SB 396: Corrections: supervision.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-03-20
Current Status:
Failed
(2026-02-02: Returned to Secretary of Senate pursuant to Joint Rule 56.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
This bill bars state, county, or local agencies that set parole or probation conditions from imposing a blanket rule that a person on supervision cannot contact any family member. If a family member was the victim of the convicted crime, an agency may still prohibit contact when needed for public safety but must give a written explanation to both the person on supervision and the family member explaining why the safety and rehabilitative benefits of the ban outweigh family association and any harms; it does not limit court-issued protective orders.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires prisoners sentenced to imprisonment in the state prison to serve time on parole or community supervision after their release from prison. Existing law authorizes courts to suspend the imposition or execution of punishments in specified criminal cases and instead enforce terms of probation or mandatory supervision.
This bill would prohibit a supervision authority, as defined, from imposing a condition of supervision that prohibits a person on supervision from being in contact with any family member. The bill would authorize the supervision authority to prohibit contact if the family member is a victim of the crime for which the person on supervision was convicted, and it is deemed necessary for public safety. The bill would require the supervision authority prohibiting contact to provide a written explanation of why the public safety and rehabilitative benefits of prohibiting contact outweigh the rights to familial association, any rehabilitative benefits from contact, and any harms to either person from prohibiting contact. By increasing duties on local governments, this bill would impose a state-mandated local program. The bill would exclude courts from the definition of a supervision authority.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendants mental competency is evaluated and if the defendant is found incompetent to stand trial. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine if the defendant is eligible for diversion within 30 days after the finding of incompetence. Under existing law, if the hearing is delayed beyond 30 days, the court is required to release the defendant on their own recognizance pending the hearing.This bill would instead require that hearing to be held within 29 days and would require, if the hearing is delayed beyond 29 days, the court to release the defendant on their own recognizance pending the hearing.Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendants mental competency is evaluated and if the defendant is found incompetent to stand trial. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine if the defendant is eligible for diversion within 30 days after the finding of incompetence. Under existing law, if the hearing is delayed beyond 30 days, the court is required to release the defendant on their own recognizance pending the hearing.
This bill would instead require that hearing to be held within 29 days and would require, if the hearing is delayed beyond 29 days, the court to release the defendant on their own recognizance pending the hearing.
(a)The Legislature finds and declares that family connection is essential to successful reentry into the community after incarceration.
(b)A supervision authority shall not impose a condition of supervision that prohibits a person on supervision from being in contact with any family member.
(c)Notwithstanding subdivision (b), if a family member is the victim of the crime for which the person on supervision was convicted, a supervision authority may prohibit contact between the victim family member and a person on supervision if deemed necessary for public safety, even if the victim family member agrees to contact. If the victim family member agrees to contact and the supervision authority decides to prohibit contact, the supervision authority shall provide a written explanation of why the public safety and rehabilitative benefits of prohibiting contact outweigh rights to familial association, any rehabilitative benefits from contact, and any harms to either person from prohibiting contact. The supervising authority shall provide a copy of the written explanation to the person on supervision and to the family member.
(d)This section does not prohibit the issuance or enforcement of any criminal protective order or condition of supervision established by the court.
(e)For the purposes of this section, the following definitions apply:
(1)Family member means a person related to the person on supervision by blood, marriage, adoption, or other legally established family relationship, including, but not limited to, foster family members.
(2)Supervision means parole, probation, postrelease community supervision, mandatory supervision, or any other form of supervision. Supervision does not include incarceration in a county jail or state prison.
(3)Supervision authority means any state, county, or local government agency that imposes conditions of supervision on a person on supervision. Supervision authority does not include a court.
