determines that the jobs ratio has been reduced by more than 10 percent for a qualified motion picture other than an independent film, the California Film Commission shall reduce the amount of credit allowed by an equal percentage, unless the qualified taxpayer demonstrates, and the California Film Commission determines, that reasonable cause exists for the jobs ratio reduction.
(ii)If the California Film Commission determines that the jobs ratio has been reduced by more than 20 percent for a qualified motion picture other than an independent film, the California Film Commission shall not accept an application described in subdivision (g) from that qualified taxpayer or any member of the qualified taxpayers controlled group for a period of not less than one year from the date of that determination, unless the qualified taxpayer demonstrates, and the California Film Commission determines, that reasonable cause exists for the jobs ratio reduction.
(C)If the California Film Commission determines that the jobs ratio has been reduced by more than 30 percent for an independent film, the California Film Commission shall reduce the amount of credit allowed by an equal percentage, plus 10 percent of the amount of credit that would otherwise have been allowed, unless the qualified taxpayer demonstrates, and the California Film Commission determines, that reasonable cause exists for the jobs ratio reduction.
(D)For the purposes of this paragraph, reasonable cause means unforeseen circumstances beyond the control of the qualified taxpayer, such as, but not limited to, the cancellation of a television series prior to the completion of the scheduled number of episodes or other similar circumstances as determined by the California Film Commission in regulations to be adopted pursuant to subdivision (e).
(e)(1)(A)Subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the California Film Commission shall adopt rules and regulations to implement a Career Readiness requirement by which the California Film Commission shall identify training and public service opportunities that may include, but not be limited to, hiring interns, public service announcements, and community outreach and may prescribe rules and regulations to carry out the purposes of this section, including, subparagraph (D) of paragraph (4) of subdivision (a) and clause (iv) of subparagraph (D) of paragraph (2) of subdivision (g), and including any rules and regulations necessary to establish procedures, processes, requirements, application fee structure, and rules identified in or required to implement this section, including credit and logo requirements and credit allocation procedures over multiple fiscal years where the qualified taxpayer is producing a series of features that will be filmed concurrently.
(B)Notwithstanding any other law, prior to preparing a notice of proposed action pursuant to Section 11346.4 of the Government Code and prior to making any revision to the proposed regulation other than a change that is nonsubstantial or solely grammatical in nature, the Governors Office of Business and Economic Development shall first approve the proposed regulation or proposed change to a proposed regulation regarding allocating the credit pursuant to subdivision (i), computing the jobs ratio as described in subdivisions (d) and (g), and defining reasonable cause pursuant to subparagraph (E) of paragraph (2) of subdivision (d).
(2)(A)Implementation of this section for the 201516 fiscal year is deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare and, therefore, the California Film Commission is hereby authorized to adopt emergency regulations to implement this section during the 201516 fiscal year in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(B)Nothing in this paragraph shall be construed to require the Governors Office of Business and Economic Development to approve emergency regulations adopted pursuant to this paragraph.
(3)The California Film Commission shall not be required to prepare an economic impact analysis pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) with regard to any rules and regulations adopted pursuant to this subdivision.
(f)If the qualified taxpayer fails to provide the copyright registration number as required in subparagraph (E) of paragraph (1) of subdivision (d), the credit shall be disallowed and assessed and collected under Section 19051 until the procedures are satisfied.
(g)For purposes of this section, the California Film Commission shall do the following:
(1)Subject to the requirements of subparagraphs (A) through (E), inclusive, of paragraph (2), on or after July 1, 2015, and before July 1, 2016, in one or more allocation periods per fiscal year, allocate tax credits to applicants.
(2)On or after July 1, 2016, and before July 1, 2020, in two or more allocation periods per fiscal year, allocate tax credits to applicants.
(A)Establish a procedure for applicants to file with the California Film Commission a written application, on a form jointly prescribed by the California Film Commission and the Franchise Tax Board for the allocation of the tax credit. The application shall include, but not be limited to, the following information:
(i)The budget for the motion picture production.
(ii)The number of production days.
(iii)A financing plan for the production.
(iv)The diversity of the workforce employed by the applicant, including, but not limited to, the ethnic and racial makeup of the individuals employed by the applicant during the production of the qualified motion picture, to the extent possible.
(v)All members of a combined reporting group, if known at the time of the application.
(vi)Financial information, if available, including, but not limited to, the most recently produced balance sheets, annual statements of profits and losses, audited or unaudited financial statements, summary budget projections or results, or the functional equivalent of these documents of a partnership or owner of a single member limited liability company that is disregarded pursuant to Section 23038. The information provided pursuant to this clause shall be confidential and shall not be subject to public disclosure.
(vii)The names of all partners in a partnership not publicly traded or the names of all members of a limited liability company classified as a partnership not publicly traded for California income tax purposes that have a financial interest in the applicants qualified motion picture. The information provided pursuant to this clause shall be confidential and shall not be subject to public disclosure.
(viii)The amount of qualified wages the applicant expects to pay to qualified individuals.
(ix)The amount of tax credit the applicant computes the qualified motion picture will receive, applying the applicable credit percentages described in paragraph (4) of subdivision (a).
(x)A statement establishing that the tax credit described in this section is a significant factor in the applicants choice of location for the qualified motion picture. The statement shall include information about whether the qualified motion picture is at risk of not being filmed or specify the jurisdiction or jurisdictions in which the qualified motion picture will be located in the absence of the tax credit. The statement shall be signed by an officer or executive of the applicant.
(xi)Any other information deemed relevant by the California Film Commission or the Franchise Tax Board.
(B)Establish criteria, consistent with the requirements of this section, for allocating tax credits.
(C)Determine and designate applicants who meet the requirements of this section.
(D)(i)For purposes of allocating the credit amounts subject to the categories described in subdivision (i) in any fiscal year, the California Film Commission shall do all of the following:
(ii)For each allocation date and for each category, list each applicant from highest to lowest according to the jobs ratio as computed by the California Film Commission.
(iii)Subject to the applicable credit percentage, allocate the credit to each applicant according to the highest jobs ratio, working down the list, until the credit amount is exhausted.
(iv)Pursuant to regulations adopted pursuant to subdivision (e), the California Film Commission may increase the jobs ratio by up to 25 percent if a qualified motion picture increases economic activity in California according to criteria developed by the California Film Commission that would include, but not be limited to, such factors as, the amount of the production and postproduction spending in California, the utilization of production facilities in California, and other criteria measuring economic impact in California as determined by the Film Commission.
(v)Notwithstanding any other provision, any television series, relocating television series, or any new television series based on a pilot for a new television series that has been approved and issued a credit allocation by the California Film Commission under this section, Section 23695, 17053.85, or 23685 shall be issued a credit for each subsequent year, for the life of that television series whenever credits are allocated within a fiscal year.
(E)Subject to the annual cap and the allocation credit amounts based on categories described in subdivision (i), allocate an aggregate amount of credits under this section and Section 23695, and allocate any carryover of unallocated credits from prior years and the amount of any credits reduced pursuant to paragraph (2) of subdivision (d).
(3)Certify tax credits allocated to qualified taxpayers.
(A)Establish a verification procedure for the amount of qualified expenditures paid or incurred by the applicant, including, but not limited to, updates to the information in subparagraph (A) of paragraph (2) of subdivision (g).
(B)Establish audit requirements that must be satisfied before a credit certificate may be issued by the California Film Commission.
(C)(i)Establish a procedure for a qualified taxpayer to report to the California Film Commission, prior to the issuance of a credit certificate, the following information:
(I)If readily available, a list of the states, provinces, or other jurisdictions in which any member of the applicants combined reporting group in the same business unit as the qualified taxpayer that, in the preceding calendar year, has produced a qualified motion picture intended for release in the United States market. For purposes of this clause, qualified motion picture shall not include any episodes of a television series that were complete or in production prior to July 1, 2016.
(II)Whether a qualified motion picture described in subclause (I) was awarded any financial incentive by the state, province, or other jurisdiction that was predicated on the performance of primary principal photography or postproduction in that location.
(ii)The California Film Commission may provide that the report required by this subparagraph be filed in a single report provided on a calendar year basis for those qualified taxpayers that receive multiple credit certificates in a calendar year.
(D)Issue a credit certificate to a qualified taxpayer upon completion of the qualified motion picture reflecting the credit amount allocated after qualified expenditures have been verified and the jobs ratio computed under this section. The amount of credit shown in the credit certificate shall not exceed the amount of credit allocated to that qualified taxpayer pursuant to this section.
(4)Obtain, when possible, the following information from applicants that do not receive an allocation of credit:
(A)Whether the qualified motion picture that was the subject of the application was completed.
(B)If completed, in which state or foreign jurisdiction was the primary principal photography completed.
(C)Whether the applicant received any financial incentives from the state or foreign jurisdiction to make the qualified motion picture in that location.
(5)Provide the Legislative Analysts Office, upon request, any or all application materials or any other materials received from, or submitted by, the applicants, in electronic format when available, including, but not limited to, information provided pursuant to clauses (i) to (xi) inclusive, of subparagraph (A) of paragraph (2).
(6)The information provided to the California Film Commission pursuant to this section shall constitute confidential tax information for purposes of Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2.
(h)(1)The California Film Commission shall annually provide the Legislative Analysts Office, the Franchise Tax Board, and the board with a list of qualified taxpayers and the tax credit amounts allocated to each qualified taxpayer by the California Film Commission. The list shall include the names and taxpayer identification numbers, including taxpayer identification numbers of each partner or shareholder, as applicable, of the qualified taxpayer.
(2)(A)Notwithstanding paragraph (6) of subdivision (g), the California Film Commission shall annually post on its Internet Web site and make available for public release the following:
(i)A table which includes all of the following information: a list of qualified taxpayers and the tax credit amounts allocated to each qualified taxpayer by the California Film Commission, the number of production days in California the qualified taxpayer represented in its application would occur, the number of California jobs that the qualified taxpayer represented in its application would be directly created by the production, and the total amount of qualified expenditures expected to be spent by the production.
(ii)A narrative staff summary describing the production of the qualified taxpayer as well as background information regarding the qualified taxpayer contained in the qualified taxpayers application for the credit.
(B)Nothing in this subdivision shall be construed to make the information submitted by an applicant for a tax credit under this section a public record.
(3)The California Film Commission shall provide each city and county in California with an instructional guide that includes, but is not limited to, a review of best practices for facilitating motion picture production in local jurisdictions, resources on hosting and encouraging motion picture production, and the California Film Commissions Model Film Ordinance. The California Film Commission shall maintain on its Internet Web site a list of initiatives by locality that encourage motion picture production in regions across the state. The list shall be distributed to each approved applicant for the program to highlight local jurisdictions that offer incentives to facilitate film production.
(i)(1)(A)The aggregate amount of credits that may be allocated for a fiscal year pursuant to this section and Section 23695 is the applicable amount described in the following, plus any amount described in subparagraph (B), (C), or (D):
(i)Two hundred thirty million dollars ($230,000,000) in credits for the 201516 fiscal year.
(ii)Three hundred thirty million dollars ($330,000,000) in credits for the 201617 fiscal year and each fiscal year thereafter, through and including the 201920 fiscal year.
(B)The unused allocation credit amount, if any, for the preceding fiscal year.
(C)The amount of previously allocated credits not certified.
(D)The amount of any credits reduced pursuant to paragraph (2) of subdivision (d).
(2)(A)Notwithstanding the foregoing, the California Film Commission shall allocate the credit amounts subject to the following categories:
(i)Independent films shall be allocated 5 percent of the amount specified in paragraph (1).
(ii)Features shall be allocated 35 percent of the amount specified in paragraph (1).
(iii)A relocating television series shall be allocated 20 percent of the amount specified in paragraph (1).
(iv)A new television series, pilots for a new television series, movies of the week, miniseries, and recurring television series shall be allocated 40 percent of the amount specified in paragraph (1).
(B)Within 60 days after the allocation period, any unused amount within a category or categories shall be first reallocated to the category described in clause (iv) of subparagraph (A) and, if any unused amount remains, reallocated to another category or categories with a higher demand as determined by the California Film Commission.
