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CC SR 20170620 I - Support of AB 1408RANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 06/20/2017 AGENDA HEADING: Consent Calendar Consideration and possible action to support Assembly Bill No. 1408 regarding managing the population of ex -offenders who are subject to post -release community supervision. RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign a letter to Assemblymember Calderon in support of Assembly Bill No. 1408 (AB 1408) regarding reforms associated with managing the population of ex -offenders who are subject to post -release community supervision. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Jacqueline Ruiz, Administrative Analyst" REVIEWED BY: Gabriella Yap, Deputy City Manager. APPROVED BY: Doug Willmore, City Manager Q,� ATTACHED SUPPORTING DOCUMENTS: �''"a �' A. Draft letter in support of AB 1408 (page A-1) B. League of California Cities "Action Alert" and letter in support of AB 1408 (page B-1) C. AB 1408 (page C-1) BACKGROUND AND DISCUSSION: On May 31, 2017, the League of California Cities (League) advised Staff that Assembly Bill No. 1408 (AB 1408) was eligible for floor vote. As currently proposed, AB 1408 would address the increasing threat that California communities face as a result of multiple criminal justice reform measures geared toward decriminalization and reduced penalties for illegal activity. AB 1408 imposes the following changes to address the deficiencies: Increase offender data in regard to the record of supervisions that the Department of Corrections must share with local law enforcement for offenders under post -release supervision; 1 • Mandates the state Parole Board to take an offender's entire criminal history into consideration in weighing whether to grant parole and not just the recent commitment offense; and, • Requires modification/revocation of community supervision for offenders who have already violated the terms of post -release community supervision three times, and prohibits lesser interim sanctions. The League supports AB 1408 and has urged cities to express their support as well. A noticeable uptick in theft crimes has impacted California cities due to Assembly Bill 109 (AB 109), Proposition 47 (Prop 47) and Proposition 57 (Prop 57). In February 2017, a violent incident occurred in the City of Whittier that involved offenders on post - release community supervision, which resulted in the death of a police officer and the wounding of another police officer. This violent incident highlighted the deficiencies in the current law, including inadequate guidance in responding to those individuals who are multiple violators of the terms of their supervision once released, rules that prevent the Parole Board from considering an inmate's entire criminal history in determining whether to grant parole, and a system that fails to share with local law enforcement pertinent information regarding an inmate's record of supervision while under the jurisdiction of the Parole Board. AB 1408 addresses these deficiencies by imposing changes in regard to the volume and quality of data available to local law enforcement, require that the state Parole Board consider the individual's entire criminal history to account for recidivism, and prohibit the use of intermediate sanctions. The City has experienced an increase in theft and property crimes as a result of AB 109, Prop 47 and Prop 57. In anticipation of this, all of the cities of the Palos Verdes Peninsula have expended significant resources to implement crime prevention programs and technology to protect our residents. AB 1408 addresses significant changes in the management of ex -offenders subject to post -release community supervision and will ultimately contribute towards the public safety of the Peninsula cities. Staff has prepared a letter in support of the bill for the Mayor's signature (Attachment A). If approved, Staff will immediately transmit this letter to Assemblymember Calderon and the League. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council's consideration: Do not authorize the Mayor to sign the letter in support of AB 1408. 