(4)Victim means the person who is the named victim in the charging document of an offense that ended in conviction in the current case for which the person is on supervision.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 1370.01 of the Penal Code is amended to read:1370.01.(a)If the defendant is found mentally competent, the criminal process shall resume, and the trial on the offense charged or hearing on the alleged violation shall proceed.(b)(1)(A)If the defendant is found mentally incompetent, the trial, judgment, or hearing on the alleged violation shall be suspended and the court shall conduct a hearing, pursuant to Chapter 2.8A (commencing with Section 1001.35) of Title 6, and, if the court deems the defendant eligible, grant diversion pursuant to Section 1001.36 for a period not to exceed one year from the date the individual is accepted into diversion or the maximum term of imprisonment provided by law for the most serious offense charged in the misdemeanor complaint, whichever is shorter.(B)Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a mental health diversion program in accordance with this section includes a misdemeanor violation of Section 23152 or 23153 of the Vehicle Code. However, this section does not limit the authority of the Department of Motor Vehicles to take administrative action concerning the driving privileges of a person arrested for a violation of Section 23152 or 23153 of the Vehicle Code.(2)The hearing shall be held no later than 29 days after the finding of incompetence. If the hearing is delayed beyond 29 days, the court shall order the defendant to be released on their own recognizance pending the hearing.(3)If the defendant performs satisfactorily on diversion pursuant to this section, at the end of the period of diversion, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the initial diversion.(4)If the court finds the defendant ineligible for diversion based on the circumstances set forth in subdivision (b), (c), (d), or (g) of Section 1001.36, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine which one of the following actions the court will take:(A)Order modification of an existing mental health diversion treatment plan in accordance with a recommendation from the treatment provider.(B)Refer the defendant to assisted outpatient treatment pursuant to Section 5346 of the Welfare and Institutions Code. A referral to assisted outpatient treatment may only occur in a county where services are available pursuant to Section 5348 of the Welfare and Institutions Code, and the agency agrees to accept responsibility for treatment of the defendant. A hearing to determine eligibility for assisted outpatient treatment shall be held within 45 days after the finding of incompetency. If the hearing is delayed beyond 45 days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into assisted outpatient treatment, the charges shall be dismissed pursuant to Section 1385 six months after the date of the referral to assisted outpatient treatment, unless the defendants case has been referred back to the court prior to the expiration of that time period. This section does not alter the confidential nature of assisted outpatient treatment.(C)Refer the defendant to the county conservatorship investigator in the county of commitment for possible conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. A defendant shall only be referred to the conservatorship investigator if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county of commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the county mental health director or the directors designee and shall notify the county mental health director or their designee of the outcome of the proceedings. Before establishing a conservatorship, the public guardian shall investigate all available alternatives to conservatorship pursuant to Section 5354 of the Welfare and Institutions Code. If a petition is not filed within 30 days of the referral, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending conservatorship proceedings. If the outcome of the conservatorship proceedings results in the filing of a petition for the establishment of a temporary or permanent conservatorship, the charges shall be dismissed pursuant to Section 1385 90 days after the date of the filing of the petition, unless the defendants case has been referred back to the court prior to the expiration of that time period. This section does not alter the confidential nature of conservatorship proceedings.(D)Refer the defendant to the CARE program pursuant to Section 5978 of the Welfare and Institutions Code. A hearing to determine eligibility for CARE shall be held within 14 court days after the date on which the petition for the referral is filed. If the hearing is delayed beyond 14 court days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into CARE, the charges shall be dismissed pursuant to Section 1385 six months after the date of the referral to CARE, unless the defendants case has been referred back to the court prior to the expiration of that time period. This section does not alter the confidential nature of CARE program proceedings.(E)If the defendant does not qualify for services pursuant to subparagraphs (A) to (D), inclusive, dismiss the charges.(c)It is the intent of the Legislature that a defendant subject to the terms of this section receive mental health treatment in a treatment facility and not a jail. A term of four days will be deemed to have been served for every two days spent in actual custody against the maximum period of treatment pursuant to subparagraphs (B) and (D) of paragraph (4) of subdivision (b) and subparagraph (A) of paragraph (1) of subdivision (b), if applicable. A defendant not in actual custody shall otherwise receive day for day credit against the term of treatment from the date the defendant is accepted into treatment in the event that the criminal charges have not previously been dismissed. Actual custody has the same meaning as in Section 4019.(d)This section shall apply only as provided in subdivision (b) of Section 1367.(e)It is the intent of the Legislature that the court shall consider all treatment options as provided in this section prior to dismissing criminal charges. However, nothing in this section limits a courts discretion pursuant to Section 1385.(a)If the defendant is found mentally competent, the criminal process shall resume, and the trial on the offense charged or hearing on the alleged violation shall proceed.