(C)Notwithstanding the foregoing, the California Film Commission may increase or decrease an allocation amount in subparagraph (A) by 5 percent, if necessary, due to the jobs ratio, the number of applications, or the allocation credit amounts available by category compared to demand.
(D)With respect to a relocating television series issued a credit in a subsequent year pursuant to clause (v) of subparagraph (D) of paragraph (2) of subdivision (g), that subsequent credit amount shall be allowed from the allocation amount described in clause (iv) of subparagraph (A).
(3)Any act that reduces the amount that may be allocated pursuant to paragraph (1) constitutes a change in state taxes for the purpose of increasing revenues within the meaning of Section 3 of Article XIIIA of the California Constitution and may be passed by not less than two-thirds of all Members elected to each of the two houses of the Legislature.
(j)The California Film Commission shall have the authority to allocate tax credits in accordance with this section and in accordance with any regulations prescribed pursuant to subdivision (e) upon adoption.
|
Date
|
Status
|
|---|---|
| Jan 12, 2018 | Stricken from file. |
| Jan 3, 2018 | Consideration of Governor's veto pending. |
| Oct 15, 2017 | Vetoed by Governor. |
| Sep 21, 2017 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 13, 2017 | Assembly Rule 77(a) suspended. |
| Sep 13, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77. |
| Sep 12, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 7, 2017 | Read second time. Ordered to third reading. |
| Sep 6, 2017 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2017 | Read second time. Ordered to third reading. |
| Sep 1, 2017 | From committee: Do pass. (Ayes 7. Noes 0.) (September 1). |
| Jul 17, 2017 | In committee: Referred to APPR. suspense file. |
| Jun 27, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 27). Re-referred to Com. on APPR. |
| Jun 8, 2017 | Referred to Com. on PUB. S. |
| May 30, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1842.) |
| May 26, 2017 | Coauthors revised. |
| May 3, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 17, 2017 | Re-referred to Com. on APPR. |
| Apr 6, 2017 | Read second time and amended. |
| Apr 5, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 28). |
| Mar 23, 2017 | Re-referred to Com. on PUB. S. |
| Mar 22, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 7, 2017 | Re-referred to Com. on PUB. S. |
| Mar 6, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 6, 2017 | Referred to Com. on PUB. S. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2017 | AB 1408 Calderon Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2017 | Assembly 3rd Reading AB1408 Calderon et al. By Mendoza | Senate Floor |
Passed |
|
| Sep 1, 2017 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 17, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 27, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 30, 2017 | AB 1408 CALDERON Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 28, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union of California | ** Against | Sep 8, 2017 |
| Assembly Floor Vote: 72 - 0 | ** Against | Jun 26, 2017 |
| Association For Los Angeles Deputy Sheriffs | ** Support | Sep 8, 2017 |
| Association of Deputy District Attorneys | ** Support | Mar 27, 2017 |
| California Association Of Code Enforcement Officers | ** Support | Sep 8, 2017 |
| California Attorneys For Criminal Justice | ** Against | Sep 8, 2017 |
| California College And University Police Chiefs Association | ** Support | Sep 8, 2017 |
| California District Attorneys Association | ** Support | Sep 8, 2017 |
| California Narcotic Officers Association | ** Support | Sep 8, 2017 |
| California Public Defenders Association | ** Against | Sep 8, 2017 |
| Chief Probation Officers Of California | ** Against | Sep 8, 2017 |
| City of Glendora | ** Support | Sep 8, 2017 |
| City Of Industry | ** Support | Sep 8, 2017 |
| City of La Mirada | ** Support | Sep 8, 2017 |
| City Of La Quinta | ** Support | Sep 8, 2017 |
| City of Lakewood | ** Support | Sep 8, 2017 |
| City Of Palmdale | ** Support | Sep 8, 2017 |
| City Of Pinole | ** Support | Sep 8, 2017 |
| City of Redding | ** Support | Sep 8, 2017 |
| City of San Jose | ** Support | Sep 8, 2017 |
| City Of Signal Hill | ** Support | Sep 8, 2017 |
| City of Thousand Oaks | ** Support | Sep 8, 2017 |
| City of Torrance | ** Support | Sep 8, 2017 |
| city of west covina | ** Support | Sep 8, 2017 |
| City of Whittier | ** Support | Sep 8, 2017 |
| Courage Campaign | ** Against | Sep 8, 2017 |
| Crime Victims United | ** Support | Sep 8, 2017 |
| League Of California Cities | ** Support | Sep 8, 2017 |
| Los Angeles County Board Of Supervisors, District Four | ** Support | Sep 8, 2017 |
| Los Angeles County Professional Peace Officers Association | ** Support | Sep 8, 2017 |
| Los Angeles County Sheriff'S Department | ** Support | Sep 8, 2017 |
| Los Angeles Police Protective League | ** Support | Sep 8, 2017 |
| Peace Officer Research Association of California | ** Support | Sep 8, 2017 |
| PURPOSE | ** Against | Jun 26, 2017 |
| Riverside Sheriffs' Association | ** Support | Sep 8, 2017 |
| SALVATORE R INDELICATO DMD PC | * Against | Mar 28, 2017 |
| State Coalition Of Probation Organizations | * Support | Mar 28, 2017 |
GOVERNOR'S VETO
GV Bill Id:AB 1408
Author:(Calderon)
As Enrolled Ver:September 15, 2017
2/3 vote
ASSEMBLY: | 72-0 | (May 30, 2017) | SENATE: | 39-0 | (September 12, 2017) |
ASSEMBLY: | 78-0 | (September 13, 2017) |
Original Committee Reference: PUB. S.
SUMMARY: Limits the number of intermediate sanctions which the probation department may impose against a person on post-release community supervision (PRCS).
The Senate amendments double join this bill with AB 335 (Kiley), Chapter 523, Statutes of 2017, and AB 1448 (Weber), Chapter 676, Statutes of 2017, to avoid chaptering out issues.
EXISTING LAW:
- Requires the parole board to set a release date unless it determines that the gravity of the current offense or offenses, or the timing and gravity of current or past offense or offenses, is such that consideration of the public safety requires a lengthier period of incarceration for the inmate.
- Requires the following persons released from prison prior to, or on or after July 1, 2013, be subject to parole under the supervision of the California Department of Corrections and Rehabilitation (CDCR):
- A person who committed a serious felony listed in Penal Code Section 1192.7(c);
- A person who committed a violent felony listed in Penal Code Section 667.5(c);
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released.
- Requires all other offenders released from prison to be placed on post-release community supervision (PRCS) under the supervision of a county agency, such as a probation department.
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged.
- Requires CDCR to provide local law enforcement agencies with specified information about an inmate released on parole or PRCS.
- Authorizes intermediate sanctions, including flash incarceration, to be imposed on inmates released from prison and subject to parole.
- Authorizes intermediate sanctions, including flash incarceration, for violating the terms of PRCS.
- Defines "flash incarceration" as a period of detention in a city or county jail due to a violation of a person's conditions of parole or PRCS. The length of the detention period can range between one and 10 consecutive days in a county jail.
- Specifies that if parole is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
AS PASSED BY THE ASSEMBLY, this bill:
- Required theCDCR to provide a local law enforcement agency with copies of an inmate's record of supervision during any period of parole.
- Included records of supervision in the Law Enforcement Automated Data System (LEADS).
- Specified that the parole board must consider an inmate's entire criminal history, including all current and past convictions, in determining whether to grant parole.
- Required notice to the court, sheriff, district attorney and public defender if the probation department chooses to use flash incarceration.
- Prohibited the use of intermediate sanctions for person released on post-release community supervision (PRCS) if the person has violated the terms of his or her release for a third time. In this case, the supervising agency must file a petition to modify or revoke PRCS.
- Permited a peace officer, including a probation officer, to arrest a person on PRCS if he or she has failed to appear at a hearing on a motion to revoke or modify PRCS.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Costs in excess of $1 million (General Fund (GF)) to CDCR to upload the current paper records into the Strategic Offender Management Systems (SOMS), the Parole (LEADS), and the Electronic Records Management Systems (ERMS) in order to grant local law enforcement agencies access to the Record of Supervision. CDCR will need to modify these databases so that local law enforcement agencies can read the entries therein. In addition, CDCR will need to develop a method for keeping confidential information (e.g., health care information) from being viewed absent a specific need by local law enforcement.
- Unknown reimbursable state-mandated costs (GF) to require probation to notify several agencies that an offender on PRCS has been detained. However, Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only applies to local agencies to the extent that the state provides annual funding for the cost increase.
- No cost to the Board of Parole Hearings (BPH). BPH is already required to consider all relevant, reliable information, including an inmate's past criminal history, criminal misconduct before, during, and after the commitment offense, and previous record of violence.
COMMENTS: According to the author, "Since the federal court order to reduce California's prison population came down in 2010, there have been several criminal justice reforms undertaken with this goal in mind. It is still fairly early in the implementation of these policies to determine whether they have been successful in ways beyond prison population reduction. However, as real world events reveal the need for adjustments to these reforms, the Legislature must react accordingly. AB 1408 is a necessary modification as we balance the rights and rehabilitation of the formerly incarcerated population, with the need to ensure that our communities are safe from dangerous criminals. The bill will accomplish this by:
- Requiring the Board of Parole Hearings (BPH) to consider the entire criminal history of an inmate, not just the most recent commitment offense;
- Ensuring that upon a third Post Release Community Supervision (PRCS) violation, there be a mandatory PRCS revocation hearing;
- Improving information sharing between the Division of Adult Parole Operations (DAPO) and the county probation departments.
"The above adjustments are important in ensuring that the criminal justice reforms of the past seven years operate as intended and with limited unintended consequences. Recent tragic events, including the murder of a Whittier police officer at the hands of a dangerous felon who had violated the terms of his PRCS a whopping five times in the seven months since his release, have highlighted the need for adjustments to these reforms. An individual being supervised under PRCS who repeatedly violates the terms of his or her supervision, and is undeterred by punishments like flash incarceration, is demonstrating a blatant disregard for these rules and is not likely to respect the laws that govern society. After three such violations, the terms of supervision need to be revisited in a more serious, deliberate manner. AB 1408 does not undo the steps the state has taken to address its prison overcrowding problem, but it does endeavor to set some practical ground rules and enhance the tools available to law enforcement operating under these recent reforms."
This bill-among other requirements placed on both the local and state correctional systems-would limit local probation departments' ability to use intermediate sanctions for individuals under post release community supervision.
This bill was introduced as a response to the senseless and horrifying murder of a Whittier police officer, an event that shocked and saddened our entire state. Unfortunately-as history has taught us repeatedly- legislative responses to specific individual crimes often do not produce the intended results, and more often than not are found to be counterproductive once they are implemented.
I believe this is such a bill, and while I appreciate the author's sincere attempt to respond to a truly terrible crime, I do not agree that a three-strikes and you're out approach is the correct solution. This measure would undermine the sound discretion of local probation authorities who, by training and sworn responsibility, are in the best position to make determinations on what type of sanctions or punishment should be imposed.
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0002471
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1408
Author:(Calderon)
As Amended Ver:September 6, 2017
Majority vote
ASSEMBLY: | 72-0 | (May 30, 2017) | SENATE: | 39-0 | (September 12, 2017) |
Original Committee Reference: PUB. S.
SUMMARY: Limits the number of intermediate sanctions which the probation department may impose against a person on post-release community supervision (PRCS).
The Senate amendments double join this bill with AB 335 (Kiley) and AB 1448 (Weber), both of the current legislative session, to avoid chaptering out issues.
EXISTING LAW:
- Requires the parole board to set a release date unless it determines that the gravity of the current offense or offenses, or the timing and gravity of current or past offense or offenses, is such that consideration of the public safety requires a lengthier period of incarceration for the inmate.
- Requires the following persons released from prison prior to, or on or after July 1, 2013, be subject to parole under the supervision of the California Department of Corrections and Rehabilitation (CDCR):
- A person who committed a serious felony listed in Penal Code Section 1192.7(c);
- A person who committed a violent felony listed in Penal Code Section 667.5(c);
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released.
- Requires all other offenders released from prison to be placed on post-release community supervision (PRCS) under the supervision of a county agency, such as a probation department.
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged.