2 June 20, 2017 The Honorable Ian Calderon California State Assembly, 5711 District Via FAX: (916) 319-2157 State Capitol Building, Room 319 Sacramento, CA 95814 SUBJECT: AB 1408 (Calderon). Crimes: Supervised Release Notice of Support Dear Assembly Member Calderon: On behalf of the City of Rancho Palos Verdes, I am pleased to announce our support for Assembly Bill 1408. This measure provides a range of important reforms associated with managing the population of ex -offenders who are subject to post -release community supervision, and does so in a manner that can be expected to enhance public safety in our communities. AB 1408 expands the volume and quality of data available to local law enforcement agencies by mandating the California Department of Corrections and Rehabilitation to provide local law enforcement agencies with copies of an inmate's record of supervision during any period of parole. The measure also specifies that during deliberations about whether to grant an inmate parole, the State Parole Board shall consider the individuals' entire criminal history, including all past convicted offenses when making such determination. This is a critical component as it ends the current policy of considering only the offender's most recent commitment offense. This component also follows other practices related to developing a realistic assessment of an individuals' actual risk of recidivism. Additionally, the measure prohibits the use of intermediate sanctions such as flash incarceration for ex -offenders on post -release community supervision (PRCS) who have violated the terms of their release for a third time. Specifically, in the case of such repeat offenders, the supervising agency must modify or revoke PRCS. Lastly, this measure requires notice to the court, sheriff, district attorney and public defender of the local probation department employs flash incarceration, and authorizes a peace officer, including a probation officer to arrest an individual on PRCS if he or she has failed to appear at a hearing on a motion to modify or revoke such supervision. The City of Rancho Palos Verdes has experienced an increase in theft and property crimes as a result of AB 109, Prop 47 and Prop 57. In anticipation of this, Rancho Palos Verdes and the other cities of the Palos Verdes Peninsula have expended significant resources to implement crime prevention programs and technology to protect residents. AB 1408 will ultimately contribute towards the public safety of the Palos Verdes Peninsula cities. A-1 Ian Calderon June 20, 2017 Page 2 For these reasons, the City of Rancho Palos Verdes strongly supports this legislation as codifying badly needed steps to enhance public safety in light of recent statewide criminal justice reforms. Sincerely, Brian Campbell Mayor cc: Rancho Palos Verdes City Council Senator Ben Allen, 2611 State Senate District Al Muratsuchi, 66th State Assembly District Jeff Kiernan, League Regional Public Affairs Manager Meg Desmond, League of California Cities Doug Willmore, City Manager Gabriella Yap, Deputy City Manager A-2 League Supports Legislation to Crack Down on Ex -Offenders Who Violate Terms of Post Release Community Supervision AB 1408 Eligible for Floor Vote this Week May 31, 2017 The League of California Cities® announced its support for AB 1408 (Calderon), which will tighten up the rules in dealing with wayward ex -offenders on post - release community supervision. This legislation is a direct response to the increasing threat that California communities face as a result of multiple criminal justice reform measures geared toward decriminalization and reduced penalties for illegal activity. Increased and sustained theft crimes have long been a reality in the wake of 2011's AB 109, 2014's Proposition 47, which changed a host of felony offenses to misdemeanors, and Prop. 57 from just last year, which altered the rules on charging juveniles as adults and ushered in other changes related to earning time off a sentence in state prison. In February 2017, a violent incident in Whittier involving offenders on post -release community supervision (PRCS), which resulted in the death of a police officer and the wounding of another, revealed deficiencies in how such offenders are monitored, tracked and disciplined. The Whittier officers were involved in a shooting with ex -offenders, at least one of whom had previously violated the terms of his PRCS three times. Among the deficiencies in current law that contributed to the Whittier tragedy are inadequate guidance in responding to those who are multiple violators of the terms of their supervision once released, rules that prevent the Parole Board from considering an inmate's entire criminal history in determining whether to grant parole, and a system that fails to share with local law enforcement pertinent information regarding an inmate's record of supervision while under the jurisdiction of the Parole Board. AB 1408 addresses those deficiencies by imposing the following changes: • Increases offender data in regard to the record of supervision that the Department of Corrections must share with local law enforcement for offenders under post -release community supervision; • Mandates the state Parole Board to take an offender's entire criminal history into consideration in weighing whether to grant parole — not just his or her most recent commitment offense; and • Requires