(b)(1)(A)If the defendant is found mentally incompetent, the trial, judgment, or hearing on the alleged violation shall be suspended and the court shall conduct a hearing, pursuant to Chapter 2.8A (commencing with Section 1001.35) of Title 6, and, if the court deems the defendant eligible, grant diversion pursuant to Section 1001.36 for a period not to exceed one year from the date the individual is accepted into diversion or the maximum term of imprisonment provided by law for the most serious offense charged in the misdemeanor complaint, whichever is shorter.
(B)Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a mental health diversion program in accordance with this section includes a misdemeanor violation of Section 23152 or 23153 of the Vehicle Code. However, this section does not limit the authority of the Department of Motor Vehicles to take administrative action concerning the driving privileges of a person arrested for a violation of Section 23152 or 23153 of the Vehicle Code.
(2)The hearing shall be held no later than 30 29 days after the finding of incompetence. If the hearing is delayed beyond 30 29 days, the court shall order the defendant to be released on their own recognizance pending the hearing.
(3)If the defendant performs satisfactorily on diversion pursuant to this section, at the end of the period of diversion, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the initial diversion.
(4)If the court finds the defendant ineligible for diversion based on the circumstances set forth in subdivision (b), (c), (d), or (g) of Section 1001.36, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine which one of the following actions the court will take:
(A)Order modification of an existing mental health diversion treatment plan in accordance with a recommendation from the treatment provider.
(B)Refer the defendant to assisted outpatient treatment pursuant to Section 5346 of the Welfare and Institutions Code. A referral to assisted outpatient treatment may only occur in a county where services are available pursuant to Section 5348 of the Welfare and Institutions Code, and the agency agrees to accept responsibility for treatment of the defendant. A hearing to determine eligibility for assisted outpatient treatment shall be held within 45 days after the finding of incompetency. If the hearing is delayed beyond 45 days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into assisted outpatient treatment, the charges shall be dismissed pursuant to Section 1385 six months after the date of the referral to assisted outpatient treatment, unless the defendants case has been referred back to the court prior to the expiration of that time period. This section does not alter the confidential nature of assisted outpatient treatment.
(C)Refer the defendant to the county conservatorship investigator in the county of commitment for possible conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. A defendant shall only be referred to the conservatorship investigator if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county of commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the county mental health director or the directors designee and shall notify the county mental health director or their designee of the outcome of the proceedings. Before establishing a conservatorship, the public guardian shall investigate all available alternatives to conservatorship pursuant to Section 5354 of the Welfare and Institutions Code. If a petition is not filed within 30 days of the referral, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending conservatorship proceedings. If the outcome of the conservatorship proceedings results in the filing of a petition for the establishment of a temporary or permanent conservatorship, the charges shall be dismissed pursuant to Section 1385 90 days after the date of the filing of the petition, unless the defendants case has been referred back to the court prior to the expiration of that time period. This section does not alter the confidential nature of conservatorship proceedings.
(D)Refer the defendant to the CARE program pursuant to Section 5978 of the Welfare and Institutions Code. A hearing to determine eligibility for CARE shall be held within 14 court days after the date on which the petition for the referral is filed. If the hearing is delayed beyond 14 court days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into CARE, the charges shall be dismissed pursuant to Section 1385 six months after the date of the referral to CARE, unless the defendants case has been referred back to the court prior to the expiration of that time period. This section does not alter the confidential nature of CARE program proceedings.
(E)If the defendant does not qualify for services pursuant to subparagraphs (A) to (D), inclusive, dismiss the charges.