- Requires CDCR to provide local law enforcement agencies with specified information about an inmate released on parole or PRCS.
- Authorizes intermediate sanctions, including flash incarceration, to be imposed on inmates released from prison and subject to parole.
- Authorizes intermediate sanctions, including flash incarceration, for violating the terms of PRCS.
- Defines "flash incarceration" as a period of detention in a city or county jail due to a violation of a person's conditions of parole or PRCS. The length of the detention period can range between one and 10 consecutive days in a county jail.
- Specifies that if parole is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
AS PASSED BY THE ASSEMBLY, this bill:
- Required theCDCR to provide a local law enforcement agency with copies of an inmate's record of supervision during any period of parole.
- Included records of supervision in the Law Enforcement Automated Data System (LEADS).
- Specified that the parole board must consider an inmate's entire criminal history, including all current and past convictions, in determining whether to grant parole.
- Required notice to the court, sheriff, district attorney and public defender if the probation department chooses to use flash incarceration.
- Prohibited the use of intermediate sanctions for person released on post-release community supervision (PRCS) if the person has violated the terms of his or her release for a third time. In this case, the supervising agency must file a petition to modify or revoke PRCS.
- Permited a peace officer, including a probation officer, to arrest a person on PRCS if he or she has failed to appear at a hearing on a motion to revoke or modify PRCS.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Costs in excess of $1 million (General Fund (GF)) to CDCR to upload the current paper records into the Strategic Offender Management Systems (SOMS), the Parole (LEADS), and the Electronic Records Management Systems (ERMS) in order to grant local law enforcement agencies access to the Record of Supervision. CDCR will need to modify these databases so that local law enforcement agencies can read the entries therein. In addition, CDCR will need to develop a method for keeping confidential information (e.g., health care information) from being viewed absent a specific need by local law enforcement.
- Unknown reimbursable state-mandated costs (GF) to require probation to notify several agencies that an offender on PRCS has been detained. However, Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only applies to local agencies to the extent that the state provides annual funding for the cost increase.
- No cost to the Board of Parole Hearings (BPH). BPH is already required to consider all relevant, reliable information, including an inmate's past criminal history, criminal misconduct before, during, and after the commitment offense, and previous record of violence.
COMMENTS: According to the author, "Since the federal court order to reduce California's prison population came down in 2010, there have been several criminal justice reforms undertaken with this goal in mind. It is still fairly early in the implementation of these policies to determine whether they have been successful in ways beyond prison population reduction. However, as real world events reveal the need for adjustments to these reforms, the Legislature must react accordingly. AB 1408 is a necessary modification as we balance the rights and rehabilitation of the formerly incarcerated population, with the need to ensure that our communities are safe from dangerous criminals. The bill will accomplish this by:
- Requiring the Board of Parole Hearings (BPH) to consider the entire criminal history of an inmate, not just the most recent commitment offense;
- Ensuring that upon a third Post Release Community Supervision (PRCS) violation, there be a mandatory PRCS revocation hearing;
- Improving information sharing between the Division of Adult Parole Operations (DAPO) and the county probation departments.
"The above adjustments are important in ensuring that the criminal justice reforms of the past seven years operate as intended and with limited unintended consequences. Recent tragic events, including the murder of a Whittier police officer at the hands of a dangerous felon who had violated the terms of his PRCS a whopping five times in the seven months since his release, have highlighted the need for adjustments to these reforms. An individual being supervised under PRCS who repeatedly violates the terms of his or her supervision, and is undeterred by punishments like flash incarceration, is demonstrating a blatant disregard for these rules and is not likely to respect the laws that govern society. After three such violations, the terms of supervision need to be revisited in a more serious, deliberate manner. AB 1408 does not undo the steps the state has taken to address its prison overcrowding problem, but it does endeavor to set some practical ground rules and enhance the tools available to law enforcement operating under these recent reforms."
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0002054
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1408
:
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/27/17
AYES: Skinner, Anderson, Bradford, Stone, Wiener
NO VOTE RECORDED: Jackson, Mitchell
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 72-0, 5/30/17 - See last page for vote
DIGEST:
This bill (1) limits the number of intermediate sanctions which the probation department may impose against a person on post-release community supervision (PRCS); (2) requires the Department of Corrections and Rehabilitation (CDCR) to share information with local law enforcement agencies regarding a person’s prior parole record; (3) requires probation offices to share information regarding a person’s PRCS record with CDCR upon request; (4) requires probation offices to notify the court and specified government agencies when it employs flash incarceration; and (5) codifies the Board of Parole Hearing’s (BPH) existing practice of considering an inmate’s entire criminal history when making a parole suitability determination.
Senate Floor Amendments of 9/6/17 make technical and conforming changes, and include double-jointing language to address potential chaptering issues between this bill, AB 1448 (Weber), and AB 335 (Kiley).
Existing law:
- Requires the parole board to set a release date unless it determines that the gravity of the current offense or offenses, or the timing and gravity of current or past offense or offenses, is such that consideration of the public safety requires a lengthier period of incarceration for the inmate. (Pen. Code, § 3041, subd. (b).)
- Provides that the following persons released from prison prior to, or on or after July 1, 2013, be subject to parole under the supervision of the CDCR:
- A person who committed a serious felony listed in Penal Code section 1192.7, subdivision (c);
- A person who committed a violent felony listed in Penal Code section 667.5, subdivision (c);
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she was sentences to state prison; and,
- A person subject to lifetime parole at the time of the commission of the offense that resulted in a state prison sentence. (Pen. Code, § 3000.08, subds. (a) and (i).)
- Requires all other offenders released from prison to be placed on PRCS under the supervision of a county agency, such as a probation department. (Pen. Code, §§ 3000.08, subd. (b), & 3451.)
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged. (Pen. Code, § 3000.09.)
- Requires CDCR to provide local law enforcement agencies with specified information about an inmate released on parole or PRCS. (Pen. Code, § 3003, subd. (e)(1).)
- Authorizes intermediate sanctions, including flash incarceration, to be imposed on inmates released from prison and subject to parole. (Pen. Code, § 3000.08, subd. (d).)
- Authorizes intermediate sanctions, including flash incarceration, for violating the terms of PRCS. (Pen. Code, § 3454, subd. (b).)
- Defines “flash incarceration” as a period of detention in a city or county jail due to a violation of a person's conditions of parole or PRCS. The length of the detention period can range between one and 10 consecutive days in a county jail. (Pen. Code, §§ 3000.08, subd. (e), and 3454, subd. (c).)
- Specifies that if parole is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days. (Pen. Code, § 3000.08, subd. (g).)
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Pen. Code, § 3455, subd. (d).)
This bill:
- Requires CDCR to provide a local law enforcement agency with copies of an inmate’s record of supervision during any period of parole.
- Requires county probation offices to share information regarding a person’s PRCS records with CDCR upon request.
- Specifies that the parole board must consider an inmate’s entire criminal history, including all current and past convictions, in determining whether to grant parole.
- Prohibits the use of intermediate sanctions for person released on PRCS if the person has violated the terms of his or her release for a third time. In this case, the supervising agency is required to file a petition to modify, revoke, or terminate PRCS.
- Permits a peace officer, including a probation officer, to arrest a person on PRCS if he or she has failed to appear at a hearing on a motion to revoke or modify PRCS.
- Requires the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.
Background
Changes to Parole Due to Realignment. Prior to realignment, individuals released from prison were placed on parole and supervised in the community by parole agents working for CDCR’s Division of Adult Parole Operations (DAPO). If it was alleged that a parolee had violated a condition of parole, he or she would have a revocation proceeding before the Board of Parole Hearings (BPH). If parole was revoked, the offender would be returned to state prison for violating parole.
Realignment shifted the supervision of some released prison inmates from CDCR parole agents to local probation departments. Parole under the jurisdiction of CDCR for inmates released from prison on or after October 1, 2011 is limited to those defendants whose term was for a serious or violent felony; were serving a Three-Strikes sentence; are classified as high-risk sex offenders; who are required to undergo treatment as mentally disordered offenders; or who, while on certain paroles, commit new offenses. All other inmates released from prison are subject to up to three years of PRCS under local supervision.
Realignment also changed where an offender is incarcerated for violating the terms of his or her supervision. Most individuals can no longer be returned to state prison for violating a term of supervision; offenders serve the revocation term in county jail. The only offenders who are eligible for return to prison for violating parole are life-term inmates paroled pursuant to Penal Code section 3000.1 (e.g., those convicted of murder, specific life term sex offenses, etc.).
Additionally, realignment changed the process for revocation hearings, which was implemented in phases. Until July 1, 2013, individuals supervised on parole by state agents continued to have revocation hearings before the BPH. After July 1, 2013, trial courts assumed responsibility for holding all revocation hearings for those individuals who remain under CDCR’s jurisdiction. In contrast, since the inception of realignment, individuals placed on PRCS appear before the trial court for revocation hearings.
Flash Incarceration. Changes to the supervision of inmates released from prison included establishing a new sanction for a violation of supervised release known as flash incarceration. Flash incarceration is defined as “a period of detention in county jail due to a violation of a parolee’s conditions of parole” that “can range between one and 10 consecutive days.” (Pen. Code, §§ 3000.08, subd. (e), & 3455, subd. (c).)
With the creation of PRCS, the supervising agency was authorized to employ “flash incarceration” as an “intermediate sanction” for responding to both parole and PRCS violations. (See Pen. Code, §§ 3454, subd. (c), & 3000.08 (e).) The Legislative Analyst’s Office explained the context and reasoning behind “flash incarceration” as part of realignment: “[T]he realignment legislation provided counties with some additional options for how to manage the realigned offenders. . . . [T]he legislation allows county probation officers to return offenders who violate the terms of their community supervision to jail for up to ten days, which is commonly referred to as “flash incarceration.” The rationale for using flash incarceration is that short terms of incarceration when applied soon after the offense is identified can be more effective at deterring subsequent violations than the threat of longer terms following what can be lengthy criminal proceedings.” (Legislative Analyst’s Office, The 2012-13 Budget: The 2011 Realignment of Adult Offenders—An Update (Feb. 22, 2012), pp. 8-9. [Flash incarceration as an intermediate sanction for offenders under state supervision who violate a term of their parole became effective July 1, 2013. (Pen. Code, § 3000.08, subd. (d).) Despite the authority to impose terms of flash incarceration upon state-supervised parolees, DAPO does not to utilize flash incarceration. (See Valdivia v. Brown, Response to May 6 Order, filed 05/28/13, p. 17.) CDCR has informed the Senate Public Safety Committee that as of June 21, 2017 it is still not utilizing flash incarceration.])
The intent of intermediate sanctions, like flash incarceration, is to balance holding offenders accountable for violating the conditions of supervision while creating shorter disruptions from work, home, or programming which often results from longer term revocations. Because flash incarceration has been used successfully by probation officers on persons supervised under PRCS, the Chief Probation Officers sponsored SB 266 (Block, Chapter 706, Statutes of 2016), to extend the use of flash incarceration to individuals granted probation or placed on mandatory supervision.
Parole Suitability. Inmates who are indeterminately sentenced must be granted parole by the BPH in order to be released from prison. The Penal Code provides that the parole board “shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.” (Pen. Code, § 3041, subd. (b).) The fundamental consideration when making a determination about an inmate’s suitability for parole is whether the inmate currently poses a threat to public safety. (In re Shaputis (2008) 44 Cal.4th 1241.) The decision whether to grant parole is an inherently subjective determination. (In re Rosenkrantz (2002) 29 Cal.4th 616, 655.)
In deciding whether to grant parole, the BPH must consider all relevant and reliable information available. (Cal. Code Regs., tit. 15, § 2402, subd. (b).) Factors the BPH must consider include the nature of the commitment offense, including “the circumstances of the prisoner’s: social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the prisoner may safely be released to the community; and any other information which bears on the prisoner’s suitability for release.” (Cal. Code Regs., tit. 15, §§ 2281, subd. (b) & 2402, subd. (b).) The regulations further state that “[c]ircumstances which taken alone may not firmly establish unsuitability for parole may contribute to a pattern which results in a finding of unsuitability.” (Cal. Code Regs., tit. 15, §§ 2281, subd. (b).) Although the BPH is required to consider the circumstances of the offense, the California Supreme Court has held that the parole board may not rely solely on the commitment offense when deciding to grant parole unless the circumstances of the offense “continue to be predictive of current dangerousness.” (In re Lawrence (2008) 44 Cal.4th 1181, 1221.)
