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SB-1398 Parole: supervision.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill
No. 1398

Introduced  by  Senator Anderson

February 24, 2012

An act to amend Section 3000.08 of the Penal Code, relating to parole.


LEGISLATIVE COUNSEL'S DIGEST


SB 1398, as introduced, Anderson. Parole: supervision.
Existing law, operative until July 1, 2013, provides that prisoners released from state prison after serving a prison term for specified felonies shall be subject to the jurisdiction of, and parole supervision by, the Department of Corrections and Rehabilitation. Existing law, operative July 1, 2013, provides that persons released from state prison prior to or on or after July 1, 2013 after serving a prison term for specified felonies shall be subject to parole supervision by the department and to the jurisdiction of the court in the county where the parolee is released or resides for the purpose of hearing petitions to revoke parole and impose a term of custody.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3000.08 of the Penal Code, as amended by Section 17 of Chapter 12 of the First Extraordinary Session of the Statutes of 2011, is amended to read:

3000.08.
 (a) Persons released from state prison on or after October 1, 2011, after serving a prison term, or, whose sentence has been deemed served pursuant to Section 2900.5, for any of the following crimes shall be subject to the jurisdiction of, and parole supervision by, the Department of Corrections and Rehabilitation:
(1) A serious felony as described in subdivision (c) of Section 1192.7.
(2) A violent felony as described in subdivision (c) of Section 667.5.
(3) A crime for which the person was sentenced pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12.
(4) Any crime where the person eligible for release from prison is classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a condition of parole, to undergo treatment by the State Department of Mental Health pursuant to Section 2962.
(b) Notwithstanding any other provision of law, all other offenders released from prison shall be placed on postrelease supervision pursuant to Title 2.05 (commencing with Section 3450).
(c) Notwithstanding subdivision (a), any of the following persons released from state prison shall be subject to the jurisdiction of, and parole supervision by, the Department of Corrections and Rehabilitation for a period of parole up to three years or the parole term the person was subject to at the time of the commission of the offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, and was subject to a period of parole exceeding three years at the time he or she committed a felony for which they were he or she was convicted and subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section 3000.1 at the time of the commission of the offense that resulted in a conviction and state prison sentence.
(d) Except as described in subdivision (c), any person who is convicted of a felony that requires community supervision and who still has a period of state parole to serve shall discharge from state parole at the time of release to community supervision.
(e) This section shall remain operative only until July 1, 2013, and as of January 1, 2014, is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.