(c)It is the intent of the Legislature that a defendant subject to the terms of this section receive mental health treatment in a treatment facility and not a jail. A term of four days will be deemed to have been served for every two days spent in actual custody against the maximum period of treatment pursuant to subparagraphs (B) and (D) of paragraph (4) of subdivision (b) and subparagraph (A) of paragraph (1) of subdivision (b), if applicable. A defendant not in actual custody shall otherwise receive day for day credit against the term of treatment from the date the defendant is accepted into treatment in the event that the criminal charges have not previously been dismissed. Actual custody has the same meaning as in Section 4019.
(d)This section shall apply only as provided in subdivision (b) of Section 1367.
(e)It is the intent of the Legislature that the court shall consider all treatment options as provided in this section prior to dismissing criminal charges. However, nothing in this section limits a courts discretion pursuant to Section 1385.
|
Date
|
Status
|
|---|---|
| Feb 2, 2026 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
| May 23, 2025 | May 23 hearing: Held in committee and under submission. |
| May 16, 2025 | Set for hearing May 23. |
| Apr 21, 2025 | April 21 hearing: Placed on APPR. suspense file. |
| Apr 10, 2025 | Set for hearing April 21. |
| Apr 8, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 709.) (April 8). Re-referred to Com. on APPR. |
| Mar 27, 2025 | Set for hearing April 8. |
| Mar 21, 2025 | April 1 hearing postponed by committee. |
| Mar 20, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 18, 2025 | Set for hearing April 1. |
| Feb 26, 2025 | Referred to Coms. on PUB. S. and APPR. |
| Feb 18, 2025 | From printer. May be acted upon on or after March 17. |
| Feb 14, 2025 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 21, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2025 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate 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
|
|---|---|---|
| Aclu California Action | ** Support | |
| All of Us or None Los Angeles | ** Support | |
| Alliance for Boys and Men of Color | ** Support | |
| California for Safety and Justice | ** Support | |
| California Public Defenders Association | ** Support | |
| Center for Employment Opportunities | ** Support | |
| Courage California | ** Support | |
| Ella Baker Center For Human Rights | ** Support | |
| Initiate Justice | ** Support | |
| Initiate Justice Action | ** Support | |
| Justice2jobs Coalition | ** Support | |
| LA Defensa | ** Support | |
| Legal Services for Prisoners with Children | ** Support | |
| Los Angeles County Public Defenders Union, Local 148 | ** Support | |
| Milpa Collective | ** Support | |
| San Francisco Public Defender | ** Support | |
| Silicon Valley De-Bug | ** Support | |
| Smart Justice California | ** Support | |
| Underground Scholars Initiative, University of California, Irvine | ** Support | |
| Underground Scholars Initiative, University of California, Los Angeles | ** Support |
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 396 (Stern) - Corrections: supervision
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would prohibit a supervision authority, as defined, from imposing a condition of supervision that restricts a person on supervision from being in contact with any family member unless the family member is a victim of the crime for which the person on supervision was convicted, and it is deemed necessary for public safety.
Fiscal Impact:
Unknown, potential costs pressures (local funds, General Fund) to the California Department of Corrections and Rehabilitation (CDCR) and counties to comply with the requirements of this bill. Counties and CDCR will incur ongoing costs associated with providing a written explanations of why the public safety and rehabilitative benefits of prohibiting contact outweigh rights to familial association, any rehabilitative benefits from contact, and any harms to either person from prohibiting contact and providing a a copy of the written explanation to the person on supervision and to the family member. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
Background:
Supervision refers to monitoring of a person by an agent or officer—either after release from incarceration or in lieu of incarceration—while living in the community and subject to certain rules.