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Department of Corrections and Rehabilitation (CDCR): The department anticipates costs in excess of $1 million (General Fund) to comply with the information sharing provisions of this measure. See comments below.
- Probation: Unknown costs (General Fund*/local funds) to probation departments to notify the specified entities that an offender on PRCS has been placed on flash incarceration.
- Incarceration: Unknown, potential costs (General Fund*/local funds) to county sheriff’s departments to incarcerate individuals whose PRCS was revoked by the court that otherwise would not have been revoked absent this measure.
- Court: Unknown, likely-minor costs (General Fund**) to the court to adjudicate PRCS revocation hearings that otherwise would not have been filed upon the third violation of the term of a supervisee’s release.
*Proposition 30 (2012) exempts the state from mandate reimbursement for realigned responsibilities for “Public Safety Services” including the managing of local jails and the provision of services for and supervision of minor and adult offenders. The constitutional amendment, however, provides that legislation enacted after September 30, 2012 that has an overall effect of increasing the costs already borne by a local agency for public safety services transferred by the 2011 Realignment Legislation apply to local agencies only to the extent that the state provides annual funding for the cost increase. The provisions of Proposition 30 have not been adjudicated by the courts to date, so to the extent the local costs resulting from this measure are determined to be included within the scope of Proposition 30, the local agency would not be obligated to provide the level of service required by this bill above the level for which funding is provided by the state.
**Trial Court Trust Fund
Association for Los Angeles Deputy Sheriffs
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California District Attorneys Association
California Narcotic Officers Association
City of Glendora
City of Industry
City of La Mirada
City of La Quinta
City of Lakewood
City of Palmdale
City of Pinole
City of Redding
City of San Jose
City of Signal Hill
City of Thousand Oaks
City of Torrance
City of West Covina
City of Whittier
Crime Victims United
League of California Cities
Los Angeles County Board of Supervisors, District Four
Los Angeles County Probation Officers Union AFSCME Local 685
Los Angeles County Professional Peace Officers Association
Los Angeles County Sheriff’s Department
Los Angeles Police Protective League
Peace Officer Research Association of California
Riverside Sheriffs’ Association
American Civil Liberties Union of California
California Attorneys for Criminal Justice
California Public Defenders Association
Chief Probation Officers of California
Courage Campaign
ASSEMBLY FLOOR: 72-0, 5/30/17
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Aguiar-Curry, Chau, Choi, Eggman, Gloria, Levine, Quirk, Ting
9/8/17 11:01:03
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1408
:
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/27/17
AYES: Skinner, Anderson, Bradford, Stone, Wiener
NO VOTE RECORDED: Jackson, Mitchell
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 72-0, 5/30/17 - See last page for vote
DIGEST:
This bill (1) limits the number of intermediate sanctions which the probation department may impose against a person on post-release community supervision (PRCS); (2) requires the Department of Corrections and Rehabilitation (CDCR) to share information with local law enforcement agencies regarding a person’s prior parole record; (3) requires probation offices to share information regarding a person’s PRCS record with CDCR upon request; (4) requires probation offices to notify the court and specified government agencies when it employs flash incarceration; and (5) codifies the Board of Parole Hearing’s (BPH) existing practice of considering an inmate’s entire criminal history when making a parole suitability determination.
Existing law:
- Requires the parole board to set a release date unless it determines that the gravity of the current offense or offenses, or the timing and gravity of current or past offense or offenses, is such that consideration of the public safety requires a lengthier period of incarceration for the inmate. (Pen. Code, § 3041, subd. (b).)
- Provides that the following persons released from prison prior to, or on or after July 1, 2013, be subject to parole under the supervision of the CDCR:
- A person who committed a serious felony listed in Penal Code section 1192.7, subdivision (c);
- A person who committed a violent felony listed in Penal Code section 667.5, subdivision (c);
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she was sentences to state prison; and,
- A person subject to lifetime parole at the time of the commission of the offense that resulted in a state prison sentence. (Pen. Code, § 3000.08, subds. (a) and (i).)
- Requires all other offenders released from prison to be placed on PRCS under the supervision of a county agency, such as a probation department. (Pen. Code, §§ 3000.08, subd. (b), & 3451.)
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged. (Pen. Code, § 3000.09.)
- Requires CDCR to provide local law enforcement agencies with specified information about an inmate released on parole or PRCS. (Pen. Code, § 3003, subd. (e)(1).)
- Authorizes intermediate sanctions, including flash incarceration, to be imposed on inmates released from prison and subject to parole. (Pen. Code, § 3000.08, subd. (d).)
- Authorizes intermediate sanctions, including flash incarceration, for violating the terms of PRCS. (Pen. Code, § 3454, subd. (b).)
- Defines “flash incarceration” as a period of detention in a city or county jail due to a violation of a person's conditions of parole or PRCS. The length of the detention period can range between one and 10 consecutive days in a county jail. (Pen. Code, §§ 3000.08, subd. (e), and 3454, subd. (c).)
- Specifies that if parole is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days. (Pen. Code, § 3000.08, subd. (g).)
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Pen. Code, § 3455, subd. (d).)
This bill:
- Requires CDCR to provide a local law enforcement agency with copies of an inmate’s record of supervision during any period of parole.
- Requires county probation offices to share information regarding a person’s PRCS records with CDCR upon request.
- Specifies that the parole board must consider an inmate’s entire criminal history, including all current and past convictions, in determining whether to grant parole.
- Prohibits the use of intermediate sanctions for person released on PRCS if the person has violated the terms of his or her release for a third time. In this case, the supervising agency is required to file a petition to modify, revoke, or terminate PRCS.
- Permits a peace officer, including a probation officer, to arrest a person on PRCS if he or she has failed to appear at a hearing on a motion to revoke or modify PRCS.
- Requires the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.
Background
Changes to Parole Due to Realignment. Prior to realignment, individuals released from prison were placed on parole and supervised in the community by parole agents working for CDCR’s Division of Adult Parole Operations (DAPO). If it was alleged that a parolee had violated a condition of parole, he or she would have a revocation proceeding before the Board of Parole Hearings (BPH). If parole was revoked, the offender would be returned to state prison for violating parole.
Realignment shifted the supervision of some released prison inmates from CDCR parole agents to local probation departments. Parole under the jurisdiction of CDCR for inmates released from prison on or after October 1, 2011 is limited to those defendants whose term was for a serious or violent felony; were serving a Three-Strikes sentence; are classified as high-risk sex offenders; who are required to undergo treatment as mentally disordered offenders; or who, while on certain paroles, commit new offenses. All other inmates released from prison are subject to up to three years of PRCS under local supervision.
Realignment also changed where an offender is incarcerated for violating the terms of his or her supervision. Most individuals can no longer be returned to state prison for violating a term of supervision; offenders serve the revocation term in county jail. The only offenders who are eligible for return to prison for violating parole are life-term inmates paroled pursuant to Penal Code section 3000.1 (e.g., those convicted of murder, specific life term sex offenses, etc.).
Additionally, realignment changed the process for revocation hearings, which was implemented in phases. Until July 1, 2013, individuals supervised on parole by state agents continued to have revocation hearings before the BPH. After July 1, 2013, trial courts assumed responsibility for holding all revocation hearings for those individuals who remain under CDCR’s jurisdiction. In contrast, since the inception of realignment, individuals placed on PRCS appear before the trial court for revocation hearings.
Flash Incarceration. Changes to the supervision of inmates released from prison included establishing a new sanction for a violation of supervised release known as flash incarceration. Flash incarceration is defined as “a period of detention in county jail due to a violation of a parolee’s conditions of parole” that “can range between one and 10 consecutive days.” (Pen. Code, §§ 3000.08, subd. (e), & 3455, subd. (c).)
With the creation of PRCS, the supervising agency was authorized to employ “flash incarceration” as an “intermediate sanction” for responding to both parole and PRCS violations. (See Pen. Code, §§ 3454, subd. (c), & 3000.08 (e).) The Legislative Analyst’s Office explained the context and reasoning behind “flash incarceration” as part of realignment: “[T]he realignment legislation provided counties with some additional options for how to manage the realigned offenders. . . . [T]he legislation allows county probation officers to return offenders who violate the terms of their community supervision to jail for up to ten days, which is commonly referred to as “flash incarceration.” The rationale for using flash incarceration is that short terms of incarceration when applied soon after the offense is identified can be more effective at deterring subsequent violations than the threat of longer terms following what can be lengthy criminal proceedings.” (Legislative Analyst’s Office, The 2012-13 Budget: The 2011 Realignment of Adult Offenders—An Update (Feb. 22, 2012), pp. 8-9. [Flash incarceration as an intermediate sanction for offenders under state supervision who violate a term of their parole became effective July 1, 2013. (Pen. Code, § 3000.08, subd. (d).) Despite the authority to impose terms of flash incarceration upon state-supervised parolees, DAPO does not to utilize flash incarceration. (See Valdivia v. Brown, Response to May 6 Order, filed 05/28/13, p. 17.) CDCR has informed the Senate Public Safety Committee that as of June 21, 2017 it is still not utilizing flash incarceration.])
The intent of intermediate sanctions, like flash incarceration, is to balance holding offenders accountable for violating the conditions of supervision while creating shorter disruptions from work, home, or programming which often results from longer term revocations. Because flash incarceration has been used successfully by probation officers on persons supervised under PRCS, the Chief Probation Officers sponsored SB 266 (Block), Chapter 706, Statutes of 2016, last session to extend the use of flash incarceration to individuals granted probation or placed on mandatory supervision.
Parole Suitability. Inmates who are indeterminately sentenced must be granted parole by the BPH in order to be released from prison. The Penal Code provides that the parole board “shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.” (Pen. Code, § 3041, subd. (b).) The fundamental consideration when making a determination about an inmate’s suitability for parole is whether the inmate currently poses a threat to public safety. (In re Shaputis (2008) 44 Cal.4th 1241.) The decision whether to grant parole is an inherently subjective determination. (In re Rosenkrantz (2002) 29 Cal.4th 616, 655.)
In deciding whether to grant parole, the BPH must consider all relevant and reliable information available. (Cal. Code Regs., tit. 15, § 2402, subd. (b).) Factors the BPH must consider include the nature of the commitment offense, including “the circumstances of the prisoner’s: social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the prisoner may safely be released to the community; and any other information which bears on the prisoner’s suitability for release.” (Cal. Code Regs., tit. 15, §§ 2281, subd. (b) & 2402, subd. (b).) The regulations further state that “[c]ircumstances which taken alone may not firmly establish unsuitability for parole may contribute to a pattern which results in a finding of unsuitability.” (Cal. Code Regs., tit. 15, §§ 2281, subd. (b).) Although the BPH is required to consider the circumstances of the offense, the California Supreme Court has held that the parole board may not rely solely on the commitment offense when deciding to grant parole unless the circumstances of the offense “continue to be predictive of current dangerousness.” (In re Lawrence (2008) 44 Cal.4th 1181, 1221.)
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Department of Corrections and Rehabilitation (CDCR): The department anticipates costs in excess of $1 million (General Fund) to comply with the information sharing provisions of this measure. See comments below.
- Probation: Unknown costs (General Fund*/local funds) to probation departments to notify the specified entities that an offender on PRCS has been placed on flash incarceration.
- Incarceration: Unknown, potential costs (General Fund*/local funds) to county sheriff’s departments to incarcerate individuals whose PRCS was revoked by the court that otherwise would not have been revoked absent this measure.
- Court: Unknown, likely-minor costs (General Fund**) to the court to adjudicate PRCS revocation hearings that otherwise would not have been filed upon the third violation of the term of a supervisee’s release.