modification/revocation of community supervision for offenders who have already violated the terms of post -release community supervision three times, and prohibits lesser interim sanctions. The League is pleased to support this measure, which has enjoyed strong bipartisan support in its path through the Legislature and is eligible for a vote on the Assembly Floor this week. Next Step Cities are urged to call their assembly members immediately to voice their support for this measure. A sample letter, along with the League's support letter is available at www.cacities.org/biIIsearch by plugging AB 1408 into the search function. © 2017 League of California Cities ShareThis Copy and Paste M tEA�GUE" OF CALCITIES May 30, 2017 The Honorable Ian Calderon California State Assembly State Capitol, Room 319 Sacramento, CA 95814 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org RE: AB 1408 (Calderon). Crimes. Supervised Release. (As Amended April 6, 2017) Notice of Support Dear Assembly Member Calderon: On behalf of the League of California Cities, I am pleased to inform you of our support for Assembly Bill 1408. This measure provides a range of important reforms associated with managing the population of ex - offenders who are subject to post -release community supervision, and does so in a manner that can be expected to enhance public safety in our communities. First, it expands the volume and quality of data available to local law enforcement by mandating the California Department of Corrections and Rehabilitation to provide locals with copies of an inmate's record of supervision during any period of parole. Second, it specifies that during its deliberations about whether to grant an inmate parole, the state Parole Board shall consider the individual's entire criminal history, including all past convicted offenses, in making that determination. This is a critical provision in that it ends the current policy of considering only the offender's most recent commitment offense. It also follows other practices related to developing a realistic assessment of an individual's actual risk of recidivism. Third, AB 1408 prohibits the use of intermediate sanctions such as flash incarceration for ex -offenders on post -release community supervision (PROS) who have violated the terms of their release for a third time. This measure specifies that in the case of such repeat offenders, the supervising agency must modify or revoke PRCS. Finally, this measure requires notice to the court, sheriff, district attorney and public defender if the local probation department employs flash incarceration, and authorizes a peace officer, including a probation officer to arrest an individual on PRCS if he or she has failed to appear at a hearing on a motion to modify or revoke such supervision. For these reasons, the League of California Cities strongly supports this legislation as codifying badly need steps to enhance public safety in light of recent statewide criminal justice reforms. Should you have any questions regarding the League's position on this bill, please feel free contact me at (916) 658-8252. Respectfully, Tim Cromartie Legislative Representative AMENDED IN ASSEMBLY APRIL 6, 2017 AMENDED IN ASSEMBLY MARCH 22, 2017 AMENDED IN ASSEMBLY MARCH 6, 2017 CALIFORNIA LEGISLATURE -2017-18 REGULAR SESSION ASSEMBLY BILL No. 1408 Introduced by Assembly Member Calderon (Coauthors: Assembly Members Cooper, Dababneh, and Lackey) (Coauthor: Senator Mendoza) February 17, 2017 An act to amend Sections 3003, 3041, 3454, and 3455 of the Penal Code, relating to supervised release. LEGISLATIVE COUNSEL'S DIGEST AB 1408, as amended, Calderon. Crimes: supervised release. (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 Revised 5-26-17—See last page. 96 C-1 AB 1408 —2— regarding 2— 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. (S) 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 offlash incarceration. By imposing additional duties on county agencies 96 C-2 — 3 — AB 1408 administeringpostrelease community supervision, this bill would impose a state -mandated local program. (6) 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 3003 of the Penal Code is amended to 2 read: 3 3003. (a) Except as otherwise provided in this section, an 4 inmate who is released on parole or postrelease supervision as 5 provided by Title 2.05 (commencing with Section 3450) shall be 6 returned to the county that was the last legal residence of the inmate 7 prior to his or her incarceration. For purposes of this subdivision, 8 "last legal residence" shall not be construed to mean the county 9 wherein the inmate committed an offense while confined in a state 10 prison or local jail facility or while confined for treatment in a 11 state hospital. 