Amended in Senate August 7, 2014

Amended in Senate April 30, 2014

Amended in Assembly May 24, 2013

Amended in Assembly April 22, 2013

Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 147


Introduced by Assembly Member V. Manuel Pérez

January 18, 2013


An act to amend Sectionsbegin delete 3000.08 and 3451 of the Penal Code, relating to punishment.end deletebegin insert 63000, 63010, 63025.1, 63045, and 63084 of, and to add Article 5.5 (commencing with Section 63047.1) to Chapter 2 of Division 1 of Title 6.7 of, the Government Code, relating to economic development, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 147, as amended, V. Manuel Pérez. begin deleteRealignment Omnibus Act of 2014. end deletebegin insertEconomic development projects.end insert

begin insert

The Bergeson-Peace Infrastructure and Economic Development Bank Act authorizes the California Infrastructure and Economic Development Bank, governed by a board of directors, to make loans and provide other assistance to public and private entities for various types of economic development projects, among other things. The activities of the bank under these provisions are funded from the California Infrastructure and Economic Development Bank Fund, which is continuously appropriated for these purposes.

end insert
begin insert

This bill would authorize the board of directors to enter into development and financing agreements for projects within the California-Mexico border region, as defined. The bill would authorize the bank to establish and participate in a binational financing authority to facilitate and support the economic development of communities within the border region. The bill would require the bank to develop guidelines for the selection, review, and approval of border region projects and authorize the bank to issue bonds, the proceeds of which would be deposited in the Binational Development Account, which the bill would create within the fund. By expanding the purposes for which a continuously appropriated fund may be used, the bill would make an appropriation. The bill would state that certain provisions of this bill shall become operative only if the Executive Director of the California Infrastructure and Economic Development Bank determines that there are sufficient funds available to implement those provisions and submits a letter to the Legislature to that effect.

end insert
begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert
begin delete

Existing law requires that all persons released from prison 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 3 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 that these persons be subject to parole supervision by the Department of Corrections and Rehabilitation following release from state prison and the jurisdiction of the court in the county in which the parolee is released, resides, or in which an alleged violation of supervision has occurred.

end delete
begin delete

This bill would also require that any person who is released from prison who has a prior conviction for any of the above crimes be subject to parole supervision by the department and the jurisdiction of the court in the county in which the parolee is released, resides, or in which an alleged violation of supervision has occurred.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) Mexico is California’s largest trading partner in the world.
4The two economies are highly integrated with a substantial
5dependence on cross-border trade, especially in southern
6California. A modern border that provides for safe and efficient
7movement of people and goods is therefore critical to both entities
8to maintain continued growth in the economy and trade.

end insert
begin insert

9(b) The increased security demands since September 11, 2001,
10 have resulted in the need to have an even greater focus on the
11operations of border crossings and approaches so that efficiency
12improvements are made in concert with the implementation of
13enhanced safety and security measures.

end insert
begin insert

14(c) One barrier to the expansion of trade and binational
15commerce is the deficit in border infrastructure, which has not
16kept pace with increases in trade and transit since ratification of
17the North American Free Trade Agreement. Increased federal
18spending on ports of entry is essential, as well as encouraging
19recapitalization of binational border financing entities that include
20the North American Development Bank. Even with increased
21federal funding, however, the long-term success of the binational
22region is attracting more private sector investment. Attracting new
23private capital will require new ways of financing infrastructure
24and other economic development-related projects and streamlining
25local and environmental approvals.

end insert
begin insert

26(d) A binational approach to economic development also serves
27to provide a vital, yet often overlooked, component to
28comprehensive immigration reform. Workers from Mexico have
29historically served a valuable role within many California industry
30sectors, including the agriculture and tourism sectors. In some
31instances, however, immigration creates economic and social
32challenges for the sending and receiving countries, as well as for
33workers and businesses. It is therefore in the interest of the state
34to find appropriate, cost-effective ways to limit immigration by
35supporting economic development and job creation.