*Proposition 30 (2012) exempts the state from mandate reimbursement for realigned responsibilities for “Public Safety Services” including the managing of local jails and the provision of services for and supervision of minor and adult offenders. The constitutional amendment, however, provides that legislation enacted after September 30, 2012 that has an overall effect of increasing the costs already borne by a local agency for public safety services transferred by the 2011 Realignment Legislation apply to local agencies only to the extent that the state provides annual funding for the cost increase. The provisions of Proposition 30 have not been adjudicated by the courts to date, so to the extent the local costs resulting from this measure are determined to be included within the scope of Proposition 30, the local agency would not be obligated to provide the level of service required by this bill above the level for which funding is provided by the state.
**Trial Court Trust Fund
Association for Los Angeles Deputy Sheriffs
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California District Attorneys Association
California Narcotic Officers Association
City of Glendora
City of Industry
City of La Mirada
City of La Quinta
City of Lakewood
City of Palmdale
City of Pinole
City of Redding
City of San Jose
City of Signal Hill
City of Thousand Oaks
City of Torrance
City of West Covina
City of Whittier
Crime Victims United
League of California Cities
Los Angeles County Board of Supervisors, District Four
Los Angeles County Probation Officers Union AFSCME Local 685
Los Angeles County Professional Peace Officers Association
Los Angeles County Sheriff’s Department
Los Angeles Police Protective League
Peace Officer Research Association of California
Riverside Sheriffs’ Association
American Civil Liberties Union of California
California Attorneys for Criminal Justice
California Public Defenders Association
Courage Campaign
ASSEMBLY FLOOR: 72-0, 5/30/17
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Aguiar-Curry, Chau, Choi, Eggman, Gloria, Levine, Quirk, Ting
Prepared by: Stephanie Jordan / PUB. S. /
9/5/17 15:06:34
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1408 (Calderon) - Crimes: supervised release
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1408 would, among other things, limit the number of intermediate sanctions that a probation department may impose against a person on post-release community supervision (PRCS).
Fiscal Impact:
- Department of Corrections and Rehabilitation (CDCR): The department anticipates costs in excess of $1 million (General Fund) to comply with the information sharing provisions of this measure. See comments below.
- Probation: Unknown costs (General Fund*/local funds) to probation departments to notify the specified entities that an offender on PRCS has been placed on flash incarceration.
- Incarceration: Unknown, potential costs (General Fund*/local funds) to county sheriff’s departments to incarcerate individuals whose PRCS was revoked by the court that otherwise would not have been revoked absent this measure.
- Court: Unknown, likely-minor costs (General Fund**) to the court to adjudicate PRCS revocation hearings that otherwise would not have been filed upon the third violation of the term of a supervisee’s release.
*Proposition 30 (2012) exempts the state from mandate reimbursement for realigned responsibilities for “Public Safety Services” including the managing of local jails and the provision of services for and supervision of minor and adult offenders. The constitutional amendment, however, provides that legislation enacted after September 30, 2012 that has an overall effect of increasing the costs already borne by a local agency for public safety services transferred by the 2011 Realignment Legislation apply to local agencies only to the extent that the state provides annual funding for the cost increase. The provisions of Proposition 30 have not been adjudicated by the courts to date, so to the extent the local costs resulting from this measure are determined to be included within the scope of Proposition 30, the local agency would not be obligated to provide the level of service required by this bill above the level for which funding is provided by the state.
**Trial Court Trust Fund
Background:
Prior to the implementation of the 2011 Realignment Legislation (Realignment), individuals released from prison were placed on parole and supervised in the community by CDCR parole agents. If it was alleged that a parolee had violated a condition of parole, he or she would have a revocation proceeding before the Board of Parole Hearings. If parole was revoked, the offender would be returned to state prison for violating parole.
Realignment, among other things, shifted the supervision of certain released prison inmates from CDCR parole agents to local supervision. Starting October 1, 2011, parole (under CDCR supervision) was limited to those individuals whose present term was for a serious or violent felony; who were serving a Three-Strikes sentence; who are classified as high-risk sex offenders; who are required to undergo treatment as mentally disordered offenders; or who, while on certain paroles, commit new offenses. All other inmates released from prison are subject to up to three years of PRCS under local supervision.
Realignment also changed where an offender is incarcerated for violating parole or PRCS. Most individuals can no longer be returned to state prison for violating a term of supervision; offenders serve the revocation term in county jail. The only offenders who are eligible for return to prison for violating parole are life-term inmates paroled pursuant to Penal Code section 3000.1 (e.g., murderers, specific life-term sex offenses). Additionally, Realignment changed the process for revocation hearings. The revocation hearings were handled by the trial court for individuals placed on PRCS and, after July 1, 2013, for those individuals who remain under CDCR's jurisdiction.
Realignment also established a new sanction for a violation of supervised release known as flash incarceration, a period of detention in county jail due to a violation of a condition of supervision. The period can range between one and ten consecutive days. With the creation of PRCS, the supervising agency was authorized to employ flash incarceration as an intermediate sanction for responding to both parole and PRCS violations; later legislation expanded the sanction to individuals on probation and mandatory supervision.
Proposed Law:
This bill would:
- Require CDCR to provide the local law enforcement agency in whose jurisdiction an inmate is release with copies of the record of supervision during any prior period of parole.
- Require the county to provide CDCR, upon request, with all records of supervision, as specified.
- Require the Board of Parole Hearings, as a panel or sitting en banc, to consider the entire criminal history of the inmate, including all current or past convicted offenses, in making a determination on an indeterminately-sentenced inmate’s suitability for parole.
- Require the county agency supervising a person on PRCS to petition a court to revoke, modify, or terminate PRCS if the person has violated the terms of his or her release for a third time.
- Allow a peace officer to arrest a person without warrant who fails to appear at a hearing to revoke, modify, or terminate PRCS.
- Require the county supervising agency to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.
Staff Comments:
In part, this bill would require CDCR’s Division of Adult Parole Operations (DAPO) to share copies of the record of supervision during any prior parole periods with local law enforcement agencies, as specified. The record of supervision contains information regarding all supervision contacts that a parole agent has with the parolee. Until this year, the record of supervision has been a handwritten document and typically is well over fifty pages per parole term, per parolee. These records are maintained in the field file at the individual parole unit where the parolee is supervised. The record of supervision is retained for one year and then destroyed, with the exception of records related to the supervision of sex offenders, which are maintained indefinitely. To the extent this bill would require DAPO to retain the record of supervision beyond one year, the compliance costs could increase.
To comply with this measure, CDCR would need to upload all paper records of supervision into the Strategic Offender Management Systems (SOMS), the Parole Law Enforcement Automated Data System (LEADS), and the Electronic Records Management Systems (ERMS) in order to grant local law enforcement agencies access. Additionally, the division would need to modify these databases so that local law enforcement agencies can read the entries therein.
Parolee records may include confidential information, including victim and witness information and information protected by the Health Insurance Portability and Accountability Act. The department would need to develop a method for keeping confidential information from being viewed absent a specific need by local law enforcement.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 1408 Hearing Date: June 27, 2017
Author: | Calderon | ||
Version: | April 6, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Crimes: Supervised Release
HISTORY
Source: Author
Prior Legislation: SB 266 (Block) Ch. 706, Stats. of 2016
AB 63 (Patterson) Failed Assembly Public Safety 2014
AB 109 (Committee on Budget) Ch. 15, Stats. of 2011
Support: California District Attorneys Association; City of Lakewood; City of La Quinta; City of San Jose; City of Signal Hill; City of Thousand Oaks; City of Torrance; City of West Covina; City of Whittier; Crime Victims United; League of California Cities; Los Angeles County Board of Supervisors, District Four; Los Angeles County Sheriff’s Department; Peace Officer Research Association of California
Opposition: American Civil Liberties Union of California; California Attorneys for Criminal Justice; California Public Defenders Association; Courage Campaign
Assembly Floor Vote: 72 - 0
PURPOSE
The purpose of this bill is to: (1) limit the number of intermediate sanctions which the probation department may impose against a person on post-release community supervision (PRCS); (2) require the Department of Corrections and Rehabilitation (CDCR) to share information with local law enforcement agencies regarding a person’s prior parole record; (3) require probation offices to share information regarding a person’s PRCS record with CDCR upon request; (4) require probation offices to notify the court and specified government agencies when it employs flash incarceration; and (5) codify the Board of Parole Hearing’s (BPH) existing practice of considering an inmate’s entire criminal history when making a parole suitability determination .
Existing law requires the parole board to set a release date unless it determines that the gravity of the current offense or offenses, or the timing and gravity of current or past offense or offenses, is such that consideration of the public safety requires a lengthier period of incarceration for the inmate. (Pen. Code, § 3041, subd. (b).)
Existing law provides that the following persons released from prison prior to, or on or after July 1, 2013, be subject to parole under the supervision of the CDCR:
- A person who committed a serious felony listed in Penal Code section 1192.7, subdivision (c);
- A person who committed a violent felony listed in Penal Code section 667.5, subdivision (c);
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she was sentences to state prison; and,
- A person subject to lifetime parole at the time of the commission of the offense that resulted in a state prison sentence. (Pen. Code, § 3000.08, subds. (a) and (i).)
Existing law requires all other offenders released from prison to be placed on post-release community supervision (PRCS) under the supervision of a county agency, such as a probation department. (Pen. Code, §§ 3000.08, subd. (b), & 3451.)
Existing law requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged. (Pen. Code, § 3000.09.)
Existing law requires CDCR to provide local law enforcement agencies with specified information about an inmate released on parole or PRCS. (Pen. Code, § 3003, subd. (e)(1).)
Existing law authorizes intermediate sanctions, including flash incarceration, to be imposed on inmates released from prison and subject to parole. (Pen. Code, § 3000.08, subd. (d).)
Existing law authorizes intermediate sanctions, including flash incarceration, for violating the terms of PRCS. (Pen. Code, § 3454, subd. (b).)
Existing law defines “flash incarceration” as a period of detention in a city or county jail due to a violation of a person's conditions of parole or PRCS. The length of the detention period can range between one and 10 consecutive days in a county jail. (Pen. Code, §§ 3000.08, subd. (e), and 3454, subd. (c).)
Existing law specifies that if parole is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days. (Pen. Code, § 3000.08, subd. (g).)
Existing law specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Pen. Code, § 3455, subd. (d).)
This bill requires CDCR to provide a local law enforcement agency with copies of an inmate’s record of supervision during any period of parole.
This bill requires county probation offices to share information regarding a person’s PRCS records with CDCR upon request.
This bill specifies that the parole board must consider an inmate’s entire criminal history, including all current and past convictions, in determining whether to grant parole.
This bill prohibits the use of intermediate sanctions for person released on PRCS if the person has violated the terms of his or her release for a third time. In this case, the supervising agency is required to file a petition to modify, revoke, or terminate PRCS.
This bill permits a peace officer, including a probation officer, to arrest a person on PRCS if he or she has failed to appear at a hearing on a motion to revoke or modify PRCS.
This bill requires the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.
COMMENTS
1. Need for This Bill
According to the author:
… AB 109 limits who can be sent to state prison, instead requiring that certain lower-level felons serve their incarceration terms in county jail….It further requires that counties, rather than the state, supervise certain lower-level felons released from state prison and county jails under Post Release Community Supervision (PRCS).
Under PRCS, county probation officers are tasked with supervising “non-serious, non-violent” felons, or at least those whose most recent commitment offense falls into that category. The rules governing supervision vary by county agency, including the use of continuous electronic monitoring, ordering rehabilitation and treatment services, and offering incentives. The tools probation officers have to enforce violations of these terms vary as well, and include intermediate sanctions up to and including referral to a reentry court or flash incarceration in a city or county jail. Flash incarceration is a period of detention in jail ranging between one and 10 consecutive days.
The Penal Code encourages the use of flash incarcerations, as these shorter periods of detention punish an offender while preventing the disruption in a work or home establishment that typically arises from longer term revocations. If, however, the supervising county agency has determined that these intermediate sanctions are not enough, the agency can request a revocation hearing, during which the terms of the supervision can be modified or revoked entirely, resulting in the supervised person being sent to County Jail for up to 180 days.
… [A]n over-reliance on flash incarcerations in the face of repeated supervision violations, does not serve the dual interest of such brief re-incarcerations – first, to penalize the supervised individual for said violations and encourage better adherence; and second, to protect the general public from individuals with little regard for the law. In the case of supervised individuals that routinely flout the rules of their supervision or commit new crimes, it seems prudent to establish a limit, that when reached results in a complete re-evaluation of the terms of their release, and if necessary, a longer re-incarceration period. Unfortunately, recent events in Whittier have highlighted the need for such a threshold in the number of PRCS violations permitted.