There are several types of supervision in this state: probation, PRCS, mandatory supervision, and parole. Individuals on parole served time in a state prison for specified offenses before being released back into the community. Individuals who served their sentence in a state prison for offenses other than those that require parole supervision are placed on PRCS upon release. Individuals who served time for a felony in county jail (i.e., a realigned felony) are subject to mandatory supervision when a portion of the person’s sentenced term is suspended and the person is released from physical custody early. Finally, probation is a type of supervision that a judge orders as part of the original sentence, either as an alternative to incarceration or in addition to incarceration. Individuals on parole are supervised by state parole agents. Individuals on the other three types of supervision are supervised by county probation officers.
People who are subject to supervision are generally required to comply with a set of conditions. Common supervision conditions include requirements to submit to regular drug testing, to attend certain types of classes, to refrain from consuming alcohol, to receive outpatient mental health treatment, to maintain employment, obtain permission from the supervising agent or officer to travel outside of a specified area, and to refrain from associating with specified individuals.
There are several well-documented challenges that individuals face following a period of incarceration. Difficulty obtaining employment, lack of stable and affordable housing, lack of prosocial support networks, substance use and mental health disorders, and lack of education all serve as barriers to successful reentry.[1] Research indicates that family support is a key contributor to successful reentry outcomes.[2] Specifically, reducing barriers to family contact may lead to positive outcomes.[3] Recent research indicates that familial support in the form of housing or financial support appear more salient in promoting prosocial reentry outcomes than emotional or interactional support.[4]
Proposed Law:
This bill:
- Provides that the Legislature finds and declares that family connection is essential to successful reentry into the community after incarceration.
- Prohibits a supervision authority from imposing a condition of supervision that prohibits a person on supervision from being in contact with any family member.
- Allows a supervision authority to restrict contact with a family member who is the victim of the crime for which the person on supervision was convicted, if deemed necessary for public safety, even if the victim family member agrees to contact. If the victim family member agrees to contact and the supervision authority decides to prohibit contact, the supervision authority shall provide a written explanation of why the public safety and rehabilitative benefits of prohibiting contact outweigh rights to familial association, any rehabilitative benefits from contact, and any harms to either person from prohibiting contact. The supervising authority shall provide a copy of the written explanation to the person on supervision and to the family member.
- Provides that these provisions do not prohibit the issuance or enforcement of any criminal protective order or condition of supervision established by the court.
- Defines the following:
- “Family member” as a person related to the person on supervision by blood, marriage, adoption, or other legally established family relationship, including, but not limited to, foster family members;
- “Supervision” as parole, probation, postrelease community supervision, mandatory supervision, or any other form of supervision. “Supervision” does not include incarceration in a county jail or state prison; and,
- “Supervision authority” as any state, county, or local government agency that imposes conditions of supervision on a person on supervision. “Supervision authority” does not include a court.
- “Victim” as the person who is the named victim in the charging document of an offense that ended in conviction in the current case for which the person is on supervision.
Related Legislation:
AB 1226 (Haney), Ch. 98, Stats. 2024, requires an incarcerated person with a child as to be placed in the correctional institution or facility that is located nearest to the primary place of residence of the child.
