Смотреть (1408) (2017) в Full HD качестве ОНЛАЙН

Дата: 10.02.2018

(1408) (2017)

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. 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. 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.

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.

This bill would require the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Section 3003 of the Penal Code is amended to read: 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: Post office box numbers are not acceptable for purposes of this subparagraph.

The information obtained from each source shall be based on the same timeframe. The transfer of this information shall be continually available to local law enforcement agencies upon request.

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. 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.

County agencies supervising inmates released to postrelease community supervision pursuant to Title 2. 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.

The data required by this subdivision shall be provided via electronic transfer. Section 3041 of the Penal Code is amended to read: 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.

No more than one member of the panel shall be a deputy commissioner. 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. 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.

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. 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.

In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing. 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. 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. An en banc review shall be conducted in compliance with the following: 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. 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.

Section 3454 of the Penal Code is amended to read: 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. Section 3455 of the Penal Code is amended to read: 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: 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.

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.

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. 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.

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 XIII B of the California Constitution.