Additionally, under realignment, many supervised persons have been supervised by both DAPO and local county probation departments at various times, based on their most recent commitment offense. This results in lengthy gaps in the supervision history, during which the supervised person was being supervised by the other agency. Closing these gaps of information will provide greater context for the current supervision agency and the individualized supervision strategy they decide to pursue.
Another reform, Proposition 57, would expand the scope of those considered for release by the Board of Parole Hearings…Current law does not specify that the Board must weigh previous convictions when considering whether to release an inmate, though the regulations do not prevent it. As the scope of inmates considered by BPH grows under Proposition 57…to include those with potentially less serious commitment offenses, prior criminal convictions become more important in their deliberations.
As outlined, the last seven years have borne witness to extensive reform efforts to our criminal justice system. It is still fairly early in the implementation of these policies to determine whether they have been successful in ways beyond prison population reduction. However, as real world events reveal the need for adjustments to these reforms, the Legislature must react accordingly. AB 1408 is a necessary modification as we balance the rights and rehabilitation of the formerly incarcerated population, with the need to ensure that our communities are safe from dangerous criminals….
…AB 1408 does not undo the steps the state has taken to address its prison overcrowding problem, but it does endeavor to set some practical ground rules and enhance the tools available to law enforcement operating under these recent reforms.
2. Changes to Parole Due to Realignment
Prior to realignment, individuals released from prison were placed on parole and supervised in the community by parole agents working for CDCR’s Division of Adult Parole Operations (DAPO). If it was alleged that a parolee had violated a condition of parole, he or she would have a revocation proceeding before the Board of Parole Hearings (BPH). If parole was revoked, the offender would be returned to state prison for violating parole.
Realignment shifted the supervision of some released prison inmates from CDCR parole agents to local probation departments. Parole under the jurisdiction of CDCR for inmates released from prison on or after October 1, 2011 is limited to those defendants whose term was for a serious or violent felony; were serving a Three-Strikes sentence; are classified as high-risk sex offenders; who are required to undergo treatment as mentally disordered offenders; or who, while on certain paroles, commit new offenses. All other inmates released from prison are subject to up to three years of PRCS under local supervision.
Realignment also changed where an offender is incarcerated for violating the terms of his or her supervision. Most individuals can no longer be returned to state prison for violating a term of supervision; offenders serve the revocation term in county jail. The only offenders who are eligible for return to prison for violating parole are life-term inmates paroled pursuant to Penal Code section 3000.1 (e.g., those convicted of murder, specific life term sex offenses, etc.).
Additionally, realignment changed the process for revocation hearings, which was implemented in phases. Until July 1, 2013, individuals supervised on parole by state agents continued to have revocation hearings before the BPH. After July 1, 2013, trial courts assumed responsibility for holding all revocation hearings for those individuals who remain under CDCR’s jurisdiction. In contrast, since the inception of realignment, individuals placed on PRCS appear before the trial court for revocation hearings.
3. Flash Incarceration
Changes to the supervision of inmates released from prison included establishing a new sanction for a violation of supervised release known as flash incarceration. Flash incarceration is defined as “a period of detention in county jail due to a violation of a parolee’s conditions of parole” that “can range between one and 10 consecutive days.” (Pen. Code, §§ 3000.08, subd. (e), & 3455, subd. (c).)
With the creation of PRCS, the supervising agency was authorized to employ “flash incarceration” as an “intermediate sanction” for responding to both parole and PRCS violations. (See Pen. Code, §§ 3454, subd. (c), & 3000.08 (e).) The Legislative Analyst’s Office explained the context and reasoning behind “flash incarceration” as part of realignment: “[T]he realignment legislation provided counties with some additional options for how to manage the realigned offenders. . . . [T]he legislation allows county probation officers to return offenders who violate the terms of their community supervision to jail for up to ten days, which is commonly referred to as “flash incarceration.” The rationale for using flash incarceration is that short terms of incarceration when applied soon after the offense is identified can be more effective at deterring subsequent violations than the threat of longer terms following what can be lengthy criminal proceedings.” (Legislative Analyst’s Office, The 2012–13 Budget: The 2011 Realignment of Adult Offenders—An Update (Feb. 22, 2012), pp. 8-9.)[1]
The intent of intermediate sanctions, like flash incarceration, is to balance holding offenders accountable for violating the conditions of supervision while creating shorter disruptions from work, home, or programming which often results from longer term revocations. Because flash incarceration has been used successfully by probation officers on persons supervised under PRCS, the Chief Probation Officers sponsored SB 266 (Block), Chapter 706, Statutes of 2016, last session to extend the use of flash incarceration to individuals granted probation or placed on mandatory supervision.
This bill curtails the use not only of flash incarceration, but in fact all intermediate sanctions, on persons on PRCS. It prohibits the use of any intermediate sanction if the person has violated the terms of release for a third time. In that instance, the supervising agency must file a petition to revoke, modify, or terminate PRCS.
Committee members may wish to consider the following:
- Should the discretion of probation officers, who are familiar with case-specific factors, be limited?
- Should all violations of the terms of release be treated the same, or should the provisions in this bill be limited to serious violations?
- What is the maximum number of violations that should be allowed before the supervising agency is required to petition the court of a modification of termination of PRCS?
4. Parole Suitability
Inmates who are indeterminately sentenced must be granted parole by the BPH in order to be released from prison. The Penal Code provides that the parole board “shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.” (Pen. Code, § 3041, subd. (b).) The fundamental consideration when making a determination about an inmate’s suitability for parole is whether the inmate currently poses a threat to public safety. (In re Shaputis (2008) 44 Cal.4th 1241.) The decision whether to grant parole is an inherently subjective determination. (In re Rosenkrantz (2002) 29 Cal.4th 616, 655.)
In deciding whether to grant parole, the BPH must consider all relevant and reliable information available. (Cal. Code Regs., tit. 15, § 2402, subd. (b).) Factors the BPH must consider include the nature of the commitment offense, including “the circumstances of the prisoner’s: social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the prisoner may safely be released to the community; and any other information which bears on the prisoner’s suitability for release.” (Cal. Code Regs., tit. 15, §§ 2281, subd. (b) & 2402, subd. (b).) The regulations further state that “[c]ircumstances which taken alone may not firmly establish unsuitability for parole may contribute to a pattern which results in a finding of unsuitability.” (Cal. Code Regs., tit. 15, §§ 2281, subd. (b).) Although the BPH is required to consider the circumstances of the offense, the California Supreme Court has held that the parole board may not rely solely on the commitment offense when deciding to grant parole unless the circumstances of the offense “continue to be predictive of current dangerousness.” (In re Lawrence (2008) 44 Cal.4th 1181, 1221.)
This bill requires the BPH to consider an inmate’s entire criminal history, not just the most recent commitment offense, in determining whether the inmate is suitable for parole. Although not delineated in statute, the BPH is already required to consider this information per regulations for indeterminately sentenced inmates. Proposition 57 regulations, which pertain to the non-violent parole process and were introduced earlier this year, also require the BPH to consider an inmate’s criminal history.
5. Argument in Support
The League of California Cities supports this bill stating:
This measure provides a range of important reforms associated with managing the population of ex-offenders who are subject to post-release community supervision, and does so in a manner that can be expected to enhance public safety in our communities.
First, it expands the volume and quality of data available to local law enforcement by mandating the California Department of Corrections and Rehabilitation to provide locals with copies of an inmate’s record of supervision during any period of parole.
Second, it specifies that during its deliberations about whether to grant an inmate parole, the state Parole Board shall consider the individual’s entire criminal history, including all past convicted offenses, in making that determination. This is a critical provision in that it ends the current policy of considering only the offender’s most recent commitment offense. It also follows other practices related to developing a realistic assessment of an individual’s actual risk of recidivism.
Third, AB 1408 prohibits the use of intermediate sanctions such as flash incarceration for ex-offenders on post-release community supervision (PRCS) who have violated the terms of their release for a third time. This measure specifies that in the case of such repeat offenders, the supervising agency must modify or revoke PRCS.
Finally, this measure requires notice to the court, sheriff, district attorney and public defender if the local probation department employs flash incarceration, and authorizes a peace officer, including a probation officer to arrest an individual on PRCS if he or she has failed to appear at a hearing on a motion to modify or revoke such supervision.
6. Argument in Opposition
California Attorneys for Criminal Justice writes:
The bill seeks to strip Probation Officers of discretion, circumvent Constitutional Due Process protections, and create remedies to non-existent problems.
Currently a probation officer supervising an individual on Post Release Community Supervision has multiple options available to them to deal with non-compliance ranging from counseling to added terms of supervision to flash incarcerations and, if intermediate sanctions are ultimately deemed insufficient, an officer may petitioning the court for modification, revocation or termination of supervision and a formal sentence.
Of greatest concern is this bill’s effort to strip probation officers of their discretion to choose an appropriate sanction that best accomplishes the goals of supervision and rehabilitation. AB 109 (2011) recognized the need for evidence based reform of California’s process for supervising released inmates and a major component of that was empowering the boots on the ground (probation officers), with additional options in the form of graduated sanctions. Currently, the decision as to when court intervention is necessary resides with the person in the best position to make that decision. This bill would arbitrarily require probation officers to file a formal petition on a third violation. AB 1408 cites to no research that would justify this step backwards.
Additionally, this bill expands a probation officer’s power to arrest an individual on Post Release Community supervision from the constitutionally permissible instances in which the officer has probable cause to believe the individual has violated the terms of his or her release to include instances in which the individual has failed to appear at a court hearing to provoke, modify, or terminate the individual’s Post Release Community Supervision. Similar to the bill’s proposed changes to parole hearings, discussed below, this provision of the bill seeks to solve a problem that does not exist. In the vast majority of instances when an individual fails to appear at a properly noticed court hearing, the judicial officer issues a warrant for the individual’s arrest. Thus, the only occasion on which this added provision would ever have practical effect would be that in which a judicial officer has deemed it inappropriate to issue a warrant for the individual’s arrest for failure to appear AND the officer does not have probable cause to believe the individual has violated any term of supervision (which would allow the officer to arrest under current law) at which time this bill would allow a probation officer to override that decision and arrest the individual against the judgment of the judicial officer and without any other probable cause. Such an arrest would likely violate the Due Process Clause.
Lastly, Penal Code section 3041(b)(1) already commands that a body making a parole determination shall grant an individual parole unless ‘the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.’ In other words, the statute already clearly contemplates the consideration of past offenses. This bill nevertheless deems it necessary to add the following sentence to the end of that section: “The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.” The bill seeks to amend a statute to repeat the directive of the immediately preceding sentence in the statute.
-- END --
Flash incarceration as intermediate sanction for offenders under state supervision who violate a term of their parole became effective July 1, 2013. (Pen. Code, § 3000.08, subd. (d).) Despite the authority to impose terms of flash incarceration upon state-supervised parolees, DAPO does not to utilize flash incarceration. (See Valdivia v. Brown, Response to May 6 Order, filed 05/28/13, p. 17.) CDCR has informed this Committee that as of June 21, 2017 it is still not utilizing flash incarceration. ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 1408
Author:(Calderon)
As Amended Ver:April 6, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 6-0 | Jones-Sawyer, Lackey, Cunningham, Gonzalez Fletcher, Rubio, Santiago | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, McCarty, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Obernolte, Reyes |
|
SUMMARY: Limits the number of intermediate sanctions which the probation department may impose against a person on post-release community supervision (PRCS). Specifically, this bill:
- Requires the California Department of Corrections and Rehabilitation (CDCR) to provide a local law enforcement agency with copies of an inmate's record of supervision during any period of parole.
- Includes records of supervision in the Law Enforcement Automated Data System (LEADS).
- Specifies that the parole board must consider an inmate's entire criminal history, including all current and past convictions, in determining whether to grant parole.
- Requires notice to the court, sheriff, district attorney and public defender if the probation department chooses to use flash incarceration.
