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AB-1182 Post-release supervision of offenders.(2019-2020)

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Date Published: 04/22/2019 09:00 PM
AB1182:v97#DOCUMENT

Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1182


Introduced by Assembly Member Carrillo

February 21, 2019


An act to amend Sections 3000, 3001, and 3456 of the Penal Code, relating to postrelease supervision of offenders.


LEGISLATIVE COUNSEL'S DIGEST


AB 1182, as amended, Carrillo. Post-release supervision of offenders.
Existing law requires that specified persons who have been released on parole from state prison who were not imprisoned for a violent felony, a serious felony, or an offense requiring registration as a sex offender, and who have been on parole for a period of 6 months, be discharged from parole unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person should be retained, and the board, for good cause, determines that the person is to be retained.
This bill would instead require those persons, if they have been scored as low or moderate risk by the department’s risk assessment tool, to be released if they have been on parole continuously for 180 days and have not committed any crimes, unless they have violated a condition of parole resulting in custodial sanctions. new offenses. The bill would require those persons, if they have not been scored as low or moderate risk by the department’s risk assessment tool, to be released if they have been on parole continuously for 180 days, have been compliant with the terms and conditions of their parole, and have not committed any crimes, new offenses, unless the Department of Corrections and Rehabilitation determines, for good cause, that the person be retained.
Existing law requires that specified persons who have been released on parole from state prison who were imprisoned for a serious felony or an offense requiring registration as a sex offender, and who have been on parole continuously for one year since release from confinement, be discharged from parole unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person should be retained, and the board, for good cause, determines that the person be retained.
This bill would instead require those persons, if they have been scored as low or moderate risk by the department’s risk assessment tool, to be released if they have been on parole continuously for 180 days, have been compliant with the terms and conditions of their parole, and have not committed any crimes, new offenses, unless the Department of Corrections and Rehabilitation determines, for good cause, that the person is to be retained. The bill would require those persons, if they have not been scored as low or moderate risk by the department’s risk assessment tool, to be released if they have been on parole continuously for one year, have been compliant with the terms and conditions of their parole, and have not committed any crimes, new offenses, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person should be retained, and the board, for good cause, determines that the person be retained.
Existing law requires that specified persons who have been released on parole from state prison who were imprisoned for a violent felony, and who have been released on parole for a period not exceeding 3 years and have been on parole continuously for 2 years since release from confinement, or who have been released on parole for a period not exceeding 5 years and have been on parole continuously for 3 years since release from confinement, be discharged from parole unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person should be retained, and the board, for good cause, determines that the person be retained.
This bill would instead require those persons, if they have been scored as low or moderate risk by the department’s risk assessment tool, to be released if they have been on parole continuously for 180 days, have been compliant with the terms and conditions of their parole, and have not committed any crimes, new offenses, unless the Department of Corrections and Rehabilitation determines, for good cause, that the person is to be retained. The bill would require those persons, if they have not been scored as low or moderate risk by the department’s risk assessment tool, to be released if they have been on parole for one year, if they are on parole for a period not exceeding 3 years, or 2 years, if they are on parole for a period not exceeding 5 years, and they have not violated any terms or conditions of parole or committed any crimes, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person should be retained, and the board, for good cause, determines that the person be retained.
Existing law requires that a person who has been released to county postrelease supervision, that has been on postrelease supervision for 6 consecutive months without a violation of their conditions of postrelease supervision, may be considered for discharge.
This bill would instead require those persons, if they have been scored as low or moderate risk by the department’s risk assessment tool, to be released if they have been on postrelease supervision for 180 days and have not committed any crimes, unless they have violated a condition of supervision resulting in custodial sanctions. The bill would require those persons, if they have not been scored as low or moderate risk by the department’s risk assessment tool, to be released if they have been on postrelease supervision for 180 days, have been compliant with the terms and conditions of supervision, and have not committed any crimes, unless the superior court of the county that maintains postrelease supervision over the person determines, for good cause, that the person shall be retained. persons to be reviewed and considered for discharge.
This bill would additionally define “good cause” for these purposes. The bill would require the department or the county agency responsible for postrelease supervision, when good cause is found, to draft and adopt a supervision plan to address the issues that gave rise to the good cause finding, as specified. By imposing additional duties on a county agency, this bill would create a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 3000 of the Penal Code is amended to read:

