Crimes: supervised release.
Summary
(1) Existing law requires the Department of Corrections and Rehabilitation to provide specified information to local law enforcement agencies regarding an inmate released by the department to the agency's jurisdiction on parole or postrelease community supervision, including a record of the offense for which the inmate was convicted that resulted in parole or postrelease community supervision. 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. (2) Existing law requires the department to be the agency primarily responsible for the Law Enforcement Automated Data System and requires county agencies supervising inmates released from prison on postrelease community supervision to provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. 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. (3) Existing law provides the procedure by which the Board of Parole Hearings considers an indeterminately sentenced inmate's suitability for parole and generally requires a panel of the board, or the board, sitting en banc, to grant parole on the inmate's minimum eligible parole date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration. 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. (4) Existing law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate. 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. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program. (5) Existing law allows each county agency responsible for postrelease supervision to determine appropriate responses to alleged violations, which can include a one to 10 consecutive day period of flash incarceration. This bill would require the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program. (6) This bill would incorporate additional changes to Section 3003 of the Penal Code proposed by AB 335 to be operative only if this bill and AB 335 are enacted and this bill is enacted last. (7) This bill would incorporate additional changes to Section 3041 of the Penal Code proposed by AB 1448 to be operative only if this bill and AB 1448 are enacted and this bill is enacted last. (8) 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 no reimbursement is required by this act for a specified reason.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2017
Committee Review
Sep 2017
Assembly Passage
May 2017
Senate Passage
Sep 2017
Vetoed
Jan 2018
Introduced Feb 17, 2017
Vetoed Jan 3, 2018
Floor votes · Senate Sep 13, 2017 · Assembly May 31, 2017
How they voted
31–0
Passed · 1 other
Total votes 32
Sep 13, 2017
D
Democratic22
95% Yea
R
Republican10
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
33
Key actions
9
Committee
12
Amendments
5
Jan 3, 2018
Vetoed
Consideration of Governor's veto pending.
lower
Oct 15, 2017
Vetoed
Vetoed by Governor.
lower
Sep 13, 2017
Senate · Passed
Senate Vote: pass (31-0-1)
senate
Sep 13, 2017
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3319.).
lower
Sep 13, 2017
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77.
lower
Sep 6, 2017
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Sep 1, 2017
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (September 1).
upper
Jul 17, 2017
Committee
In committee: Referred to APPR. suspense file.
upper
Jun 27, 2017
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 27). Re-referred to Com. on APPR.
upper
Jun 8, 2017
Committee
Referred to Com. on PUB. S.
upper
May 31, 2017
Assembly · Passed
Assembly Vote: pass (62-0-8)
assembly
May 26, 2017
Lower · Passed
From committee: Do pass. (Ayes 16. Noes 0.) (May 26).
lower
May 3, 2017
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 17, 2017
Committee
Re-referred to Com. on APPR.
lower
Apr 5, 2017
Lower · Passed
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 28).
lower
Mar 23, 2017
Committee
Re-referred to Com. on PUB. S.
lower
Mar 22, 2017
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 7, 2017
Committee
Re-referred to Com. on PUB. S.
lower
Mar 6, 2017
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 6, 2017
Committee
Referred to Com. on PUB. S.
lower
Feb 19, 2017
Lower · Passed
From printer. May be heard in committee March 21.
lower
0 primary · 4 co-sponsors
Sponsors
No sponsor information available.
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