-- END --
Dept. of Justice, Report to Congress from the Reentry Coordination Council, Coordination to Reduce Barriers to Reentry: Lessons Learned from COVID-19 and Beyond (Apr. 2022), p. 7 available at <https://www.justice.gov/archives/opa/press-release/file/1497911/dl#:~:text=It%20is%20no%20secret%20that,to%20treatment%20and%20health%20care.>. ↑
Illinois Criminal Justice Information Authority, Families and Reentry: Unpacking How Social Support Matters (Jun. 2012), p.1 available at <https://www.urban.org/sites/default/files/publication/24921/1001630-Families-and-reentry-Unpacking-How-Social-Support-Matters.pdf>. ↑
Mowen & Vischer, Changing the Ties that Bind: How Incarceration Impacts Family Relationships (Apr. 2016) Criminology & Pub. Policy 15(2). ↑
Mowen et al., Family Matters: Moving Beyond “If” Family Support Matters to “Why” Family Support Matters During Reentry from Prison (Dec. 2018) Journal of Res. Crim. Delinq. 56(4) available at <https://www.pmc.ncbi.nlm.nih.gov/articles/PMC7205225/#:~:text=Conclusions%3A,basic%20needs%20of%20returning%20individuals.>. ↑
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Jesse Arreguín, Chair
2025 - 2026 Regular
Bill No: SB 396 Hearing Date: April 8, 2025
Author: | Stern | ||
Version: | March 20, 2025 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Corrections: supervision
HISTORY
Source: Root & Rebound
Prior Legislation: AB 1950 (Kamlager), Ch. 328, Stats. of 2020
Support: ACLU California Action; All of Us or None Los Angeles; Alliance for Boys and Men of Color; California for Safety and Justice; California Public Defenders Association; Center for Employment Opportunities; Courage California; Ella Baker Center for Human Rights; Initiate Justice; Initiate Justice Action; Justice2Jobs Coalition; La Defensa; Legal Services for Prisoners With Children; Los Angeles County Public Defenders Union, Local 148; MILPA Collective; San Francisco Public Defender; Silicon Valley De-Bug; Smart Justice California; Underground Scholars Initiative, University of California, Irvine; Underground Scholars Initiative, University of California, Los Angeles
Opposition: None known
PURPOSE
The purpose of this bill is to prohibit a supervision authority, as defined, from imposing a condition of supervision that prohibits a person on supervision from being in contact with any family member unless the family member is a victim of the crime for which the person on supervision was convicted, and it is deemed necessary for public safety.
Existing law defines “probation” as the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of the probation officer. (Pen. Code, § 1203, subd. (a).)
Existing law provides that “mandatory supervision” means the portion of a defendant’s sentenced term during which time the person is supervised by the county probation officer (Pen. Code, § 19.9.)
Existing law provides that where the term is not specified in the underlying offense, a felony is punishable by a term of imprisonment in a county jail for 16 months, or two or three years. (Pen. Code, § 1170, subd. (h)(1).)
Existing law requires the court, unless it finds in the interest of justice that it is not appropriate in a particular case, to suspend execution of a concluding portion of the term for a period selected at the court’s discretion. (Pen. Code, § 1170, subd. (h)(5)(A).)
Existing law provides that the portion of a defendant’s sentenced term that is suspended is known as mandatory supervision, and, unless otherwise ordered by the court, commences upon release from physical custody or an alternative custody program, whichever is later. Requires that defendant be supervised by the county probation officer during the period of mandatory supervision in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation for the remaining unserved portion of the sentence imposed by the court. Provides that the period of supervision is mandatory and may not be earlier terminated, except by court order. (Pen. Code, § 1170, subd. (h)(5)(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 California Department of Corrections and Rehabilitation (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 the person was sentenced 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 individuals released from prison to be placed on post-release community supervision (PRCS) supervised by the probation department of the county to which the person is being released. (Pen. Code, §§ 3000.08, subd. (b), & 3451, subd. (a).)
Existing law requires all persons paroled from state prison 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, subd. (b).)
Existing law enumerates conditions of PRCS, including obeying all laws, following the directives and instructions of the supervising county agency, reporting to the supervising county agency as directed by that agency, immediately informing the supervising county agency if the person is arrested or receives a citation, obtaining the permission of the supervising county agency to travel more than 50 miles from the person’s place of residence, and participating in rehabilitation programming as recommended by the supervising county agency, among others. (Pen. Code, § 3453.)
This bill prohibits a supervision authority from imposing a condition of supervision that prohibits a person on supervision from being in contact with any family member.
This bill authorizes a supervision authority to prohibit contact between a person on supervision and a family member if the family member is the victim of the crime for which the person on supervision was convicted and if deemed necessary for public safety, even if the victim family member agrees to contact.
This bill requires a supervision authority to provide a written explanation if the victim family member agrees to contact and the supervision authority decides to prohibit contact. Requires the
written explanation to include why the public safety and rehabilitative benefits of prohibiting contact outweigh rights to familial association, any rehabilitative benefits from contact, and any harms to either person from prohibiting contact.