- Prohibits the use of intermediate sanctions for person released on post-release community supervision (PRCS) if the person has violated the terms of his or her release for a third time. In this case, the supervising agency must file a petition to modify or revoke PRCS.
- Permits a peace officer, including a probation officer, to arrest a person on PRCS if he or she has failed to appear at a hearing on a motion to revoke or modify PRCS.
EXISTING LAW:
- Requires the parole board to set a release date unless it determines that the gravity of the current offense or offenses, or the timing and gravity of current or past offense or offenses, is such that consideration of the public safety requires a lengthier period of incarceration for the inmate.
- Requires the following persons released from prison prior to, or on or after July 1, 2013, be subject to parole under the supervision of the CDCR:
- A person who committed a serious felony listed in Penal Code Section 1192.7(c);
- A person who committed a violent felony listed in Penal Code Section 667.5(c);
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released.
- Requires all other offenders released from prison to be placed on post-release community supervision (PRCS) under the supervision of a county agency, such as a probation department.
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged.
- Requires CDCR to provide local law enforcement agencies with specified information about an inmate released on parole or PRCS.
- Authorizes intermediate sanctions, including flash incarceration, to be imposed on inmates released from prison and subject to parole.
- Authorizes intermediate sanctions, including flash incarceration, for violating the terms of PRCS.
- Defines "flash incarceration" as a period of detention in a city or county jail due to a violation of a person's conditions of parole or PRCS. The length of the detention period can range between one and 10 consecutive days in a county jail.
- Specifies that if parole is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Costs in excess of $1 million (General Fund (GF)) to CDCR to upload the current paper records into the Strategic Offender Management Systems (SOMS), the Parole (LEADS), and the Electronic Records Management Systems (ERMS) in order to grant local law enforcement agencies access to the Record of Supervision. CDCR will need to modify these databases so that local law enforcement agencies can read the entries therein. In addition, CDCR will need to develop a method for keeping confidential information (e.g., health care information) from being viewed absent a specific need by local law enforcement.
- Unknown reimbursable state-mandated costs (GF) to require probation to notify several agencies that an offender on PRCS has been detained. However, Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only applies to local agencies to the extent that the state provides annual funding for the cost increase.
- No cost to the Board of Parole Hearings (BPH). BPH is already required to consider all relevant, reliable information, including an inmate's past criminal history, criminal misconduct before, during, and after the commitment offense, and previous record of violence.
COMMENTS: According to the author, "Since the federal court order to reduce California's prison population came down in 2010, there have been several criminal justice reforms undertaken with this goal in mind. It is still fairly early in the implementation of these policies to determine whether they have been successful in ways beyond prison population reduction. However, as real world events reveal the need for adjustments to these reforms, the Legislature must react accordingly. AB 1408 is a necessary modification as we balance the rights and rehabilitation of the formerly incarcerated population, with the need to ensure that our communities are safe from dangerous criminals. The bill will accomplish this by:
- Requiring the Board of Parole Hearings (BPH) to consider the entire criminal history of an inmate, not just the most recent commitment offense;
- Ensuring that upon a third Post Release Community Supervision (PRCS) violation, there be a mandatory PRCS revocation hearing;
- Improving information sharing between the Division of Adult Parole Operations (DAPO) and the county probation departments.
"The above adjustments are important in ensuring that the criminal justice reforms of the past seven years operate as intended and with limited unintended consequences. Recent tragic events, including the murder of a Whittier police officer at the hands of a dangerous felon who had violated the terms of his PRCS a whopping five times in the seven months since his release, have highlighted the need for adjustments to these reforms. An individual being supervised under PRCS who repeatedly violates the terms of his or her supervision, and is undeterred by punishments like flash incarceration, is demonstrating a blatant disregard for these rules and is not likely to respect the laws that govern society. After three such violations, the terms of supervision need to be revisited in a more serious, deliberate manner. AB 1408 does not undo the steps the state has taken to address its prison overcrowding problem, but it does endeavor to set some practical ground rules and enhance the tools available to law enforcement operating under these recent reforms."
Analysis Prepared by: Sandy Uribe / PUB. S. / FN: 0000581
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1408
Author:(Calderon) – As Amended Ver:April 6, 2017
Policy Committee: | Public Safety | Vote: | 6 - 0 |
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: >
SUMMARY:
This bill limits the number of intermediate sanctions that the probation department may impose against a person on post-release community supervision (PRCS). Specifically, this bill:
- Requires the California Department of Corrections and Rehabilitation (CDCR) to provide a local law enforcement agency with copies of an inmate’s record of supervision during any period of parole, including records of supervision in the Law Enforcement Automated Data System (LEADS).
- Specifies that the Board of Parole Hearings (BPH) must consider an inmate’s entire criminal history, including all current and past convictions, in determining whether to grant parole.
- Prohibits the use of intermediate sanctions for a person released on post-release community supervision (PRCS) if the person has violated the terms of his or her release for a third time. In this case, the supervising agency must file a petition to modify or revoke PRCS.
- Permits a peace officer, including a probation officer, to arrest a person on PRCS if he or she has failed to appear at a hearing on a motion to revoke or modify PRCS.
- Requires the probation department to notify the court, public defender, district attorney, and sheriff every time an offender is detained in jail due to a violation of a condition of PRCS.
FISCAL EFFECT:
- Costs in excess of $1 million (GF) to CDCR to upload the current paper records into the Strategic Offender Management Systems (SOMS), the Parole (LEADS), and the Electronic Records Management Systems (ERMS) in order to grant local law enforcement agencies access to the Record of Supervision. CDCR will need to modify these databases so that local law enforcement agencies can read the entries therein. In addition, CDCR will need to develop a method for keeping confidential information (e.g., health care information) from being viewed absent a specific need by local law enforcement.
- Unknown reimbursable state-mandated costs (GF) to require probation to notify several agencies that an offender on PRCS has been detained. However, Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only applies to local agencies to the extent that the state provides annual funding for the cost increase.
- No cost to the Board of Parole Hearings (BPH). BPH is already required to consider all relevant, reliable information, including an inmate’s past criminal history, criminal misconduct before, during, and after the commitment offense, and previous record of violence.
COMMENTS:
- Background. Current law requires BPH to set a release date unless it determines that the gravity of the current offense or offenses, or the timing and gravity of current or past offense or offenses, is such that consideration of the public safety requires a lengthier period of incarceration for the inmate. Some offenders, those convicted of more serious crimes, are released on parole under the supervision of the CDCR. Other offenders are released from prison to be placed on PRCS under the supervision of a county agency, such as a probation department.
CDCR records every contact regarding a parolee. The current, paper version of the Record of Supervision is often well over 50 pages per parole term, per parolee. These records are maintained in the field file at the individual parole unit where the parolee is supervised.
An individual on PRCS may be detained in a city or county jail due to a violation of a person's conditions of parole or PRCS. The length of the detention period can range between one and ten consecutive days in a county jail. If parole or PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
Prior to realignment, individuals released from prison were placed on parole and supervised in the community by CDCR parole agents. If it was alleged that a parolee had violated a condition of parole, he or she would have a revocation proceeding before the BPH. If parole was revoked, the offender would be returned to state prison for violating parole.
- Purpose. The author believes the adjustments proposed in AB 1408 are important in ensuring that the criminal justice reforms of the past seven years operate as intended and with limited unintended consequences. He points out these modifications are necessary as the rights of formerly incarcerated individuals are considered. The author states, “Recent tragic events, including the murder of a Whittier police officer at the hands of a dangerous felon who had violated the terms of his PRCS a whopping five times in the seven months since his release, have highlighted the need for adjustments to these reforms.”
AB 1408 prohibits the use of any intermediate sanction if the person has violated the terms of release for a third time. In that instance, the supervising agency must file a petition to revoke, modify, or terminate PRCS.
This bill codifies the existing practice that requires, by regulation, that the BPH to consider an inmate’s entire criminal history, not just the most recent commitment offense, in determining whether the person is suitable for parole.
- Support. According to Crime Victims United of California, “With the passage of Proposition 57 increasing the number of inmates that will become eligible for parole consideration, a full understanding of the individual’s prior criminal history will become more important than ever to protect public safety when BPH considers whether or not to grant parole.”
- Opposition. The California Attorneys for Criminal Justice, is concerned AB 1408 strips probation officers of their discretion to choose an appropriate sanction that best accomplishes the goals of supervision and rehabilitation. They point out this bill would arbitrarily require probation officers to file a formal petition on a third violation, without any research to justify what they perceive to be a step backwards.
- Related Legislation. AB 152 (Gallagher), requires the Board of State and Community Corrections to collect and analyze data on recidivism rates of persons serving realigned felony sentences and those placed on PRCS. AB 152 is currently on Suspense in this Committee.
- Prior Legislation: SB 266 (Block), Chapter 706, Statutes of 2016, authorizes the use of "flash incarceration" to defendants granted probation or placed on mandatory supervision.
AB 109 (Committee on Budget), Chapter 15, Statutes of 2011, enacted Criminal Justice Realignment which, among other things, made changes to parole supervision, including shifting the supervision of some released prison inmates from CDCR parole agents to local probation departments, and changing the revocation proceedings.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: March 28, 2017
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Limits the number of intermediate sanctions which the probation department may impose against a person on post-release community supervision (PRCS). Specifically, this bill:
- Requires the California Department of Corrections and Rehabilitation (CDCR) to provide a local law enforcement agency with copies of an inmate’s record of supervision during any period of parole.
- Includes records of supervision in the Law Enforcement Automated Data System (LEADS).
- Specifies that the parole board must consider an inmate’s entire criminal history, including all current and past convictions, in determining whether to grant parole.
- Prohibits the use of intermediate sanctions for person released on post-release community supervision (PRCS) if the person has violated the terms of his or her release for a third time. In this case, the supervising agency must file a petition to modify or revoke PRCS.
- Permits a peace officer, including a probation officer, to arrest a person on PRCS if he or she has failed to appear at a hearing on a motion to revoke or modify PRCS.
EXISTING LAW:
- Requires the parole board to set a release date unless it determines that the gravity of the current offense or offenses, or the timing and gravity of current or past offense or offenses, is such that consideration of the public safety requires a lengthier period of incarceration for the inmate. (Pen. Code, § 3041, subd. (b).)
- Requires the following persons released from prison prior to, or on or after July 1, 2013, be subject to parole under the supervision of the CDCR:
- A person who committed a serious felony listed in Penal Code section 1192.7, subdivision (c);
- A person who committed a violent felony listed in Penal Code section 667.5, subdivision (c);
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released. (Pen. Code, § 3000.08, subds. (a) and (i).)
- A person who committed a serious felony listed in Penal Code section 1192.7, subdivision (c);
- Requires all other offenders released from prison to be placed on post-release community supervision (PRCS) under the supervision of a county agency, such as a probation department. (Pen. Code, §§ 3000.08, subd. (b), & 3451.)
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged. (Pen. Code, § 3000.09.)
- Requires CDCR to provide local law enforcement agencies with specified information about an inmate released on parole or PRCS. (Pen. Code, § 3003, subd. (e)(1).)
- Authorizes intermediate sanctions, including flash incarceration, to be imposed on inmates released from prison and subject to parole. (Pen. Code, § 3000.08, subd. (d).)
- Authorizes intermediate sanctions, including flash incarceration, for violating the terms of PRCS. (Pen. Code, § 3454, subd. (b).)
- Defines "flash incarceration" as a period of detention in a city or county jail due to a violation of a person's conditions of parole or PRCS. The length of the detention period can range between one and 10 consecutive days in a county jail. (Pen. Code, §§ 3000.08, subd. (e), and 3454, subd. (c).)
- Specifies that if parole is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Pen. Code, § 3000.08, subd. (g).)
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Pen. Code, § 3455, subd. (d).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Since the federal court order to reduce California’s prison population came down in 2010, there have been several criminal justice reforms undertaken with this goal in mind. It is still fairly early in the implementation of these policies to determine whether they have been successful in ways beyond prison population reduction. However, as real world events reveal the need for adjustments to these reforms, the Legislature must react accordingly. AB 1408 is a necessary modification as we balance the rights and rehabilitation of the formerly incarcerated population, with the need to ensure that our communities are safe from dangerous criminals. The bill will accomplish this by:
“• Requiring the Board of Parole Hearings (BPH) to consider the entire criminal history of an inmate, not just the most recent commitment offense;
“• Ensuring that upon a third Post Release Community Supervision (PRCS) violation, there be a mandatory PRCS revocation hearing;
“• Improving information sharing between the Division of Adult Parole Operations (DAPO) and the county probation departments.