end insert
begin insert

P4    1(e) Funding business development and job creation activities
2along the California-Mexico border region is a practical strategy
3for minimizing and discouraging the undocumented flow of
4immigration from Mexico. Economic development projects along
5the border and within the north-south economic corridors benefit
6communities on both sides of the border. Projects that stimulate
7job creation and strengthen the local and regional economies can
8serve as a cost-effective immigration control method, while
9strengthening the manufacturing, trade, and goods movement
10capacity of California communities.

end insert
begin insert

11(f) A coherent economic strategy for the border region, based
12on expediting legitimate commerce, relaxing federally imposed
13restrictions on what border communities can do to build new
14infrastructure, and endowing existing development institutions
15with greater authority will result in immediate and long-term
16benefits to the people of California.

end insert
begin insert

17(g) Supporting economic development activities within the
18border region is not in conflict with clause 3 of Section 8 of Article
19I of the U.S. Constitution because facilitating economic
20development activities does not rise to the level of regulating
21commerce with foreign nations and is consistent with the prior
22actions of the United States Congress that have sanctioned and
23defined the trade and commerce relationship between the United
24States and Mexico through a range of legislative actions, including,
25but not limited to, the approval of the North American Free Trade
26Agreement.

end insert
27begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 63000 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
28read:end insert

29

63000.  

The Legislature finds and declares the following:

30(a) Economic revitalization, future development, and a healthy
31climate for jobs in California will depend upon a well-conceived
32system of public improvements that are essential to the economic
33well-being of the citizens of the state and are necessary to maintain,
34as well as create, employment within the state for business.

35(b) It is necessary for public policy to support the efforts of
36businesses attempting to expand, businesses seeking to locate in
37California, and local economic development organizations, public
38agencies, and new entrepreneurs by dedicating public fiscal
39resources to confront obstacles and barriers that impede economic
40growth.

P5    1(c) Existing mechanisms that coordinate federal, state, local,
2and private financial resources are inadequate to attract and sustain
3begin delete thatend deletebegin insert theend insert level of private investment that is essential to a growth
4economy.

5(d) In order to secure and enhance the economic well-being of
6Californians, promote economic development in the state, and
7provide a healthy climate for the creation of jobs, it is necessary
8for public policy to support the efforts of expanding businesses,
9businesses seeking to locate in California, local development
10organizations, public bodies, and new entrepreneurs to gain access
11to capital through current and potential operations of financial
12markets.

13(e) The high cost and the lack of availability of industrial loans
14for small- and medium-size businesses is making it difficult for
15thousands of these enterprises to get established, to maintain their
16present employment levels, or to expand employment.

17(f) The problem of access to capital is acute in the high
18technology industry clusters because companies must often finance
19large capital expenditures early in their development cycle, and
20cannot obtain financing sufficient to cover the cost of those
21expenditures. Consideration should be given to industry clusters
22that may include the following:

23(1) Health care technology.

24(2) Multimedia.

25(3) Environmental technology.

26(4) Information technology.

27(g) The high cost and limited availability of loans and capital
28has led a number of states to take action to remedy these conditions
29through concerted public and private investment programs that
30include efforts to do the following:

31(1) Use the state’s access to capital markets more effectively
32for economic development.

33(2) Create financing pools to access nationalbegin insert and internationalend insert
34 capital markets or help government sponsors and public-private
35economic development organizations obtain credit enhancement
36on their own.

37(3) Facilitate credit enhancement for selected specific projects.

38(4) Provide or arrange for loan insurance.

39(5) Create and support secondary markets for loan portfolios of
40urban and rural economic development corporations and others.

P6    1(6) Improve access to international capital markets.

2(7) Provide opportunities for public pension funds and other
3institutional investors to play a larger role in state economic
4development.

5(8) Arrange for or provide subordinated debt for selected
6projects.

7(9) Increase support forbegin delete localend deletebegin insert local, regional, and stateend insert
8 infrastructure development.

begin insert

9(10) Improve access to global markets by supporting
10manufacturing-linked goods and movement-related infrastructure
11within state, national, and international transportation corridors.

end insert

12(h) Local governments in California bear a primary
13responsibility for the business of promoting job creation and
14economic development efforts. California’s continued reliance on
15autonomous local entities often fails to adequately consider regional
16impacts of business expansion. Projects of a regional nature need
17the benefit of a state coordinating function to augment and enhance
18local economic development and environmental efforts.