3000.
 (a) (1) The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. It is in the interest of public safety for the state to provide for the effective supervision and rehabilitation of offenders within a policy framework that improves the likelihood of successful reintegration and reduces instances of recidivism through the provision of offender-specific supportive services before and after release from confinement, including educational, vocational, family, and personal counseling and treatment, the wise use of resources, the application of positive incentives that reward compliant behavior and calibrated responses to violations of the terms and conditions of parole, and the use of validated, evidence-based assessments of risks and needs to determine for each parolee the appropriate level of supervision, the correct responses to violations, and the proper time for discharge from parole. A sentence resulting in imprisonment in the state prison pursuant to Section 1168 or 1170 shall include a period of parole supervision or postrelease community supervision, unless waived, or as otherwise provided in this article.
(2) The Legislature finds and declares that it is not the intent of this section to diminish resources allocated to the Department of Corrections and Rehabilitation for parole functions for which the department is responsible. It is also not the intent of this section to diminish the resources allocated to the Board of Parole Hearings to execute its duties with respect to parole functions for which the board is responsible.
(3) The Legislature finds and declares that diligent effort must be made to ensure that parolees are held accountable for their criminal behavior, including, but not limited to, the satisfaction of restitution fines and orders.
(4) For any person subject to a sexually violent predator proceeding pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, an order issued by a judge pursuant to Section 6601.5 of the Welfare and Institutions Code, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon the individual’s release, shall toll the period of parole of that person, from the date that person is released by the Department of Corrections and Rehabilitation as follows:
(A) If the person is committed to the State Department of State Hospitals as a sexually violent predator and subsequently a court orders that the person be unconditionally discharged, the parole period shall be tolled until the date the judge enters the order unconditionally discharging that person.
(B) If the person is not committed to the State Department of State Hospitals as a sexually violent predator, the tolling of the parole period shall be abrogated and the parole period shall be deemed to have commenced on the date of release from the Department of Corrections and Rehabilitation.
(5) Paragraph (4) applies to persons released by the Department of Corrections and Rehabilitation on or after January 1, 2012. Persons released by the Department of Corrections and Rehabilitation prior to January 1, 2012, shall continue to be subject to the law governing the tolling of parole in effect on December 31, 2011.
(b) Notwithstanding any provision to the contrary in Article 3 (commencing with Section 3040) of this chapter, the following shall apply to any inmate subject to Section 3000.08:
(1) In the case of any inmate sentenced under Section 1168 for a crime committed prior to July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the Board of Parole Hearings for good cause waives parole and discharges the inmate from custody of the department. This subdivision shall also be applicable to inmates who committed crimes prior to July 1, 1977, to the extent specified in Section 1170.2. In the case of any inmate sentenced under Section 1168 for a crime committed on or after July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the department for good cause waives parole and discharges the inmate from custody of the department.
(2) (A) For a crime committed prior to July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period not exceeding three years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period not exceeding 10 years, unless a longer period of parole is specified in Section 3000.1.
(B) For a crime committed on or after July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period of three years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period of 10 years, unless a longer period of parole is specified in Section 3000.1.
(3) Notwithstanding paragraphs (1) and (2), in the case of any offense for which the inmate has received a life sentence pursuant to subdivision (b) of Section 209, with the intent to commit a specified sex offense, or Section 667.51, 667.61, or 667.71, the period of parole shall be 10 years, unless a longer period of parole is specified in Section 3000.1.
