Parole Terms Effective January 1, 2008 for Non-Violent Offenses
Full Question:
How will the new parole terms effective January 1, 2008 affect the length of time a parolee will be on parole for non-violent offenses?
12/07/2007 |
Category: Criminal |
State: California |
#13512
Answer:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1 Section 3060.9 is added to the Penal Code, to read:
3060.9.
(a) The Department of Corrections and Rehabilitation is hereby
authorized to expand the use of parole programs or services to improve the
rehabilitation of parolees, reduce recidivism, reduce prison overcrowding,
and improve public safety through the following:
(1) The use of intermediate sanctions for offenders who commit a violation
of parole.
(2) The use of parole programs or services, in addition to supervision,
for any offender who is in need of services to reduce the parolee's
likelihood to reoffend.
(b) For purposes of this section, the expansion of parole programs or
services may include, but shall not be limited to, the following:
(1) Counseling.
(2) Electronic monitoring.
(3) Halfway house services.
(4) Home detention.
(5) Intensive supervision.
(6) Mandatory community service assignments.
(7) Increased drug testing.
(8) Participation in one or more components of the Preventing Parolee
Crime Program pursuant to Section 3068.
(9) Rehabilitation programs, such as substance abuse treatment.
(10) Restitution.
(c) As used in this section:
(1) "Department" means the Department of Corrections and Rehabilitation.
(2) "Parole authority" means the Board of Parole Hearings.
(d) The department or the parole authority may assign the programs or
services specified in subdivision (b) to offenders who meet the criteria of
paragraph (1) or (2). This section shall not alter the existing discretion of
the parole authority regarding the reporting by the department of parole
violations or conditions of parole. In exercising its authority pursuant to
paragraphs (2) and (3) of subdivision (e) and subdivision (f), the parole
authority or the department in exercising its authority pursuant to paragraph
(1) of subdivision (e) may determine an individual parolee's eligibility for
parole programs or services by considering the totality of the circumstances
including, but not limited to, the instant violation offense, the history of
parole adjustment, current commitment offense, the risk needs assessment of
the offender, and prior criminal history, with public safety and offender
accountability as primary considerations.
(e)
(1) Subject to the provisions of this section, the parole authority,
in the absence of a new conviction and commitment of the parolee to the state
prison under other provisions of law, may assign a parolee who violates a
condition of his or her parole to parole programs or services in lieu of
revocation of parole.
(2) In addition to the alternatives provided in this section, the parole
authority may, as an alternative to ordering a revoked parolee returned to
custody, suspend the period of revocation pending the parolee's successful
completion of parole programs or services assigned by the parole authority.
(3) The department shall not establish a special condition of parole,
assigning a parolee to parole programs or services in lieu of initiating
revocation proceedings, if the department reasonably believes that the
violation of the condition of parole involves commission of a serious felony,
as defined in subdivision (c) of Section 1192.7, or a violent felony, as
defined in subdivision (c) of Section 667.5, or involves the control or use
of a firearm.
(f) A special condition of parole imposed pursuant to this section to
participate in residential programs shall not be established without a
hearing by the parole authority in accordance with Section 3068 and
regulations of the parole authority. A special condition of parole providing
an assignment to a parole program or service that does not consist of a
residential component may be established without a hearing.
(g) Expansion of parole programs or services pursuant to this section by
the department is subject to the appropriation of funding for this purpose as
provided in the Budget Act of 2007, and subsequent budget acts.
(h) The department, in consultation with the Legislative Analyst's Office,
shall, contingent upon funding, conduct an evaluation regarding the effect of
parole programs or services on public safety, parolee recidivism, and prison
and parole costs and report the results to the Legislature three years after
funding is provided pursuant to subdivision (g). Until that date, the
department shall report annually to the Legislature, beginning January 1,
2009, regarding the status of the expansion of parole programs or services
and the number of offenders assigned and participating in parole programs or
services in the preceding fiscal year.
SEC. 2 Section 3069 is added to the Penal Code, to read:
3069.
(a) The Department of Corrections and Rehabilitation is hereby
authorized to create the Parole Violation Intermediate Sanctions (PVIS)
program. The purpose of the program shall be to improve the rehabilitation of
parolees, reduce recidivism, reduce prison overcrowding, and improve public
safety through the use of intermediate sanctions for offenders who violate
parole. The PVIS program will allow the department to provide parole agents
an early opportunity to intervene with parolees who are not in compliance
with the conditions of parole and facing return to prison. The program will
include key components used by drug and collaborative courts under a highly
structured model, including close supervision and monitoring by a hearing
officer, dedicated calendars, nonadversarial proceedings, frequent
appearances before the hearing officer, utilization of incentives and
sanctions, frequent drug and alcohol testing, immediate entry into treatment
and rehabilitation programs, and close collaboration between the program,
parole, and treatment to improve offender outcomes. The program shall be
local and community based.
(b) As used in this section:
(1) "Department" means the Department of Corrections and Rehabilitation.
(2) "Parole authority" means the Board of Parole Hearings.
(3) "Program" means the Parole Violation Intermediate Sanctions program.