19(i) The State of California has not embarked on a major
20infrastructure financing effort since the decade of thebegin delete 1960’s,end delete
21begin insert 1960s,end insert despite persistent unemployment and soaring population
22growth.

23(j) California’s ability to compete in a global economy depends
24upon its capacity to implement policies that take maximum
25advantage of public and private resources at the local, regional,
26state, and national levels. These policies should be coordinated
27with any future legislative plan involving growth management
28strategies designed to make economic growth compatible with
29environmental protections. It is the intent of the Legislature in
30enacting this act to create a mechanism to finance projects needed
31to implement economic development and job creation and growth
32management strategies, and to provide a secure and stable funding
33source for implementation of this act in order to meet critical
34economic, social, and environmental concerns.

35(k) The State of California needs a financing entity structured
36with broad authority to issue bonds, provide guarantees, and
37leverage state and federal funds using techniques that will target
38public investment to facilitatebegin insert private sectorend insert economic
39begin delete development.end deletebegin insert growth.end insert The goal is tobegin insert expand private sector
P7    1investment within the state andend insert
produce more private sector jobs
2with less public sector investment.

3(l) The mechanisms for financing public improvements and
4private job creation strategies provided for in this act are in the
5public interest, serve a public purpose, and will promote the health,
6welfare, and safety of the citizens of the state.

begin insert

7(m) The lack of economic development along the border region
8with Mexico has caused economic challenges to the state. The
9 existence of an economic development authority that addresses
10economic development needs in these areas serves a public purpose
11and promotes the health, welfare, and safety of the citizens of the
12state.

end insert
begin delete

13(m)

end delete

14begin insert(n)end insert The public policies and responsibilities of the state, including
15all of the above purposes and functions, cannot be fully obtained
16without the use of financing assistance and can be most effectively
17furthered by the creation of the California Infrastructure and
18Economic Development Bank.

19begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 63010 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
20read:end insert

21

63010.  

For purposes of this division, the following words and
22terms shall have the following meanings unless the context clearly
23indicates or requires another or different meaning or intent:

24(a) “Act” means the Bergeson-Peace Infrastructure and
25Economic Development Bank Act.

26(b) “Bank” means the California Infrastructure and Economic
27Development Bank.

28(c) “Board” or “bank board” means the Board of Directors of
29the California Infrastructure and Economic Development Bank.

30(d) “Bond purchase agreement” means a contractual agreement
31executed between the bank and a sponsor, or a special purpose
32trust authorized by the bank or a sponsor, or both, whereby the
33bank or special purpose trust authorized by the bank agrees to
34purchase bonds of the sponsor for retention or sale.

35(e) begin insert(1)end insertbegin insertend insert“Bonds” means bonds, including structured, senior, and
36subordinated bonds or other securities; loans; notes, including
37bond, revenue,begin delete taxend deletebegin insert tax,end insert or grant anticipation notes; commercial
38paper; floating rate and variable maturity securities; and any other
39evidences of indebtedness or ownership, including certificates of
40participation or beneficial interest, asset backed certificates, or
P8    1lease-purchase or installment purchase agreements, whether taxable
2or excludable from gross income for federal income taxation
3purposes.

begin insert

4(2) “Border region” means the area within 125 miles on each
5side of the California-Mexico border, including areas along the
6north-south and east-west transportation networks on both sides
7of the border.

end insert

8(f) “Cost,” as applied to a project or portion thereof financed
9under this division, means all or any part of the cost of construction,
10renovation, and acquisition of all lands, structures, real or personal
11property, rights, rights-of-way, franchises, licenses, easements,
12and interests acquired or used for a project; the cost of demolishing
13or removing any buildings or structures on land so acquired,
14including the cost of acquiring any lands to which the buildings
15or structures may be moved; the cost of all machinery, equipment,
16and financing charges; interest prior to, during, and for a period
17after completion of construction, renovation, or acquisition, as
18determined by the bank; provisions for working capital; reserves
19for principal and interest and for extensions, enlargements,
20additions, replacements, renovations, and improvements; and the
21cost of architectural, engineering, financial and legal services,
22plans, specifications, estimates, administrative expenses, and other
23expenses necessary or incidental to determining the feasibility of
24any project or incidental to the construction, acquisition, or
25financing of any project, and transition costs in the case of an
26electrical corporation.