“The above adjustments are important in ensuring that the criminal justice reforms of the past seven years operate as intended and with limited unintended consequences. Recent tragic events, including the murder of a Whittier police officer at the hands of a dangerous felon who had violated the terms of his PRCS a whopping five times in the seven months since his release, have highlighted the need for adjustments to these reforms. An individual being supervised under PRCS who repeatedly violates the terms of his or her supervision, and is undeterred by punishments like flash incarceration, is demonstrating a blatant disregard for these rules and is not likely to respect the laws that govern society. After three such violations, the terms of supervision need to be revisited in a more serious, deliberate manner. AB 1408 does not undo the steps the state has taken to address its prison overcrowding problem, but it does endeavor to set some practical ground rules and enhance the tools available to law enforcement operating under these recent reforms.”
- Changes to Parole As a Result of Criminal Justice Realignment: Prior to realignment, individuals released from prison were placed on parole and supervised in the community by CDCR parole agents. If it was alleged that a parolee had violated a condition of parole, he or she would have a revocation proceeding before the Board of Parole Hearings (BPH). If parole was revoked, the offender would be returned to state prison for violating parole.
Realignment shifted the supervision of some released prison inmates from CDCR parole agents to local probation departments. Parole under the jurisdiction of CDCR for inmates released from prison on or after October 1, 2011 is limited to those defendants whose term was for a serious or violent felony; were serving a Three-Strikes sentence; are classified as high-risk sex offenders; who are required to undergo treatment as mentally disordered offenders; or who, while on certain paroles, commit new offenses. All other inmates released from prison are subject to up to three years of PRCS under local supervision.
Realignment also changed where an offender is incarcerated for violating parole or PRCS. Most individuals can no longer be returned to state prison for violating a term of supervision; offenders serve the revocation term in county jail. The only offenders who are eligible for return to prison for violating parole are life-term inmates paroled pursuant to Penal Code section 3000.1 (e.g., murderers, specific life term sex offenses).
Additionally, realignment changed the process for revocation hearings, but this change was implemented in phases. Until July 1, 2013, individuals supervised on parole by state agents continued to have revocation hearings before the BPH. After July 1, 2013, trial courts assumed responsibility for holding all revocation hearings for those individuals who remain under CDCR's jurisdiction. In contrast, since the inception of realignment, individuals placed on PRCS stopped appearing before the BPH for revocation hearings; their revocation hearings were handled by the trial court.
- Flash Incarceration: The changes to the supervision of inmates released from prison included establishing a new sanction for a violation of supervised release known as flash incarceration. Flash incarceration is defined as "a period of detention in county jail due to a violation of a parolee’s conditions of parole" that "can range between one and 10 consecutive days." (Pen. Code, §§ 3000.08, subd. (e), & 3455, subd. (c).)
With the creation of PRCS, the supervising agency was authorized to employ "flash incarceration" as an "intermediate sanction" for responding to both parole and PRCS violations. (See Pen. Code, §§ 3454, subd. (c), & 3000.08 (e).) The Legislative Analyst’s Office explained the context and reasoning behind "flash incarceration" as part of realignment: "[T]he realignment legislation provided counties with some additional options for how to manage the realigned offenders. . . . [T]he legislation allows county probation officers to return offenders who violate the terms of their community supervision to jail for up to ten days, which is commonly referred to as “flash incarceration.” The rationale for using flash incarceration is that short terms of incarceration when applied soon after the offense is identified can be more effective at deterring subsequent violations than the threat of longer terms following what can be lengthy criminal proceedings." (Legislative Analyst’s Office, The 2012–13 Budget: The 2011 Realignment of Adult Offenders—An Update (Feb. 22, 2012), pp. 8-9.)[1]
Intermediate sanctions, like flash incarceration, balance holding offenders accountable for violations of their conditions of supervision while focusing on shorter disruptions from work, home, or programming which often results from longer term revocations. Because flash incarceration has been used successfully by probation officers on persons supervised under PRCS, last session the Chief Probation Officers sponsored SB 266 (Block), Chapter 706, Statutes of 2016, to extend the use of flash incarceration to defendants granted probation or placed on mandatory supervision.
This bill curtails the use not only of flash incarceration, but in fact all intermediate sanctions, on persons on PRCS. It prohibits the use of any intermediate sanction if the person has violated the terms of release for a third time. In that instance, the supervising agency must file a petition to revoke, modify, or terminate PRCS. - Parole Suitability: The fundamental consideration in parole decisions is whether the inmate currently poses a threat to public safety. (In re Shaputis (2008) 44 Cal.4th 1241.) “[T]he relevant inquiry is whether the circumstances of the commitment offense, when considered in light of other facts in the record, are such that they continue to be predictive of current dangerousness many years after commission of the offense.” (In re Lawrence (2008) 44 Cal.4th 1181.) The decision whether to grant parole is an inherently subjective determination. (In re Rosenkrantz (2002) 29 Cal.4th 616, 655.) The BPH must consider all relevant, reliable information available. (Cal. Code Regs., tit. 15, § 2402, subd. (b).) Among these factors are the nature of the commitment offense, including the inmate's behavior before, during, and after the crime, as well as the inmate's social history, mental state, criminal record, attitude towards the crime, and parole plans. (Cal. Code Regs., tit. 15, §§ 2281, subd. (b), 2402, subd. (b); see also In re Busch (2016) 246 Cal.App.4th 953, 966.)
This bill requires the BPH to consider an inmate’s entire criminal history, not just the most recent commitment offense, in determining whether the person is suitable for parole. Although not delineated in statute, the BPH is already required to consider this information per regulations. This bill codifies existing practice.
- Argument in Support: According to Crime Victims United of California, “[T]he focus on an offender’s most recent commitment offense rather than the considering the entire criminal history of an individual is a growing concern in light of a host of criminal justice reforms over the past few years. AB 1408 would help address this issue in part by requiring the Board of Parole Hearings (BPH) to consider the entire criminal history of an inmate, not just the most recent commitment offense. This will help ensure a more comprehensive review of an individual’s risk to public safety, particularly when many such individuals often have other more ‘serious’ and ‘violent’ offenses in their history.
“With the passage of Proposition 57 increasing the number of inmates that will become eligible for parole consideration, a full understanding of the individual’s prior criminal history will become more important than ever to protect public safety when BPH considers whether or not to grant parole.
“AB 1408 would also help address the challenges with and public safety impacts of those individuals who continue to violate the terms of PRCS by requiring a PRCS revocation hearing after three violations. These individuals need to be held accountable for their actions, particularly in cases where there are continued violations and the supervising county agency has determined the tools available to them are not sufficient to ensure public safety.
“Finally, the bill would help provide for stronger information sharing arrangement between the Division of Adult Parole Operations (DAPO) and the county probation departments. Such information can be quite helpful for assessing an individual’s risk to public safety – particularly when there are repeated violations and increasing severity of criminal behavior. This information sharing will help ensure DAPO and county probation have the same information on an individual from which to conduct assessments, develop a supervision plan and to understand an individual’s struggles that could be of risk to public safety.” - Argument in Opposition: According to the California Attorneys for Criminal Justice, “Currently a probation officer supervising an individual on Post Release Community Supervision has multiple options available to them to deal with non-compliance ranging from counseling to added terms of supervision to flash incarcerations and, if intermediate sanctions are ultimately deemed insufficient, an officer may petitioning the court for modification, revocation or termination of supervision and a formal sentence.
“Of greatest concern is this bill’s effort to strip probation officers of their discretion to choose an appropriate sanction that best accomplishes the goals of supervision and rehabilitation. AB 109 (2011) recognized the need for evidence based reform of California’s process for supervising released inmates and a major component of that was empowering the boots on the ground (probation officers), with additional options in the form of graduated sanctions. Currently, the decision as to when court intervention is necessary resides with the person in the best position to make that decision. This bill would arbitrarily require probation officers to file a formal petition on a third violation. AB 1409 cites to no research that would justify this step backwards.
“Additionally, this bill expands a probation officer’s power to arrest an individual on Post Release Community supervision from the constitutionally permissible instances in which the officer has probable cause to believe the individual has violated the terms of his or her release to include instances in which the individual has failed to appear at a court hearing to provoke, modify, or terminate the individual’s Post Release Community Supervision. Similar to the bill’s proposed changes to parole hearings, discussed below, this provision of the bill seeks to solve a problem that does not exist. In the vast majority of instances when an individual fails to appear at a properly noticed court hearing, the judicial officer issues a warrant for the individual’s arrest. Thus, the only occasion on which this added provision would ever have practical effect would be that in which a judicial officer has deemed it inappropriate to issue a warrant for the individual’s arrest for failure to appear AND the officer does not have probable cause to believe the individual has violated any term of supervision (which would allow the officer to arrest under current law) at which time this bill would allow a probation officer to override that decision and arrest the individual against the judgment of the judicial officer and without any other probable cause. Such an arrest would likely violate the Due Process Clause.
“Lastly, Penal Code section 3041(b)(1) already commands that a body making a parole determination shall grant an individual parole unless ‘the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.’ In other words, the statute already clearly contemplates the consideration of past offenses. This bill nevertheless deems it necessary to add the following sentence to the end of that section: “The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination.” The bill seeks to amend a statute to repeat the directive of the immediately preceding sentence in the statute.” - Related Legislation: AB 152 (Gallagher), would require the Board of State and Community Corrections to collect and analyze data on recidivism rates of persons serving realigned felony sentences and those placed on PRCS. AB 152 is pending in the Assembly Appropriations Committee.
- Prior Legislation:
- SB 266 (Block), Chapter 706, Statutes of 2016, authorizes the use of "flash incarceration" to defendants granted probation or placed on mandatory supervision.
- AB 63 (Patterson), of the 2013-2014 Legislative Session, would have required that a person on PRSC or parole whose supervision was revoked for removing or disabling global positioning system (GPS) affixed as a condition of release, and who was ordered to serve a term of custody for the violation, to serve that term in the state prison. AB 63 failed passage in this Committee.
- AB 109 (Committee on Budget), Chapter 15, Statutes of 2011, enacted Criminal Justice Realignment which, among other things, made changes to parole supervision, including shifting the supervision of some released prison inmates from CDCR parole agents to local probation departments, and changing the revocation proceedings.
- SB 266 (Block), Chapter 706, Statutes of 2016, authorizes the use of "flash incarceration" to defendants granted probation or placed on mandatory supervision.
REGISTERED SUPPORT / OPPOSITION:
Support
Association for Los Angeles Deputy Sheriffs (Co-Sponsor)
Association of Deputy District Attorneys (Co-Sponsor)
California Association of Code Enforcement Officers (Co-Sponsor)
California College and University Police Chiefs Association (Co-Sponsor)
California Narcotic Officers Association (Co-Sponsor)
Los Angeles County Probation Officers Union AFSCME Local 685 (Co-Sponsor)
Los Angeles Police Protective League (Co-Sponsor)
Riverside Sheriffs Association (Co-Sponsor)
Crime Victims United of California
Peace Officers Research Association of California
Opposition
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
Analysis Prepared by:
Flash incarceration as intermediate sanction for offenders under state supervision who violate a term of their parole became effective July 1, 2013. (Pen. Code, § 3000.08, subd. (d).) Despite the authority to impose terms of flash incarceration upon state-supervised parolees, the Division of Adult Parole Operations (DAPO) has made a policy decision not to utilize flash incarceration. (See Valdivia v. Brown, Response to May 6 Order, filed 05/28/13, p. 17.) CDCR has informed this Committee that as of March 22, 2017 it is still not utilizing flash incarceration. ↑
Discussed in Hearing
1MIN
Assembly Floor
6MIN
Senate Floor
1H
Senate Standing Committee on Appropriations
2MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
14MIN
Assembly Standing Committee on Public Safety
Bill Author
