PENAL CODE
SECTION 3450-3465
3450. (a) This act shall be known and may be cited as the
Postrelease Community Supervision Act of 2011.
(b) The Legislature finds and declares all of the following:
(1) The Legislature reaffirms its commitment to reducing
recidivism among criminal offenders.
(2) Despite the dramatic increase in corrections spending over the
past two decades, national reincarceration rates for people released
from prison remain unchanged or have worsened. National data show
that about 40 percent of released individuals are reincarcerated
within three years. In California, the recidivism rate for persons
who have served time in prison is even greater than the national
average.
(3) Criminal justice policies that rely on the reincarceration of
parolees for technical violations do not result in improved public
safety.
(4) California must reinvest its criminal justice resources to
support community corrections programs and evidence-based practices
that will achieve improved public safety returns on this state's
substantial investment in its criminal justice system.
(5) Realigning the postrelease supervision of certain felons
reentering the community after serving a prison term to local
community corrections programs, which are strengthened through
community-based punishment, evidence-based practices, and improved
supervision strategies, will improve public safety outcomes among
adult felon parolees and will facilitate their successful
reintegration back into society.
(6) Community corrections programs require a partnership between
local public safety entities and the county to provide and expand the
use of community-based punishment for offenders paroled from state
prison. Each county's local Community Corrections Partnership, as
established in paragraph (2) of subdivision (b) of Section 1230,
should play a critical role in developing programs and ensuring
appropriate outcomes for persons subject to postrelease community
supervision.
(7) Fiscal policy and correctional practices should align to
promote a justice reinvestment strategy that fits each county.
"Justice reinvestment" is a data-driven approach to reduce
corrections and related criminal justice spending and reinvest
savings in strategies designed to increase public safety. The purpose
of justice reinvestment is to manage and allocate criminal justice
populations more cost effectively, generating savings that can be
reinvested in evidence-based strategies that increase public safety
while holding offenders accountable.
(8) "Community-based punishment" means evidence-based correctional
sanctions and programming encompassing a range of custodial and
noncustodial responses to criminal or noncompliant offender activity.
Intermediate sanctions may be provided by local public safety
entities directly or through public or private correctional service
providers and include, but are not limited to, the following:
(A) Short-term "flash" incarceration in jail for a period of not
more than 10 days.
(B) Intensive community supervision.
(C) Home detention with electronic monitoring or GPS monitoring.
(D) Mandatory community service.
(E) Restorative justice programs, such as mandatory victim
restitution and victim-offender reconciliation.
(F) Work, training, or education in a furlough program pursuant to
Section 1208.
(G) Work, in lieu of confinement, in a work release program
pursuant to Section 4024.2.
(H) Day reporting.
(I) Mandatory residential or nonresidential substance abuse
treatment programs.
(J) Mandatory random drug testing.
(K) Mother-infant care programs.
(L) Community-based residential programs offering structure,
supervision, drug treatment, alcohol treatment, literacy programming,
employment counseling, psychological counseling, mental health
treatment, or any combination of these and other interventions.
(9) "Evidence-based practices" refers to supervision policies,
procedures, programs, and practices demonstrated by scientific
research to reduce recidivism among individuals under probation,
parole, or postrelease supervision.
3451. (a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b), all
persons released from prison on and after October 1, 2011, or, whose
sentence has been deemed served pursuant to Section 2900.5 after
serving a prison term for a felony shall, upon release from prison
and for a period not exceeding three years immediately following
release, be subject to community supervision provided by a county
agency designated by each county's board of supervisors which is
consistent with evidence-based practices, including, but not limited
to, supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals under postrelease supervision.
(b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:
(1) A serious felony described in subdivision (c) of Section
1192.7.
(2) A violent felony 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.
(c) (1) Postrelease supervision under this title shall be
implemented by a county agency according to a postrelease strategy
designated by each county's board of supervisors.
(2) The Department of Corrections and Rehabilitation shall inform
every prisoner subject to the provisions of this title, upon release
from state prison, of the requirements of this title and of his or
her responsibility to report to the county agency responsible for
serving that inmate. The department shall also inform persons serving
a term of parole for a felony offense who are subject to this
section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.