27(g) “Economic development facilities” means real and personal
28property, structures, buildings, equipment, and supporting
29components thereof that are used to provide industrial, recreational,
30research, commercial, utility,begin insert goods movement,end insert or service enterprise
31facilities, community, educational, cultural, or social welfare
32facilities and any parts or combinations thereof, and all facilities
33or infrastructure necessary or desirable in connection therewith,
34including provision for working capital, but shall not include any
35housing.

36(h) “Electrical corporation” has the meaning set forth in Section
37218 of the Public Utilities Code.

38(i) “Executive director” means the Executive Director of the
39California Infrastructure and Economic Development Bank
40appointed pursuant to Section 63021.

P9    1(j) “Financial assistance” in connection with a project, includes,
2but is not limited to, any combination of grants, loans, the proceeds
3of bonds issued by the bank or special purpose trust, insurance,
4guarantees or other credit enhancements or liquidity facilities, and
5contributions of money, property, labor, or other things of value,
6as may be approved by resolution of the board or the sponsor, or
7both; the purchase or retention of bank bonds, the bonds of a
8sponsor for their retention or for sale by the bank, or the issuance
9of bank bonds or the bonds of a special purpose trust used to fund
10the cost of a project for which a sponsor is directly or indirectly
11liable, including, but not limited to, bonds, the security for which
12is provided in whole or in part pursuant to the powers granted by
13Section 63025; bonds for which the bank has provided a guarantee
14or enhancement, including, but not limited to, the purchase of the
15subordinated bonds of the sponsor, the subordinated bonds of a
16special purpose trust, or the retention of the subordinated bonds
17of the bank pursuant to Chapter 4 (commencing with Section
1863060); or any other type of assistance deemed appropriate by the
19bank or the sponsor, except that no direct loans shall be made to
20nonpublic entities other than in connection with the issuance of
21rate reduction bonds pursuant to a financing order or in connection
22with a financing for an economic developmentbegin delete facility.end deletebegin insert facility
23located within the state or the border region, or both. Financial
24assistance within areas outside of California shall meet the
25requirements under Article 5.5 (commencing with Section 63047.1)
26of Chapter 2.end insert

27For purposes of this subdivision, “grant” does not include grants
28made by the bank except when acting as an agent or intermediary
29for the distribution or packaging of financing available from
30federal, private, or other public sources.

31(k) “Financing order” has the meaning set forth in Section 840
32of the Public Utilities Code.

33(l) “Guarantee trust fund” means the California Infrastructure
34Guarantee Trust Fund.

35(m) “Infrastructure bank fund” means the California
36Infrastructure and Economic Development Bank Fund.

37(n) “Loan agreement” means a contractual agreement executed
38between the bank or a special purpose trust and a sponsor that
39provides that the bank or special purpose trust will loan funds to
P10   1the sponsor and that the sponsor will repay the principal and pay
2the interest and redemption premium, if any, on the loan.

3(o) “Participating party” means any person, company,
4corporation, association,begin delete stateend deletebegin insert state, international,end insert or municipal
5governmental entity, partnership, firm, or other entity or group of
6entities, whether organized for profit or not for profit, engaged in
7business or operations within the statebegin insert or border regionend insert and that
8applies for financing from the bank in conjunction with a sponsor
9for the purpose of implementing a project. However, in the case
10of a project relating to the financing of transition costs or the
11acquisition of transition property, or both, on the request of an
12electrical corporation, or in connection withbegin delete aend delete financing for an
13economic development facility, or for the financing of insurance
14claims, the participating party shall be deemed to be the same
15entity as the sponsor for the financing.