12 (b) Notwithstanding subdivision (a), an inmate may be returned 13 to another county if that would be in the best interests of the public. 14 If the Board of Parole Hearings setting the conditions of parole 15 for inmates sentenced pursuant to subdivision (b) of Section 1168, 16 as determined by the parole consideration panel, or the Department 17 of Corrections and Rehabilitation setting the conditions of parole 18 for inmates sentenced pursuant to Section 1170, decides on a return 19 to another county, it shall place its reasons in writing in the 20 parolee's permanent record and include these reasons in the notice 21 to the sheriff or chief of police pursuant to Section 3058.6. In 22 making its decision, the paroling authority shall consider, among 23 others, the following factors, giving the greatest weight to the 24 protection of the victim and the safety of the community: 25 (1) The need to protect the life or safety of a victim, the parolee, 26 a witness, or any other person. 96 C-3 AB 1408 —4- 1 4- 1 (2) Public concern that would reduce the chance that the 2 inmate's parole would be successfully completed. 3 (3) The verified existence of a work offer, or an educational or 4 vocational training program. 5 (4) The existence of family in another county with whom the 6 inmate has maintained strong ties and whose support would 7 increase the chance that the inmate's parole would be successfully 8 completed. 9 (5) The lack of necessary outpatient treatment programs for 10 parolees receiving treatment pursuant to Section 2960. 11 (c) The Department of Corrections and Rehabilitation, in 12 determining an out -of -county commitment, shall give priority to 13 the safety of the community and any witnesses and victims. 14 (d) In making its decision about an inmate who participated in 15 a joint venture program pursuant to Article 1.5 (commencing with 16 Section 2717.1) of Chapter 5, the paroling authority shall give 17 serious consideration to releasing him or her to the county where 18 the joint venture program employer is located if that employer 19 states to the paroling authority that he or she intends to employ 20 the inmate upon release. 21 (e) (1) The following information, if available, shall be released 22 by the Department of Corrections and Rehabilitation to local law 23 enforcement agencies regarding a paroled inmate or inmate placed 24 on postrelease community supervision pursuant to Title 2.05 25 (commencing with Section 3450) who is released in their 26 jurisdictions: 27 (A) Last, first, and middle names. 28 (B) Birth date. 29 (C) Sex, race, height, weight, and hair and eye color. 30 (D) Date of parole or placement on postrelease community 31 supervision and discharge. 32 (E) Registration status, if the inmate is required to register as a 33 result of a controlled substance, sex, or arson offense. 34 (F) California Criminal Information Number, FBI number, social 35 security number, and driver's license number. 36 (G) County of commitment. 37 (H) A description of scars, marks, and tattoos on the inmate. 38 (I) Offense or offenses for which the inmate was convicted that 39 resulted in parole or postrelease community supervision in this 40 instance. 96 C-4 -5— AB 1408 1 (J) Address, including all of the following information: 2 (i) Street name and number. Post office box numbers are not 3 acceptable for purposes of this subparagraph. 4 (ii) City and ZIP Code. 5 (iii) Date that the address provided pursuant to this subparagraph 6 was proposed to be effective. 7 (K) Contact officer and unit, including all of the following 8 information: 9 (i) Name and telephone number of each contact officer. 10 (ii) Contact unit type of each contact officer such as units 11 responsible for parole, registration, or county probation. 12 (L) A digitized image of the photograph and at least a single 13 digit fingerprint of the parolee. 14 (M) A geographic coordinate for the inmate's residence location 15 for use with a Geographical Information System (GIS) or 16 comparable computer program. 17 (N) Copies of the record of supervision during any prior period 18 of parole. 19 (2) Unless the information is unavailable, the Department of 20 Corrections and Rehabilitation shall electronically transmit to the 21 county agency identified in subdivision (a) of Section 3451 the 22 inmate's tuberculosis status, specific medical, mental health, and 23 outpatient clinic needs, and any medical concerns or disabilities 24 for the county to consider as the offender transitions onto 25 postrelease community supervision pursuant to Section 3450, for 26 the purpose of identifying the medical and mental health needs of 27 the individual. All transmissions to the county agency shall be in 28 compliance with applicable provisions of the federal Health 29 Insurance Portability and Accountability Act of 1996 (HIPAA) 30 (Public Law 104-191), the federal Health Information Technology 31 for Clinical Health Act (HITECH) (Public Law 111-005), and the 32 implementing of privacy and security regulations in Parts 160 and 33 164 of Title 45 of the Code of Federal Regulations. This paragraph 34 shall not take effect until the Secretary of the United States 35 Department of Health and Human Services, or his or her designee, 36 determines that this provision is not preempted by HIPAA. 