3452. (a) Persons eligible for postrelease community supervision
pursuant to this title shall enter into a postrelease community
supervision agreement prior to, and as a condition of, their release
from prison. Persons on parole transferred to postrelease community
supervision shall enter into a postrelease community supervision
agreement as a condition of their release from state prison.
(b) A postrelease community supervision agreement shall specify
the following:
(1) The person's release date and the maximum period the person
may be subject to postrelease supervision under this title.
(2) The name, address, and telephone number of the county agency
responsible for the person's postrelease supervision.
(3) An advisement that if a person breaks the law or violates the
conditions of release, he or she can be incarcerated in a county jail
regardless of whether or not new charges are filed.
3453. A postrelease community supervision agreement shall include
the following conditions:
(a) The person shall sign and agree to the conditions of release.
(b) The person shall obey all laws.
(c) The person shall report to the supervising county agency
within two working days of release from custody.
(d) The person shall follow the directives and instructions of the
supervising county agency.
(e) The person shall report to the supervising county agency as
directed by that agency.
(f) The person, and his or her residence and possessions, shall be
subject to search at any time of the day or night, with or without a
warrant, by an agent of the supervising county agency or by a peace
officer.
(g) The person shall waive extradition if found outside the state.
(h) The person shall inform the supervising county agency of the
person's place of residence, employment, education, or training.
(i) (1) The person shall inform the supervising county agency of
any pending or anticipated changes in residence, employment,
education, or training.
(2) If the person enters into new employment, he or she shall
inform the supervising county agency of the new employment within
three business days of that entry.
(j) The person shall immediately inform the supervising county
agency if he or she is arrested or receives a citation.
(k) The person shall obtain the permission of the supervising
county agency to travel more than 50 miles from the person's place of
residence.
(l) The person shall obtain a travel pass from the supervising
county agency before he or she may leave the county or state for more
than two days.
(m) The person shall not be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or ammunition.
(n) The person shall not possess, use, or have access to any
weapon listed in Section 12020, 16140, subdivision (c) of Section
16170, Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
of Section 16460, Section 16470, subdivision (f) of Section 16520, or
Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090,
17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330, 17350,
17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735,
17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410, 20510, 20611,
20710, 20910, 21110, 21310, 21810, 22010, 22015, 22210, 22215,
22410, 32430, 24310, 24410, 24510, 24610, 24680, 24710, 30210, 30215,
31500, 32310, 32400, 32405, 32410, 32415, 32420, 32425, 32435,
32440, 32445, 32450, 32900, 33215, 33220, 33225, or 33600.
(o) (1) Except as provided in paragraph (2) and subdivision (p),
the person shall not possess a knife with a blade longer than two
inches.
(2) The person may possess a kitchen knife with a blade longer
than two inches if the knife is used and kept only in the kitchen of
the person's residence.
(p) The person may use a knife with a blade longer than two
inches, if the use is required for that person's employment, the use
has been approved in a document issued by the supervising county
agency, and the person possesses the document of approval at all
times and makes it available for inspection.
(q) The person agrees to waive any right to a court hearing prior
to the imposition of a period of "flash incarceration" in a county
jail of not more than 10 consecutive days for any violation of his or
her postrelease supervision conditions.
(r) The person agrees to participate in rehabilitation programming
as recommended by the supervising county agency.
(s) The person agrees that he or she may be subject to arrest with
or without a warrant by a peace officer employed by the supervising
county agency or, at the direction of the supervising county agency,
by any peace officer when there is probable cause to believe the
person has violated the terms and conditions of his or her release.
3454. (a) Each supervising county agency, as established by the
county board of supervisors pursuant to subdivision (a) of Section
3451, shall establish a review process for assessing and refining a
person's program of postrelease supervision. Any additional
postrelease supervision conditions shall be reasonably related to the
underlying offense for which the offender spent time in prison, or
to the offender's risk of recidivism, and the offender's criminal
history, and be otherwise consistent with law.
(b) Each county agency responsible for postrelease supervision, as
established by the county board of supervisors pursuant to
subdivision (a) of Section 3451, may determine additional appropriate
conditions of supervision listed in Section 3453 consistent with
public safety, including the use of continuous electronic monitoring
as defined in Section 1210.7, order the provision of appropriate
rehabilitation and treatment services, determine appropriate
incentives, and determine and order appropriate responses to alleged
violations, which can include, but shall not be limited to,
immediate, structured, and intermediate sanctions up to and including
referral to a reentry court pursuant to Section 3015, or flash
incarceration in a county jail. Periods of flash incarceration are
encouraged as one method of punishment for violations of an offender'
s condition of postrelease supervision.
