Parole.

(1) Existing law requires that all persons released from prison on and after October 1, 2011, after serving a prison term for a felony, be subject to postrelease community supervision provided by a county agency for a period of 3 years immediately following release, except for persons released after serving a term for a serious felony, a violent felony, an offense for which the person was sentenced pursuant to the three strikes law, a crime where the person is classified as a high risk sex offender, or a crime where the person is required to undergo treatment by the State Department of State Hospitals because the person has a severe mental disorder. Existing law requires these persons to be subject to parole supervision by the Department of Corrections and Rehabilitation following release from state prison. This bill would require all offenders released from prison on and after January 1, 2014, to be subject to parole supervision by the Department of Corrections and Rehabilitation and the Board of Parole Hearings for a minimum period of 3 years. The bill would require the board to have exclusive jurisdiction over the supervision and revocation of parole of all inmates upon their release from prison. For crimes committed on or after January 1, 2014, the bill would set the period of parole not to exceed 5 years and not less than 3 years in the case of an inmate imprisoned for any offense other than first or 2nd degree murder for which the inmate has received a life sentence, and would set a parole period not to exceed 4 years and not less than 3 years in the case of any other inmate. The bill would prohibit a person from being discharged from parole without first completing 12 consecutive months of supervision without a parole violation or arrest on new criminal charges, and would provide that no person may be discharged from parole while incarcerated or if his or her whereabouts are unknown. The bill would make the provisions on postrelease supervision applicable only to persons released from prison prior to January 1, 2014. The bill would make conforming changes. The bill would require the Department of Corrections and Rehabilitation to develop a minimum of 3 parole violator adjustment and rehabilitation facilities. The bill would require that parolees who violate the conditions of parole shall be sentenced to up to one year in a facility. For violations that are drug related, but do not involve an offense that could be charged as a violent or serious crime or that would require registration as a sex offender, the bill would require the violation to be served in a facility for at least 6 months. All other parole violations would result in the parolee serving the rest of his or her term in the facility on revoked status. The bill would require a treatment and programming plan to be developed for each parole violator. (2) Existing law, the Victims' Bill of Rights Act of 2008: Marsy's Law, as added by Proposition 9 at the November 4, 2008, statewide general election, provides that the Board of Parole Hearings or its successor in interest shall be the state's parole authority and shall be responsible for protecting victims' rights in the parole process. Existing law requires the board to enjoy sufficient autonomy to conduct unbiased hearings and maintain an independent legal and administrative staff. Proposition 9 provides that the Legislature may amend its provisions by a majority vote to expand the scope of their application, to recognize additional rights of victims of crime, or to further the rights of victims of crime. This bill would also require the board to enjoy sufficient autonomy to protect the rights of crime victims.