37 (3) Except for the information required by paragraph (2), the 38 information required by this subdivision shall come from the 39 statewide parolee database. The information obtained from each 40 source shall be based on the same timeframe. 96 C-5 AB 1408 1 (4) All of the information required by this subdivision shall be 2 provided utilizing a computer -to -computer transfer in a format 3 usable by a desktop computer system. The transfer of this 4 information shall be continually available to local law enforcement 5 agencies upon request. 6 (5) The unauthorized release or receipt of the information 7 described in this subdivision is a violation of Section 11143. 8 (f) Notwithstanding any other law, an inmate who is released 9 on parole shall not be returned to a location within 35 miles of the 10 actual residence of a victim of, or a witness to, a violent felony as 11 defined in paragraphs (1) to (7), inclusive, and paragraph (16) of 12 subdivision (c) of Section 667.5 or a felony in which the defendant 13 inflicts great bodily injury on a person other than an accomplice 14 that has been charged and proved as provided for in Section 15 12022.53, 12022.7, or 12022.9, if the victim or witness has 16 requested additional distance in the placement of the inmate on 17 parole, and if the Board of Parole Hearings or the Department of 18 Corrections and Rehabilitation finds that there is a need to protect 19 the life, safety, or well-being of a victim or witness. 20 (g) Notwithstanding any other law, an inmate who is released 21 on parole for a violation of Section 288 or 288.5 whom the 22 Department of Corrections and Rehabilitation determines poses a 23 high risk to the public shall not be placed or reside, for the duration 24 of his or her parole, within one-half mile of a public or private 25 school including any or all of kindergarten and grades 1 to 12, 26 inclusive. 27 (h) Notwithstanding any other law, an inmate who is released 28 on parole or postrelease community supervision for a stalking 29 offense shall not be returned to a location within 35 miles of the 30 victim's actual residence or place of employment if the victim or 31 witness has requested additional distance in the placement of the 32 inmate on parole or postrelease community supervision, and if the 33 Board of Parole Hearings or the Department of Corrections and 34 Rehabilitation, or the supervising county agency, as applicable, 35 finds that there is a need to protect the life, safety, or well-being 36 of the victim. If an inmate who is released on postrelease 37 community supervision cannot be placed in his or her county of 38 last legal residence in compliance with this subdivision, the 39 supervising county agency may transfer the inmate to another 40 county upon approval of the receiving county. 96 C-6 — 7 — AB 1408 1 (i) The authority shall give consideration to the equitable 2 distribution of parolees and the proportion of out -of -county 3 commitments from a county compared to the number of 4 commitments from that county when making parole decisions. 5 0) An inmate may be paroled to another state pursuant to any 6 other law. The Department of Corrections and Rehabilitation shall 7 coordinate with local entities regarding the placement of inmates 8 placed out of state on postrelease community supervision pursuant 9 to Title 2.05 (commencing with Section 3450). 10 (k) (1) Except as provided in paragraph (2), the Department of 11 Corrections and Rehabilitation shall be the agency primarily 12 responsible for, and shall have control over, the program, resources, 13 and staff implementing the Law Enforcement Automated Data 14 System (LEADS) in conformance with subdivision (e). County 15 agencies supervising inmates released to postrelease community 16 supervision pursuant to Title 2.05 (commencing with Section 3450) 17 shall provide any information requested by the department to 18 ensure the availability of accurate information regarding inmates 19 released from state prison. This information may include all records 20 of supervision, the issuance of warrants, revocations, or the 21 termination of postrelease community supervision. On or before 22 August 1, 2011, county agencies designated to supervise inmates 23 released to postrelease community supervision shall notify the 24 department that the county agencies have been designated as the 25 local entity responsible for providing that supervision. 