(4) (A) Notwithstanding paragraphs (1) to (3), inclusive, in the case of a person convicted of and required to register as a sex offender for the commission of an offense specified in Section 261, 262, 264.1, 286, 287, paragraph (1) of subdivision (b) of Section 288, Section 288.5 or 289, or former Section 288a, in which one or more of the victims of the offense was a child under 14 years of age, the period of parole shall be 20 years and six months unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of this determination and transmit a copy of it to the parolee.
(B) In the event of a retention on parole, the parolee shall be entitled to a review by the board each year thereafter.
(C) There shall be a board hearing consistent with the procedures set forth in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole to consider the release of the inmate on parole, and notwithstanding the provisions of paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of incarceration or unless there is a new prison commitment following a conviction.
(D) The provisions of Section 3042 shall not apply to any hearing held pursuant to this subdivision.
(5) (A) The Board of Parole Hearings shall consider the request of any inmate whose commitment offense occurred prior to July 1, 2013, regarding the length of the inmate’s parole and the conditions thereof.
(B) For an inmate whose commitment offense occurred on or after July 1, 2013, except for those inmates described in Section 3000.1, the department shall consider the request of the inmate regarding the length of the inmate’s parole and the conditions thereof. For those inmates described in Section 3000.1, the Board of Parole Hearings shall consider the request of the inmate regarding the length of the inmate’s parole and the conditions thereof.
(6) Upon successful completion of parole, or at the end of the maximum statutory period of parole specified for the inmate under paragraph (1), (2), (3), or (4), as the case may be, whichever is earlier, the inmate shall be discharged from custody. The date of the maximum statutory period of parole under this subdivision and paragraphs (1), (2), (3), and (4) shall be computed from the date of initial parole and shall be a period chronologically determined. Time during which parole is suspended because the prisoner has absconded or has been returned to custody as a parole violator shall not be credited toward any period of parole unless the prisoner is found not guilty of the parole violation. However, the period of parole is subject to the following:
(A) Except as provided in Section 3064, in no case may a prisoner subject to three years on parole be retained under parole supervision or in custody for a period longer than four years from the date of the prisoner’s initial parole.
(B) Except as provided in Section 3064, in no case may a prisoner subject to five years on parole be retained under parole supervision or in custody for a period longer than seven years from the date of the prisoner’s initial parole.
(C) Except as provided in Section 3064, in no case may a prisoner subject to 10 years on parole be retained under parole supervision or in custody for a period longer than 15 years from the date of the prisoner’s initial parole.
(7) The Department of Corrections and Rehabilitation shall meet with each inmate at least 30 days prior to the inmate’s good time release date and shall provide, under guidelines specified by the parole authority or the department, whichever is applicable, the conditions of parole and the length of parole up to the maximum period of time provided by law. The inmate has the right to reconsideration of the length of parole and conditions thereof by the department or the parole authority, whichever is applicable. The Department of Corrections and Rehabilitation or the board may impose as a condition of parole that a prisoner make payments on the prisoner’s outstanding restitution fines or orders imposed pursuant to subdivision (a) or (c) of Section 13967 of the Government Code, as operative prior to September 28, 1994, or subdivision (b) or (f) of Section 1202.4.
(8) For purposes of this chapter, and except as otherwise described in this section, the board shall be considered the parole authority.
(9) (A)  On and after July 1, 2013, the sole authority to issue warrants for the return to actual custody of any state prisoner released on parole rests with the court pursuant to Section 1203.2, except for any escaped state prisoner or any state prisoner released prior to the prisoner’s scheduled release date who should be returned to custody, and Section 5054.1 shall apply.
(B) Notwithstanding subparagraph (A), any warrant issued by the Board of Parole Hearings prior to July 1, 2013, shall remain in full force and effect until the warrant is served or it is recalled by the board. All prisoners on parole arrested pursuant to a warrant issued by the board shall be subject to a review by the board prior to the department filing a petition with the court to revoke the parole of the petitioner.
(10) It is the intent of the Legislature that efforts be made with respect to persons who are subject to Section 290.011 who are on parole to engage them in treatment.