This bill states that its provisions does not prohibit the issuance or enforcement of any criminal protective order or condition of supervision established by the court.
This bill includes the following definitions:
- “Family member” means a person related to the person on supervision by blood, marriage, adoption, or other legally established family relationship, including, but not limited to, foster family members.
- “Supervision” means parole, probation, postrelease community supervision, mandatory supervision, or any other form of supervision. Specifies that “supervision” does not include incarceration in a county jail or state prison.
- “Supervision authority” means any state, county, or local government agency that imposes conditions of supervision on a person on supervision. Specifies that “supervision authority” does not include a court.
- “Victim” means the person who is the named victim in the charging document of an offense that ended in conviction in the current case for which the person is on supervision.
This bill includes codified legislative findings and declarations that family connection is essential to successful reentry into the community after incarceration.
COMMENTS
- Need For This Bill
According to the author:
Returning home from prison and jail is hard enough. Upon release, people face barriers to employment and education; some become housing and food insecure, and, in the midst of it all, some are restricted from seeing their loved ones. While no contact orders are set in good faith—with the goal of protecting those impacted by crimes, they can be so broad that they restrict people on supervision from their entire support system. These conditions needlessly separate families and make it more difficult for people to succeed upon release. SB 396 seeks to end the unjust practice of separating individuals on probation or parole from their families, particularly when those families were not involved in the crime and wish to maintain contact. This bill will help reunify families and remove barriers to support when people returning home need it most.
- Reentry Challenges
There are several well-documented challenges that individuals face following a period of incarceration. Difficulty obtaining employment, lack of stable and affordable housing, lack of prosocial support networks, substance use and mental health disorders, and lack of education all serve as barriers to successful reentry.[1] Research indicates that family support is a key contributor to successful reentry outcomes.[2] Specifically, reducing barriers to family contact may lead to positive outcomes.[3] Recent research indicates that familial support in the form of housing or financial support appear more salient in promoting prosocial reentry outcomes than emotional or interactional support.[4]
- Supervision
Types
Supervision refers to monitoring of a person by an agent or officer—either after release from incarceration or in lieu of incarceration—while living in the community and subject to certain rules. There are several types of supervision in this state: probation, PRCS, mandatory supervision, and parole. Individuals on parole served time in a state prison for specified offenses before being released back into the community. Individuals who served their sentence in a state prison for offenses other than those that require parole supervision are placed on PRCS upon release. Individuals who served time for a felony in county jail (i.e., a realigned felony) are subject to mandatory supervision when a portion of the person’s sentenced term is suspended and the person is released from physical custody early. Finally, probation is a type of supervision that a judge orders as part of the original sentence, either as an alternative to incarceration or in addition to incarceration.
Individuals on parole are supervised by state parole agents; individuals on the other three types of supervision are supervised by county probation officers.
Conditions
People who are subject to supervision are generally required to comply with a set of conditions. Common supervision conditions include requirements to submit to regular drug testing, to attend certain types of classes, to refrain from consuming alcohol, to receive outpatient mental health treatment, to maintain employment, obtain permission from the supervising agent or officer to travel outside of a specified area, and to refrain from associating with specified individuals. Violations of supervision conditions can lead to a variety of sanctions, including, but not limited to, flash incarceration, revocation of that particular type of supervision, and re-incarceration.
In the case of a person released from state prison onto parole, CDCR imposes parole conditions. Penal Code section 3453 enumerates a list of conditions that apply to individuals on PRCS. Each county probation department is also authorized to impose additional conditions, but any additional PRCS conditions must be reasonably related to the underlying offense for which the person spent time in prison, or to the person’s risk of recidivism and the person’s criminal history, and be otherwise consistent with law. (Pen. Code, § 3454, subd. (a).) In the case of a person on probation, the court has broad discretion to impose conditions that foster the defendant’s rehabilitation and protect the public safety. (People v. Carbajal (1995) 10 Cal.4th 1114, 1120; Pen. Code, §§ 1202.7, 1202.8, 1203.) Finally, a person on mandatory supervision is supervised “in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation for the remaining unserved portion of the sentence imposed by the court.” (Pen. Code, § 1170, subd. (h)(5)(B).)