26 (2) Notwithstanding paragraph (1), the Department of Justice 27 shall be the agency primarily responsible for the proper release of 28 information under LEADS that relates to fingerprint cards. 29 (0 In addition to the requirements under subdivision (k), the 30 Department of Corrections and Rehabilitation shall submit to the 31 Department of Justice data to be included in the supervised release 32 file of the California Law Enforcement Telecommunications 33 System (CLETS) so that law enforcement can be advised through 34 CLETS of all persons on postrelease community supervision and 35 the county agency designated to provide supervision. The data 36 required by this subdivision shall be provided via electronic 37 transfer. 38 SEC. 2. Section 3041 of the Penal Code is amended to read: 39 3041. (a) (1) In the case of any inmate sentenced pursuant to 40 any law, other than Chapter 4.5 (commencing with Section 1170) 96 C-7 AB 1408 1 of Title 7 of Part 2, the Board of Parole Hearings shall meet with 2 each inmate during the sixth year before the inmate's minimum 3 eligible parole date for the purposes of reviewing and documenting 4 the inmate's activities and conduct pertinent to parole eligibility. 5 During this consultation, the board shall provide the inmate 6 information about the parole hearing process, legal factors relevant 7 to his or her suitability or unsuitability for parole, and 8 individualized recommendations for the inmate regarding his or 9 her work assignments, rehabilitative programs, and institutional 10 behavior. Within 30 days following the consultation, the board 11 shall issue its positive and negative findings and recommendations 12 to the inmate in writing. 13 (2) One year before the inmate's minimum eligible parole date 14 a panel of two or more commissioners or deputy commissioners 15 shall again meet with the inmate and shall normally grant parole 16 as provided in Section 3041.5. No more than one member of the 17 panel shall be a deputy commissioner. 18 (3) In the event of a tie vote, the matter shall be referred for an 19 en banc review of the record that was before the panel that rendered 20 the tie vote. Upon en banc review, the board shall vote to either 21 grant or deny parole and render a statement of decision. The en 22 banc review shall be conducted pursuant to subdivision (e). 23 (4) Upon a grant of parole, the inmate shall be released subject 24 to all applicable review periods. However, an inmate shall not be 25 released before reaching his or her minimum eligible parole date 26 as set pursuant to Section 3046 unless the inmate is eligible for 27 earlier release pursuant to his or her youth offender parole 28 eligibility date. 29 (5) At least one commissioner of the panel shall have been 30 present at the last preceding meeting, unless it is not feasible to 31 do so or where the last preceding meeting was the initial meeting. 32 Any person on the hearing panel may request review of any 33 decision regarding parole for an en banc hearing by the board. In 34 case of a review, a majority vote in favor of parole by the board 35 members participating in an en banc review is required to grant 36 parole to any inmate. 37 (b) (1) The panel or the board, sitting en banc, shall grant parole 38 to an inmate unless it determines that the gravity of the current 39 convicted offense or offenses, or the timing and gravity of current 40 or past convicted offense or offenses, is such that consideration of 96 • — 9 — AB 1408 1 the public safety requires a more lengthy period of incarceration 2 for this individual. The panel or the board, sitting en banc, shall 3 consider the entire criminal history of the inmate, including all 4 current or past convicted offenses, in making this determination. 5 (2) After July 30, 2001, any decision of the parole panel finding 6 an inmate suitable for parole shall become final within 120 days 7 of the date of the hearing. During that period, the board may review 8 the panel's decision. The panel's decision shall become final 9 pursuant to this subdivision unless the board finds that the panel 10 made an error of law, or that the panel's decision was based on an 11 error of fact, or that new information should be presented to the 12 board, any of which when corrected or considered by the board 13 has a substantial likelihood of resulting in a substantially different 14 decision upon a rehearing. In making this determination, the board 15 shall consult with the commissioners who conducted the parole 16 consideration hearing. 