SEC. 2.

 Section 3001 of the Penal Code is amended to read:

3001.
 (a) (1) (A) Notwithstanding any other provision of law, a person described in paragraph (2) of subdivision (b) of Section 3000 who was not imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, not imprisoned for a serious felony, as defined by subdivision (c) of Section 1192.7, or is not required to register as a sex offender pursuant to Section 290, who has been released on parole from the state prison, has been on parole continuously and has not committed any crimes new offenses for the initial 180 days since release from confinement, and has been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be immediately discharged from parole, unless that person has violated a condition of parole resulting in custodial sanctions. parole.
(B) Notwithstanding any other provision of law, a person described in paragraph (2) of subdivision (b) of Section 3000 who was not imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, not imprisoned for a serious felony, as defined by subdivision (c) of Section 1192.7, or is not required to register as a sex offender pursuant to Section 290, who has been released on parole from the state prison, has been compliant with the terms and conditions of parole, has been on parole continuously and has not committed any crimes new offenses for the initial 180 days since release from confinement, and who has not been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be discharged from parole within 30 days, unless the Department of Corrections and Rehabilitation determines, for good cause, that the person shall be retained. The department shall make a written record of its determination and the department shall transmit a copy of that record to the parolee.
(2) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who is required to register as a sex offender pursuant to the Sex Offender Registration Act has been released on parole from the state prison, and has been on parole continuously for one year since release from confinement, within 30 days, that person shall be discharged from parole, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person will be retained.
(3) (A) Notwithstanding any other provision of law, a person described in paragraph (2) of subdivision (b) of Section 3000 who was imprisoned for committing a serious felony described in either subdivision (c) of Section 1192.7 or subdivision (a) of Section 1192.8, has been released on parole from the state prison, has been compliant with the terms and conditions of parole, has been on parole continuously and not committed any crimes new offenses for the initial 180 days since release from confinement, and who has been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be immediately discharged from parole, unless the Department of Corrections and Rehabilitation determines, for good cause, that the person shall be retained. The department shall make a written record of its determination and the department shall transmit a copy of that record to the parolee.
(B) Notwithstanding any other provision of law, a person described in paragraph (2) of subdivision (b) of Section 3000 who was imprisoned for committing a serious felony, as defined by subdivision (c) of Section 1192.7 or subdivision (a) of Section 1192.8, who has been released on parole from the state prison, has been compliant with the terms and conditions of parole, has been on parole continuously and not committed any crimes new offenses for one year since release from confinement, and who has not been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be discharged from parole within 30 days, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person shall be retained. The board shall make a written record of its determination and the department shall transmit a copy of that record to the parolee.
(4) (A) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who was imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, has been released on parole from the state prison for a period not exceeding five years, has been on parole, parole continuously, has been compliant with any terms and conditions of parole, and has not committed any crimes new offenses during the initial the initial 180 days since release from confinement, and who has been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be immediately discharged from parole, unless the Department of Corrections and Rehabilitation determines, for good cause, that the person shall be retained. The department shall make a written record of its determination and the department shall transmit a copy of that record to the parolee.
(B) Notwithstanding any other provision of law, when any person referred to in paragraph (2) of subdivision (b) of Section 3000 who was imprisoned for committing a violent felony, as defined in subdivision (c) of Section 667.5, has been released on parole from the state prison for a period not exceeding three years and has been on parole continuously for one year two years since release from confinement during which they have been compliant with the terms and conditions of parole and have not committed any crimes, new offenses, or has been released on parole from the state prison for a period not exceeding five years and has been on parole continuously for two three years since release from confinement during which they have been compliant with the terms and conditions of parole and have not committed any crimes, new offenses, and who has not been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be discharged from parole within 30 days, unless the Department of Corrections and Rehabilitation recommends to the Board of Parole Hearings that the person be retained on parole and the board, for good cause, determines that the person shall be retained. The board shall make a written record of its determination and the department shall transmit a copy of that record to the parolee.
(b) Notwithstanding any other provision of law, when any person referred to in paragraph (1) of subdivision (b) of Section 3000, with the exception of persons described in paragraph (2) of subdivision (a) of Section 3000.1, has been released on parole from the state prison, and has been on parole continuously for three years since release from confinement, the board shall discharge, within 30 days, the person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and the department shall transmit a copy of that determination to the parolee.
(c) Notwithstanding any other provision of law, when any person referred to in paragraph (3) of subdivision (b) of Section 3000 has been released on parole from the state prison, and has been on parole continuously for six years and six months since release from confinement, the board shall discharge, within 30 days, the person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and the department shall transmit a copy thereof to the parolee.
(d) In the event of a retention on parole, the parolee shall be entitled to a review by the Board of Parole Hearings each year thereafter until the maximum statutory period of parole has expired.
(e) The amendments to this section made during the 1987–88 Regular Session of the Legislature shall only be applied prospectively and shall not extend the parole period for any person whose eligibility for discharge from parole was fixed as of the effective date of those amendments.
(f) The Department of Corrections and Rehabilitation shall, within 60 days from the date that the act adding this subdivision is effective, submit to the Board of Parole Hearings recommendations pursuant to paragraph (2) of subdivision (a) for any person described in that paragraph who has been released from state prison from October 1, 2010, to the effective date of this subdivision, and who has been on parole continuously for one year since their release from confinement. A person who meets the criteria in this subdivision who are not retained on parole by the Board of Parole Hearings by the 91st day after the effective date of this subdivision shall be discharged from parole.
(g) (1) For the purposes of this section, “good cause” exists when the Board of Parole Hearings or the Department of Corrections and Rehabilitation identifies one or more documented and verifiable behaviors, actions, or omissions by a person on parole that reasonably and persuasively suggest that the person poses an unacceptable risk for committing a serious or violent offense if presently discharged from parole.
(2) When good cause is found pursuant to this section, the department shall, within 60 days of that finding, draft and adopt a parole supervision plan to address the issues that gave rise to the good cause finding and provide the person on parole with the supports and interventions needed to reduce their future risk of offending. Those supports and interventions may include, but are not limited to, counseling and treatment, including medication-assisted therapies, for issues and disorders pertaining to mental health, substance misuse, or addictive behavior, programs or courses designed to advance literacy, vocational training, or education achievements, and services aimed at combating homelessness and achieving housing stability.
(h) The amendments made to subdivisions (a), (d), and (g) by the act that added this subdivision shall also apply retroactively to persons on parole on or before the date of the enactment of those amendments.