(c)
(1) A parolee who is deemed eligible by the department to participate
in this program, and who would otherwise be referred to the parole authority
to have his or her parole revoked for a parole violation shall be referred by
his or her parole officer for participation in the program in lieu of parole
revocation.
(2) If the alleged violation of parole involves the commission of a
serious felony, as defined in subdivision (c) of Section 1192.7, or a violent
felony, as defined in subdivision (c) of Section 667.5, or involves the
control or use of a firearm, the parolee shall not be eligible for referral
to the program in lieu of revocation of parole.
(d) The department is authorized to establish local PVIS programs. Each
local program may have, but shall not be limited to, the following
characteristics:
(1) An assigned hearing officer who is a retired superior court judge or
commissioner and who is experienced in using the drug court model and
collaborative court model.
(2) The use of a dedicated calendar.
(3) Close coordination between the hearing officer, department, counsel,
community treatment and rehabilitation programs participating in the program
and adherence to a team approach in working with parolees.
(4) Enhanced accountability through the use of frequent program
appearances by parolees in the program, at least one per month, with more
frequent appearances in the time period immediately following the initial
referral to the program and thereafter in the discretion of the hearing
officer.
(5) Reviews of progress by the parolee as to his or her treatment and
rehabilitation plan and abstinence from the use of drugs and alcohol through
progress reports provided by the parole agent as well as all treatment and
rehabilitation providers.
(6) Mandatory frequent drug and alcohol testing.
(7) Graduated in-custody sanctions may be imposed after a hearing in which
it is found the parolee failed treatment and rehabilitation programs or
continued in the use of drugs or alcohol while in the program.
(8) A problemsolving focus and team approach to decisionmaking.
(9) Direct interaction between the parolee and the hearing officer.
(10) Accessibility of the hearing officer to parole agents and parole
employees as well as treatment and rehabilitation providers.
(e) Upon successful completion of the program, the parolee shall continue
on parole, or be granted other relief as shall be determined in the sole
discretion of the department or as authorized by law.
(f) The department is authorized to develop the programs. The parole
authority is directed to convene in each county where the programs are
selected to be established, all local stakeholders, including, but not
limited to, a retired superior court judge or commissioner, designated by the
Administrative Office of the Courts, who shall be compensated by the
department at the present rate of pay for retired judges and commissioners,
local parole agents and other parole employees, the district attorney, the
public defender, an attorney actively representing parolees in the county and
a private defense attorney designated by the public defenders association,
the county director of alcohol and drug services, behavioral health, mental
health, and any other local stakeholders deemed appropriate. Specifically,
persons directly involved in the areas of substance abuse treatment,
cognitive skills development, education, life skills, vocational training and
support, victim impact awareness, anger management, family reunification,
counseling, residential care, placement in affordable housing, employment
development and placement are encouraged to be included in the meeting.
(g) The department, in consultation with local stakeholders, shall develop
a plan that is consistent with this section. The plan shall address at a
minimum the following components:
(1) The method by which each parolee eligible for the program shall be
referred to the program.
(2) The method by which each parolee is to be individually assessed as to
his or her treatment and rehabilitative needs and level of community and
court monitoring required, participation of counsel, and the development of a
treatment and rehabilitation plan for each parolee.
(3) The specific treatment and rehabilitation programs that will be made
available to the parolees and the process to ensure that they receive the
appropriate level of treatment and rehabilitative services.
(4) The criteria for continuing participation in, and successful
completion of, the program, as well as the criteria for termination from the
program and return to the parole revocation process.
(5) The development of a program team, as well as a plan for ongoing
training in utilizing the drug court and collaborative court nonadversarial
model.
(h)
(1) If a parolee is referred to the program by his or her parole
agent, as specified in this section, the hearing officer in charge of the
local program to which the parolee is referred shall determine whether the
parolee will be admitted to the program.
(2) A parolee may be excluded from admission to the program if the hearing
officer determines that the parolee poses a risk to the community or would
not benefit from the program. The hearing officer may consider the history of
the offender, the nature of the committing offense, and the nature of the
violation. The hearing officer shall state its findings, and the reasons for
those findings, on the record.
(3) If the hearing officer agrees to admit the parolee into the program,
any pending parole revocation proceedings shall be suspended contingent upon
successful completion of the program as determined by the program hearing
officer.
(i) A special condition of parole imposed as a condition of admission into
the program consisting of a residential program shall not be established
without a hearing in front of the hearing officer in accordance with Section
3068 and regulations of the parole authority. A special condition of parole
providing an admission to the program that does not consist of a residential
component may be established without a hearing.
(j) Implementation of this section by the department is subject to the
appropriation of funding for this purpose as provided in the Budget Act of
2008, and subsequent budget acts.
SEC. 3 Section 3069.5 is added to the Penal Code, to read:
3069.5.
(a) The department, in consultation with the Legislative Analyst's
Office, shall, contingent upon funding, conduct an evaluation of the PVIS
program.
(b) A final report shall be due to the Legislature three years after
funding is provided pursuant to subdivision (h) of Section 3069. Until that
date, the department shall report annually to the Legislature, beginning
January 1, 2009, regarding the status of implementation of the PVIS program
and the number of offenders assigned and participating in the program in the
preceding fiscal year.
October 13, 2007 — Chaptered