17 (3) A decision of a panel shall not be disapproved and referred 18 for rehearing except by a majority vote of the board, sitting en 19 banc, following a public meeting. 20 (c) For the purpose of reviewing the suitability for parole of 21 those inmates eligible for parole under prior law at a date earlier 22 than that calculated under Section 1170.2, the board shall appoint 23 panels of at least two persons to meet annually with each inmate 24 until the time the person is released pursuant to proceedings or 25 reaches the expiration of his or her term as calculated under Section 26 1170.2. 27 (d) It is the intent of the Legislature that, during times when 28 there is no backlog of inmates awaiting parole hearings, life parole 29 consideration hearings, or life rescission hearings, hearings will 30 be conducted by a panel of three or more members, the majority 31 of whom shall be commissioners. The board shall report monthly 32 on the number of cases where an inmate has not received a 33 completed initial or subsequent parole consideration hearing within 34 30 days of the hearing date required by subdivision (a) of Section 35 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless 36 the inmate has waived the right to those timeframes. That report 37 shall be considered the backlog of cases for purposes of this 38 section, and shall include information on the progress toward 39 eliminating the backlog, and on the number of inmates who have 40 waived their right to the above timeframes. The report shall be 96 C-9 AB 1408 —10 — 1 made public at a regularly scheduled meeting of the board and a 2 written report shall be made available to the public and transmitted 3 to the Legislature quarterly. 4 (e) For purposes of this section, an en banc review by the board 5 means a review conducted by a majority of commissioners holding 6 office on the date the matter is heard by the board. An en banc 7 review shall be conducted in compliance with the following: 8 (1) The commissioners conducting the review shall consider 9 the entire record of the hearing that resulted in the tie vote. 10 (2) The review shall be limited to the record of the hearing. The 11 record shall consist of the transcript or audiotape of the hearing, 12 written or electronically recorded statements actually considered 13 by the panel that produced the tie vote, and any other material 14 actually considered by the panel. New evidence or comments shall 15 not be considered in the en banc proceeding. 16 (3) The board shall separately state reasons for its decision to 17 grant or deny parole. 18 (4) A commissioner who was involved in the tie vote shall be 19 recused from consideration of the matter in the en Banc review. 20 SEC. 3. Section 3454 of the Penal Code is amended to read.- 21 ead:21 3454. (a) Each supervising county agency, as established by 22 the county board of supervisors pursuant to subdivision (a) of 23 Section 3451, shall establish a review process for assessing and 24 refining a person's program of postrelease supervision. Any 25 additional postrelease supervision conditions shall be reasonably 26 related to the underlying offense for which the offender spent time 27 in prison, or to the offender's risk of recidivism, and the offender's 28 criminal history, and be otherwise consistent with law. 29 (b) Each county agency responsible for postrelease supervision, 30 as established by the county board of supervisors pursuant to 31 subdivision (a) of Section 3451, may determine additional 32 appropriate conditions of supervision listed in Section 3453 33 consistent with public safety, including the use of continuous 34 electronic monitoring as defined in Section 1210.7, order the 35 provision of appropriate rehabilitation and treatment services, 36 determine appropriate incentives, and determine and order 37 appropriate responses to alleged violations, which can include, but 38 shall not be limited to, immediate, structured, and intermediate 39 sanctions up to and including referral to a reentry court pursuant 40 to Section 3015, or flash incarceration in a city or county jail. 96 C-10 -11— AB 1408 1 Periods of flash incarceration are encouraged as one method of 2 punishment for violations of an offender's condition of postrelease 3 supervision. 4 (c) As used in this title, "flash incarceration" is a period of 5 detention in a city or county jail due to a violation of an offender's 6 conditions of postrelease supervision. The length of the detention 7 period can range between one and 10 consecutive days. Flash 8 incarceration is a tool that may be used by each county agency 9 responsible for postrelease supervision. Shorter, but if necessary 10 more frequent, periods of detention for violations of an offender's 11 postrelease supervision conditions shall appropriately punish an 12 offender while preventing the disruption in a work or home 13 establishment that typically arises from longer term revocations. 