16(p) “Project” means designing, acquiring, planning, permitting,
17entitling, constructing, improving, extending, restoring, financing,
18and generally developing public development facilities or economic
19development facilities within the state orbegin insert border region orend insert
20 financing transition costs or the acquisition of transition property,
21or both, upon approval of a financing order by the Public Utilities
22Commission, as provided in Article 5.5 (commencing with Section
23840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities
24Code.begin insert Projects within areas outside of California shall meet the
25requirements under Article 5.5 (commencing with Section 63047.1)
26of Chapter 2.end insert

27(q) “Public development facilities” means real and personal
28property, structures, conveyances, equipment, thoroughfares,
29buildings, and supporting components thereof, excluding any
30housing, that are directly related to providing the following:

31(1) “City streets” including any street, avenue, boulevard, road,
32parkway, drive, or other way that is any of the following:

33(A) An existing municipal roadway.

34(B) Is shown upon a plat approved pursuant to law and includes
35the land between the street lines, whether improved or unimproved,
36and may comprise pavement, bridges, shoulders, gutters, curbs,
37guardrails, sidewalks, parking areas, benches, fountains, plantings,
38lighting systems, and other areas within the street lines, as well as
39equipment and facilities used in the cleaning, grading, clearance,
40maintenance, and upkeep thereof.

P11   1(2) “County highways” including any county highway as defined
2in Section 25 of the Streets and Highways Code, that includes the
3land between the highway lines, whether improved or unimproved,
4and may comprise pavement, bridges, shoulders, gutters, curbs,
5guardrails, sidewalks, parking areas, benches, fountains, plantings,
6lighting systems, and other areas within the street lines, as well as
7equipment and facilities used in the cleaning, grading, clearance,
8maintenance, and upkeep thereof.

9(3) “Drainage, water supply, and flood control” including, but
10not limited to, ditches, canals, levees, pumps, dams, conduits,
11pipes, storm sewers, and dikes necessary to keep or direct water
12away from people, equipment, buildings, and other protected areas
13as may be established by lawful authority, as well as the
14acquisition, improvement, maintenance, and management of
15floodplain areas and all equipment used in the maintenance and
16operation of the foregoing.

17(4) “Educational facilities” including libraries, child care
18facilities, including, but not limited to, day carebegin delete facilities,end deletebegin insert facilitiesend insert
19 and employment training facilities.

20(5) “Environmental mitigation measures” including required
21construction or modification of public infrastructure and purchase
22and installation of pollution control and noise abatement
23equipment.

24(6) “Parks and recreational facilities” including local parks,
25recreational property and equipment,begin delete parkwaysend deletebegin insert parkways,end insert and
26property.

27(7) “Port facilities” includingbegin insert airports, landports, waterports,
28railports,end insert
docks, harbors, ports of entry, piers, ships, small boat
29harbors and marinas, and any other facilities, additions, or
30improvements in connectionbegin delete therewith.end deletebegin insert therewith, that transport
31goods or persons.end insert

32(8) “Power and communications” including facilities for the
33transmission or distribution of electrical energy, natural gas, and
34telephone and telecommunications service.

35(9) “Public transit” including air and railbegin delete transport of goods,end delete
36begin insert transport,end insert airports, guideways, vehicles, rights-of-way, passenger
37stations, maintenance and storage yards, and related structures,
38including public parkingbegin delete facilities,end deletebegin insert facilities andend insert equipment used
39to provide or enhance transportation by bus, rail, ferry, or other
40conveyance, either publicly or privately owned, that provides to
P12   1the public general or special service on a regular and continuing
2basis.

3(10) “Sewage collection and treatment” including pipes, pumps,
4and conduits that collect wastewater from residential,
5manufacturing, and commercial establishments, the equipment,
6structures, and facilities used in treating wastewater to reduce or
7eliminate impurities or contaminants, and the facilities used in
8disposing of, or transporting, remaining sludge, as well as all
9equipment used in the maintenance and operation of the foregoing.

10(11) “Solid waste collection and disposal” including vehicles,
11vehicle-compatible waste receptacles, transfer stations, recycling
12centers, sanitary landfills, and waste conversion facilities necessary
13to remove solid waste, except that which is hazardous as defined
14by law, from its point of origin.