This bill prohibits a supervision authority, defined as any state, county, or local government agency that imposes conditions of supervision on a person on supervision, from imposing a condition of supervision that prohibits a person from being in contact with any family member. This bill specifies that “supervision authority” does not include a court. This bill does, however, authorize a supervision authority to prohibit contact between a person on supervision and a family member if the family member is the victim of the crime for which the person on supervision was convicted and the no-contact condition is deemed necessary for public safety, even if the victim family member agrees to contact. This bill additionally states that its provisions does not prohibit the issuance or enforcement of any criminal protective order or condition of supervision established by the court.
If the goal of the bill is to limit the use of no-contact conditions with respect to family members, except as specified, but not to interfere with court-ordered conditions, then the author may need to consider amending this bill to remove references to probation and mandatory supervision given that conditions for those forms of supervision are generally court-ordered. Alternatively, the bill could be amended to allow for limitations on a court’s ability to impose this type of condition.
- Argument in Support
Californians for Safety and Justice writes:
When an individual is released from incarceration, they are generally placed on a period of supervision—either probation, parole or postrelease community supervision. While on supervision, that individual must strictly comply with various conditions of supervision. These conditions may require participation in specific rehabilitation programs, prohibitions on drinking alcohol, or restrictions on how far they can travel from home. Additionally, people on supervision are often prevented from being in contact with specific people.
No-contact conditions prohibit an individual on supervision from communicating or interacting with a specific person or a group of people—usually the victim of their crime. Although these conditions are set in good faith, they can be so broad that they prohibit people on supervision from contacting their own family members, such as their children or spouses, even when these family members weren’t victims of their crime and want to be in contact with their loved ones.
SB 396 stops the use of conditions of supervision that would prohibit a person on supervision from being in contact with their family members, unless:
1) The family member is the victim of the crime that the person on supervision was convicted of;
2) There is a criminal protective order that prohibits contact with any family member; or
3) A condition of supervision that prohibits contact with any family member is established by the court.
A Root & Rebound survey of more than 400 people who have experienced parole found that 21% had conditions prohibiting contact with family members … This survey data indicated that people with a no-contact condition were nearly twice as likely to be released from prison unhoused.
Overly broad no-contact conditions needlessly separate families and make it more difficult for people to succeed on supervision. Further, these conditions are often arbitrarily imposed on people after they have had years of contact with their family while incarcerated, unexpectedly taking away a vital source of family support when people returning home need it most.
-- END --
Dept. of Justice, Report to Congress from the Reentry Coordination Council, Coordination to Reduce Barriers to Reentry: Lessons Learned from COVID-19 and Beyond (Apr. 2022), p. 7 available at <https://www.justice.gov/archives/opa/press-release/file/1497911/dl#:~:text=It%20is%20no%20secret%20that,to%20treatment%20and%20health%20care.>. ↑
Illinois Criminal Justice Information Authority, Families and Reentry: Unpacking How Social Support Matters (Jun. 2012), p.1 available at <https://www.urban.org/sites/default/files/publication/24921/1001630-Families-and-reentry-Unpacking-How-Social-Support-Matters.pdf>. ↑
Mowen & Vischer, Changing the Ties that Bind: How Incarceration Impacts Family Relationships (Apr. 2016) Criminology & Pub. Policy 15(2). ↑
Mowen et al., Family Matters: Moving Beyond “If” Family Support Matters to “Why” Family Support Matters During Reentry from Prison (Dec. 2018) Journal of Res. Crim. Delinq. 56(4) available at <https://www.pmc.ncbi.nlm.nih.gov/articles/PMC7205225/#:~:text=Conclusions%3A,basic%20needs%20of%20returning%20individuals.>. ↑
Discussed in Hearing
10MIN
Senate Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):