14 (d) Upon a decision to impose a period of flash incarceration, 15 the probation department shall notify the court, public defender, 16 district attorney, and sheriff of each imposition of flash 17 incarceration. 18 SEC. 3. 19 SEC. 4. Section 3455 of the Penal Code is amended to read: 20 3455. (a) If the supervising county agency has determined, 21 following application of its assessment processes, that intermediate 22 sanctions as authorized in subdivision (b) of Section 3454 are not 23 appropriate, or if the supervised person has violated the terms of 24 his or her release for a third time, the supervising county agency 25 shall petition the court pursuant to Section 1203.2 to revoke, 26 modify, or terminate postrelease community supervision. At any 27 point during the process initiated pursuant to this section, a person 28 may waive, in writing, his or her right to counsel, admit the 29 violation of his or her postrelease community supervision, waive 30 a court hearing, and accept the proposed modification of his or her 31 postrelease community supervision. The petition shall include a 32 written report that contains additional information regarding the 33 petition, including the relevant terms and conditions of postrelease 34 community supervision, the circumstances of the alleged 35 underlying violation, the history and background of the violator, 36 and any recommendations. The Judicial Council shall adopt forms 37 and rules of court to establish uniform statewide procedures to 38 implement this subdivision, including the minimum contents of 39 supervision agency reports. Upon a finding that the person has 40 violated the conditions of postrelease community supervision, the 96 C-11 AB 1408 —12— I 12- 1 revocation hearing officer shall have authority to do all of the 2 following: 3 (1) Return the person to postrelease community supervision 4 with modifications of conditions, if appropriate, including a period 5 of incarceration in a county jail. 6 (2) Revoke and terminate postrelease community supervision 7 and order the person to confinement in a county jail. 8 (3) Refer the person to a reentry court pursuant to Section 3015 9 or other evidence -based program in the court's discretion. 10 (b) (1) At any time during the period of postrelease community 11 supervision, if a peace officer, including a probation officer, has 12 probable cause to believe a person subject to postrelease 13 community supervision is violating any term or condition of his 14 or her release, or has failed to appear at a hearing pursuant to 15 Section 1203.2 to revoke, modify, or terminate postrelease 16 community supervision, the officer may, without a warrant or other 17 process, arrest the person and bring him or her before the 18 supervising county agency established by the county board of 19 supervisors pursuant to subdivision (a) of Section 3451. 20 Additionally, an officer employed by the supervising county agency 21 may seek a warrant and a court or its designated hearing officer 22 appointed pursuant to Section 71622.5 of the Government Code 23 shall have the authority to issue a warrant for that person's arrest. 24 (2) The court or its designated hearing officer shall have the 25 authority to issue a warrant for a person who is the subject of a 26 petition filed under this section who has failed to appear for a 27 hearing on the petition or for any reason in the interests of justice, 28 or to remand to custody a person who does appear at a hearing on 29 the petition for any reason in the interests of justice. 30 (3) Unless a person subject to postrelease community 31 supervision is otherwise serving a period of flash incarceration, 32 whenever a person who is subject to this section is arrested, with 33 or without a warrant or the filing of a petition for revocation, the 34 court may order the release of the person under supervision from 35 custody under any terms and conditions the court deems 36 appropriate. 37 (c) The revocation hearing shall be held within a reasonable 38 time after the filing of the revocation petition. Except as provided 39 in paragraph (3) of subdivision (b), based upon a showing of a 40 preponderance of the evidence that a person under supervision 96 C-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 —13 — AB 1408 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. (d) Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction. (e) 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 community supervision, except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456. SEG. 4 SEC. 5. 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 ofArticle XIIIB of the California Constitution. REVISIONS: Heading—Line 2. Al 96 C-13