15(12) “Water treatment and distribution” including facilities in
16which water is purified and otherwise treated to meet residential,
17manufacturing, or commercial purposes and the conduits, pipes,
18and pumps that transport it to places of use.

19(13) “Defense conversion” including, but not limited to, facilities
20necessary for successfully converting military bases consistent
21with an adopted base reuse plan.

22(14) “Public safety facilities” including, but not limited to, police
23stations, fire stations, court buildings, jails, juvenile halls, and
24juvenile detention facilities.

25(15) “State highways” including any state highway as described
26in Chapter 2 (commencing with Section 230) of Division 1 of the
27Streets and Highways Code, and the related components necessary
28for safe operation of the highway.

29(16) (A) begin deleteMilitary infrastructure, end deletebegin insert“Military infrastructure” end insert
30including, but not limited to, facilities on or near a military
31installation, that enhance the military operations and mission of
32one or more military installations in this state. To be eligible for
33funding, the project shall be endorsed by the Office of Military
34and Aerospace Support established pursuant to Section 13998.2.

35(B) For purposes of this subdivision, “military installation”
36means any facility under the jurisdiction of the Department of
37Defense, as defined in paragraph (1) of subsection (e) of Section
382687 of Title 10 of the United States Code.

begin insert

P13   1(17) “Goods movement-related infrastructure” including port
2facilities, roads, rail, and other facilities and projects that move
3goods, energy, and information.

end insert

4(r) “Rate reduction bonds” has the meaning set forth in Section
5840 of the Public Utilities Code.

6(s) “Revenues” means all receipts, purchase payments, loan
7repayments, lease payments, and all other income or receipts
8derived by the bank or a sponsor from the sale, lease, or other
9financing arrangement undertaken by the bank, abegin delete sponsorend deletebegin insert sponsor,end insert
10 or a participating party, including, but not limited to, all receipts
11from a bond purchasebegin delete agreement,end deletebegin insert agreementend insert and any income or
12revenue derived from the investment of any money in any fund or
13account of the bank or a sponsor and any receipts derived from
14transition property. Revenues shall not include moneys in the
15General Fund of the state.

16(t) “Special purpose trust” means a trust, partnership, limited
17partnership, association, corporation, nonprofit corporation, or
18other entity authorized under the laws of the state to serve as an
19instrumentality of the state to accomplish public purposes and
20authorized by the bank to acquire, by purchase or otherwise, for
21retention or sale, the bonds of a sponsor or of the bank made or
22entered into pursuant to this division and to issue special purpose
23trust bonds or other obligations secured by these bonds or other
24sources of public or private revenues. Special purpose trust also
25means any entity authorized by the bank to acquire transition
26property or to issue rate reduction bonds, or both, subject to the
27approvals by the bank and powers of the bank as are provided by
28the bank in its resolution authorizing the entity to issue rate
29reduction bonds.

30(u) “Sponsor” means any subdivision of the state or local
31government including departments, agencies, commissions, cities,
32counties, nonprofit corporations formed on behalf of a sponsor,
33special districts, assessment districts, and joint powers authorities
34within the state or any combination of these subdivisions that
35makes an application to the bank for financial assistance in
36connection with a project in a manner prescribed by the bank. This
37definition shall not be construed to require that an applicant have
38an ownership interest in the project. In addition, an electrical
39corporation shall be deemed to be the sponsor as well as the
40participating party for any project relating to the financing of
P14   1transition costs and the acquisition of transition property on the
2request of the electrical corporation and any person, company,
3corporation, partnership, firm, or other entity or group engaged in
4business or operation within the state that applies for financing of
5any economic development facility, shall be deemed to be the
6sponsor as well as the participating party for the project relating
7to the financing of that economic development facility.

8(v) “State” means the State of California.

9(w) “Transition costs” has the meaning set forth in Section 840
10of the Public Utilities Code.

11(x) “Transition property” has the meaning set forth in Section
12840 of the Public Utilities Code.

13begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 63025.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14to read:end insert

15

63025.1.  

The bank board may do or delegate the following to
16the executive director:

17(a) Sue and be sued in its own name.