(c) "Flash incarceration" is a period of detention in county jail
due to a violation of an offender's conditions of postrelease
supervision. 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.
Shorter, but if necessary more frequent, periods of detention for
violations of an offender's postrelease supervision conditions shall
appropriately punish an offender while preventing the disruption in a
work or home establishment that typically arises from longer term
revocations.
3455. (a) If the supervising county agency has determined,
following application of its assessment processes, that intermediate
sanctions as authorized in subdivision (b) of Section 3454 are not
appropriate, the supervising county agency shall petition the
revocation hearing officer appointed pursuant to Section 71622.5 of
the Government Code to revoke and terminate postrelease supervision.
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 supervision, waive a court
hearing, and accept the proposed modification of his or her
postrelease supervision. The petition shall include a written report
that contains additional information regarding the petition,
including the relevant terms and conditions of postrelease
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
supervision, the revocation hearing officer shall have authority to
do all of the following:
(1) Return the person to postrelease supervision with
modifications of conditions, if appropriate, including a period of
incarceration in county jail.
(2) Revoke postrelease supervision and order the person to
confinement in the county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(4) At any time during the period of postrelease supervision, if
any peace officer has probable cause to believe a person subject to
postrelease community supervision is violating any term or condition
of his or her release, the officer may, without a warrant or other
process, arrest the person and bring him or her before the
supervising county agency established by the county board of
supervisors pursuant to subdivision (a) of Section 3451.
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 71622.5 of the Government Code shall
have the authority to issue a warrant for that person's arrest.
(5) The court or its designated hearing officer shall have the
authority to issue a warrant for any person who is the subject of a
petition filed under this section who has failed to appear for a
hearing on the petition or for any reason in the interests of
justice, or to remand to custody a person who does appear at a
hearing on the petition for any reason in the interests of justice.
(b) The revocation hearing shall be held within a reasonable time
after the filing of the revocation petition. Based upon a showing of
a preponderance of the evidence that a person under supervision poses
an unreasonable risk to public safety, or 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 a revocation hearing, and upon that determination, may order
the person confined pending a revocation hearing.
(c) Confinement pursuant to paragraphs (1) and (2) of subdivision
(a) shall not exceed a period of 180 days in the county jail.
(d) A person shall not remain under supervision or in custody
pursuant to this title on or after three years from the date of the
person's initial entry onto postrelease supervision, except when a
bench or arrest warrant has been issued by a court or its designated
hearing officer and the person has not appeared. During the time the
warrant is outstanding the supervision period shall be tolled and
when the person appears before the court or its designated hearing
officer the supervision period may be extended for a period
equivalent to the time tolled.
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 conditions of postrelease
supervision that result in a custodial sanction may be 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 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.
3457. The Department of Corrections and Rehabilitation shall have
no jurisdiction over any person who is under postrelease community
supervision pursuant to this title.
3458. No person subject to this title shall be returned to prison
for a violation of any condition of the person's postrelease
supervision agreement.
3460. (a) Whenever a supervising agency determines that a person
subject to postrelease supervision pursuant to this chapter no longer
permanently resides within its jurisdiction, and a change in
residence was either approved by the supervising agency or did not
violate the terms and conditions of postrelease supervision, the
supervising agency shall transmit, within two weeks, any information
the agency received from the Department of Corrections and
Rehabilitation prior to the release of the person in that
jurisdiction to the designated supervising agency in the county in
which the person permanently resides.
(b) Upon verification of permanent residency, the receiving
supervising agency shall accept jurisdiction and supervision of the
person on postrelease supervision.
(c) For purposes of this section, residence means the place where
the person customarily lives exclusive of employment, school, or
other special or temporary purpose. A person may have only one
residence.
(d) No supervising agency shall be required to transfer
jurisdiction to another county unless the person demonstrates an
ability to establish permanent residency within another county
without violating the terms and conditions of postrelease
supervision.
3465. Every person placed on postrelease community supervision, and
his or her residence and possessions, shall be subject to search or
seizure at any time of the day or night, with or without a warrant,
by an agent of the supervising county agency or by a peace officer.
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