SEC. 3.Section 3456 of the Penal Code is amended to read:
3456.

(a)The county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall maintain postrelease supervision over a person under postrelease supervision pursuant to this title until one of the following events occurs:

(1)The person has been subject to postrelease supervision pursuant to this title for three years at which time the offender shall be immediately discharged from postrelease supervision.

(2)(A)Any person on postrelease supervision who has been on postrelease supervision and has not committed any crimes for the initial 180 days since release from confinement, and who has been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be immediately discharged by the supervising county unless that person has violated a condition of parole resulting in custodial sanctions.

(B)Any person on postrelease supervision who has been compliant with the terms and conditions of supervision, has been on supervision and has not committed any crimes for the initial 180 days since release from confinement, and who has not been scored as either a low or moderate risk by the department’s risk assessment tool at the time of release from prison, shall be discharged within 30 days by the supervising county unless the superior court of the county that maintains postrelease supervision over the person determines, for good cause, that the person shall be retained. The court shall make a written record of its determination and shall transmit a copy of that determination to the person on postrelease supervision.

(3)Jurisdiction over the person has been terminated by operation of law.

(4)Jurisdiction is transferred to another supervising county agency.

(5)Jurisdiction is terminated by the revocation hearing officer upon a petition to revoke and terminate supervision by the supervising county agency.

(b)Time during which a person on postrelease supervision is suspended because the person has absconded shall not be credited toward any period of postrelease supervision.

(c)(1)For the purposes of this section, “good cause” exists when the court identifies one or more documented and verifiable behaviors, actions, or omissions by a person on parole that reasonably and persuasively suggest that the person poses an unacceptable risk for committing a serious or violent offense if presently discharged from supervision.

(2)When good cause is found pursuant to this section, the court shall direct the county agency responsible for postrelease supervision, within 60 days of that finding, to draft and adopt a supervision plan to address the issues that gave rise to the good cause finding and provide the person on supervision with the supports and interventions needed to reduce their future risk of offending. Those supports and interventions may include, but are not limited to, counseling and treatment, including medication-assisted therapies, for issues and disorders pertaining to mental health, substance misuse, or addictive behavior, programs or courses designed to advance literacy, vocational training, or education achievements, and services aimed at combating homelessness and achieving housing stability.

(d)The amendments made to subdivisions (a) and (c) by the act that added this subdivision shall apply retroactively to persons on postrelease supervision on or before the date of the enactment of those amendments.

SEC. 3.

 Section 3456 of the Penal Code is amended to read:

3456.
 (a) The county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall maintain postrelease supervision over a person under postrelease supervision pursuant to this title until one of the following events occurs:
(1) The person has been subject to postrelease supervision pursuant to this title for three years at which time the offender shall be immediately discharged from postrelease supervision.
(2) Any person on postrelease supervision for six consecutive months with no violations of his or her the conditions of postrelease supervision that result in a custodial sanction may be shall be reviewed and considered for immediate discharge by the supervising county.
(3) The person who has been on postrelease supervision continuously for one year with no violations of his or her the conditions of postrelease supervision that result in a custodial sanction shall be discharged from supervision within 30 days.
(4) Jurisdiction over the person has been terminated by operation of law.
(5) Jurisdiction is transferred to another supervising county agency.
(6) Jurisdiction is terminated by the revocation hearing officer upon a petition to revoke and terminate supervision by the supervising county agency.
(b) Time during which a person on postrelease supervision is suspended because the person has absconded shall not be credited toward any period of postrelease supervision.

SEC. 4.

 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.