18(b) As provided in Chapter 5 (commencing with Section 63070),
19issue bonds and authorize special purpose trusts to issue bonds,
20including, at the option of the board, bonds bearing interest that
21is taxable for the purpose of federal income taxation, or borrow
22money to pay all or any part of the cost of any project, or to
23otherwise carry out the purposes of this division.

24(c) Engage the services of private consultants to render
25professional and technical assistance and advice in carrying out
26the purposes of this division.

27(d) Employ attorneys, financial consultants, and other advisers
28as may, in the bank’s judgment, be necessary in connection with
29the issuance and sale, or authorization of special purpose trusts for
30the issuance and sale, of any bonds, notwithstanding Sections
3111042 and 11043.

32(e) Contract for engineering, architectural, accounting, or other
33services of appropriate state agencies as may, in its judgment, be
34necessary for the successful development of a project.

35(f) Pay the reasonable costs of consulting engineers, architects,
36accountants, and construction, land use, recreation, and
37environmental experts employed by any sponsor or participating
38party if, in the bank’s judgment, those services are necessary for
39the successful development of a project.

P15   1(g) Acquire, take title to, and sell by installment sale or
2otherwise, lands, structures, real or personal property, rights,
3rights-of-way, franchises, easements, and other interests in lands
4that are located within the state, or transition property as the bank
5may deem necessary or convenient for the financing of the project,
6upon terms and conditions that it considers to be reasonable.

7(h) Receive and accept from anybegin delete sourceend deletebegin insert source,end insert including, but
8not limited to, the federal government, the state, or any agency
9thereof, loans, contributions, or grants, in money, property, labor,
10or other things of value, for, or in aid of, a project, or any portion
11thereof.

12(i) Make loans to any sponsor or participating party, either
13directly or by making a loan to a lending institution, in connection
14with the financing of a project in accordance with an agreement
15between the bank and the sponsor or a participating party, either
16as a sole lender or in participation with other lenders. However,
17no loan shall exceed the total cost of the project as determined by
18the sponsor or the participating party and approved by the bank.

19(j) Make loans to any sponsor or participating party, either
20directly or by making a loan to a lending institution, in accordance
21with an agreement between the bank and the sponsor or
22participating party to refinance indebtedness incurred by the
23sponsor or participating party in connection with projects
24undertaken and completed prior to any agreement with the bank
25or expectation that the bank would provide financing, either as a
26sole lender or in participation with other lenders.

27(k) Mortgage all or any portion of the bank’s interest in a project
28and the property on which any project is located, whether owned
29or thereafter acquired, including the granting of a security interest
30in any property, tangible or intangible.

31(l) Assign or pledge all or any portion of the bank’s interests in
32transition property and the revenues therefrom, or assets, things
33of value, mortgages, deeds of trust, bonds, bond purchase
34agreements, loan agreements, indentures of mortgage or trust, or
35similar instruments, notes, and security interests in property,
36tangible or intangible and the revenues therefrom, of a sponsor or
37a participating party to which the bank has made loans, and the
38revenues therefrom, including payment or income from any interest
39owned or held by the bank, for the benefit of the holders of bonds.

P16   1(m) Make, receive, or serve as a conduit for the making of, or
2otherwise provide for, grants, contributions, guarantees, insurance,
3credit enhancements or liquidity facilities, or other financial
4enhancements to a sponsor or a participating party as financial
5assistance for a project.

6(n) Lease the project being financed to a sponsor or a
7participating party, upon terms and conditions that the bank deems
8proper but shall not be leased at a loss; charge and collect rents
9therefor; terminate any lease upon the failure of the lessee to
10comply with any of the obligations thereof; include in any lease,
11if desired, provisions that the lessee shall have options to renew
12the lease for a period or periods, and at rents determined by the
13bank; purchase any or all of the project; or, upon payment of all
14the indebtedness incurred by the bank for the financing of the
15project, the bank may convey any or all of the project to the lessee
16or lessees.

17(o) Charge and equitably apportion among sponsors and
18participating parties the bank’s administrative costs and expenses
19incurred in the exercise of the powers and duties conferred by this
20division.

