Today's Law As Amended


PDF |Add To My Favorites | print page

AB-1901 Corrections.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 3000.01 is added to the Penal Code, to read:

3000.01.
 (a) Notwithstanding any other law, a defendant who will be incarcerated in state prison for a current felony conviction that is not a serious felony as described in subdivision (c) of Section 1192.7, a violent felony as described in subdivision (c) of Section 667.5, a crime for which the defendant is sentenced pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12, a crime where the defendant is classified as a High Risk Sex Offender, or a crime where the defendant is required to undergo treatment by the State Department of State Hospitals because the defendant has a severe mental disorder, may be released from prison on parole rather than postrelease community supervision pursuant to this section.
(b) Upon a motion by the district attorney, or upon the court’s own motion, the court may, at the time of sentencing, order a defendant described in subdivision (a) to be released on parole rather than postrelease community supervision after serving his or her term in prison.
(c) In determining whether to release a defendant described in subdivision (a) on parole, the court may consider the record in the case, the defendant’s prior criminal history, the probation officer’s report, other reports, including reports received pursuant to Section 1203.3, statements submitted by the prosecution, showing facts in aggravation or facts in mitigation of ordering the defendant to be released on parole, statements by the defendant, the victim, or the family or next of kin if the victim is deceased, and any further evidence the court finds appropriate.
(d) The court shall consider the severity of the defendant’s criminal record and the other materials listed in subdivision (c) in determining whether to order the defendant to be released on parole, and shall set forth its reasons in the record for the order for a defendant described in subdivision (a) to be released on parole.

SECTION 1.SEC. 2.

 Section 3451 of the Penal Code is amended to read:

3451.
 (a) Notwithstanding any other law  law, except for Section 3000.01,  and except for persons serving a prison term for any a  crime described in subdivision (b), all persons released from prison on and after October 1, 2011, or, whose sentence has been deemed served pursuant to Section 2900.5 after serving a prison term for a felony shall, upon release from prison and for a period not exceeding three years immediately following release, be subject to postrelease  community supervision provided by the probation department of the county to which the person is being released, which is  a county agency designated by each county’s board of supervisors that is  consistent with evidence-based practices, including, but not limited to, supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under postrelease supervision.
(b) This section shall not apply to any a  person released from prison after having served a prison term for any of the following:
(1) A serious felony described in subdivision (c) of Section 1192.7.
(2) A violent felony described in subdivision (c) of Section 667.5.
(3) A crime for which the person was sentenced pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12.
(4) Any A  crime for which the person is classified as a high-risk  high risk  sex offender.
(5) Any A  crime for which the person is required, as a condition of parole, to undergo treatment by the State Department of State Hospitals pursuant to Section 2962.
(c) (1) Postrelease community  supervision under this title shall be implemented by the a  county probation department  agency  according to a postrelease strategy designated by each county’s board of supervisors.
(2) The Department of Corrections and Rehabilitation shall inform every prisoner subject to the provisions of this title, upon release from state prison, of the requirements of this title and of his or her responsibility to report to the county probation department. The department or probation department  agency responsible for serving that inmate. The department  shall also inform persons serving a term of parole or postrelease community supervision  for a felony offense who are subject to this section of the requirements of this title and of his or her responsibility to report to the county probation department.  agency responsible for serving that parolee.  Thirty days prior to the release of any a  person subject to postrelease community  supervision by a county, the department shall notify the county of all information that would otherwise be required for parolees under subdivision (e) of Section 3003.
(d) A person released to postrelease community supervision pursuant to subdivision (a) shall, regardless of any subsequent determination that the person should have been released to parole pursuant to Section 3000.08, remain subject to subdivision (a) after having served 60 days under supervision pursuant to subdivision (a).