21(p) Issue, obtain, or aid in obtaining, from any department or
22agency of the United States, from other agencies of the state, or
23from any private company, any insurance or guarantee to, or for,
24the payment or repayment of interest or principal, or both, or any
25part thereof, on any loan, lease, or obligation or any instrument
26evidencing or securing the same, made or entered into pursuant to
27this division.

28(q) Notwithstanding any other provision of this division, enter
29into any agreement, contract, or any other instrument with respect
30to any insurance or guarantee; accept payment in the manner and
31form as provided therein in the event of default by a sponsor or a
32participating party; and issue or assign any insurance or guarantee
33as security for the bank’s bonds.

34(r) Enter into any agreement or contract, execute any instrument,
35and perform any act or thing necessary or convenient to, directly
36or indirectly, secure the bank’s bonds, the bonds issued by a special
37purpose trust, or a sponsor’s obligations to the bank or to a special
38purpose trust, including, but not limited to, bonds of a sponsor
39purchased by the bank or a special purpose trust for retention or
40sale, with funds or moneys that are legally available and that are
P17   1due or payable to the sponsor by reason of any grant, allocation,
2apportionment or appropriation of the state or agencies thereof, to
3the extent that the Controller shall be the custodian at any time of
4these funds or moneys, or with funds or moneys that are or will
5be legally available to the sponsor, the bank, or the state or any
6agencies thereof by reason of any grant, allocation, apportionment,
7or appropriation of the federal government or agencies thereof;
8and in the event of written notice that the sponsor has not paid or
9is in default on its obligations to the bank or a special purpose
10trust, direct the Controller to withhold payment of those funds or
11moneys from the sponsor over which it is or will be custodian and
12to pay the same to the bank or special purpose trust or their
13assignee, or direct the state or any agencies thereof to which any
14grant, allocation, apportionment or appropriation of the federal
15government or agencies thereof is or will be legally available to
16pay the same upon receipt by the bank or special purpose trust or
17their assignee, until the default has been cured and the amounts
18then due and unpaid have been paid to the bank or special purpose
19trust or their assignee, or until arrangements satisfactory to the
20bank or special purpose trust have been made to cure the default.

21(s) Enter into any agreement or contract, execute any instrument,
22and perform any act or thing necessary, convenient, or appropriate
23to carry out any power expressly given to the bank by this division,
24including, but not limited to, agreements for the sale of all or any
25part, including principal, interest, redemption rights or any other
26rights or obligations, of bonds of the bank or of a special purpose
27trust, liquidity agreements, contracts commonly known as interest
28rate swap agreements, forward payment conversion agreements,
29 futures or contracts providing for payments based on levels of, or
30changes in, interest rates or currency exchange rates, or contracts
31to exchangebegin delete cash-flowsend deletebegin insert cashflowsend insert or a series of payments, or
32contracts, including options, puts or calls to hedge payments, rate,
33spread, currency exchange, or similar exposure, or any other
34financial instrument commonly known as a structured financial
35product.

36(t) Purchase, with the proceeds of the bank’s bonds, transition
37property or bonds issued by, or for the benefit of, any sponsor in
38connection with a project, pursuant to a bond purchase agreement
39or otherwise. Bonds or transition property purchased pursuant to
40this division may be held by the bank, pledged or assigned by the
P18   1bank, or sold to public or private purchasers at public or negotiated
2sale, in whole or in part, separately or together with other bonds
3issued by the bank, and notwithstanding any other provision of
4law, may be bought by the bank at private sale.

5(u) begin insert(1)end insertbegin insertend insertEnter into purchase and sale agreements with all entities,
6public and private, including state and local government pension
7funds, with respect to the sale or purchase of bonds or transition
8property.

begin insert

9(2) Enter into development and financing agreements for
10projects within the border region, as prescribed in Article 5.5
11(commencing with Section 63047.1) of Chapter 2.

end insert

12(v) Invest any moneys held in reserve or sinking funds, or any
13moneys not required for immediate use or disbursement, in
14obligations that are authorized by law for the investment of trust
15funds in the custody of the Treasurer.

16(w) Authorize a special purpose trust or trusts to purchase or
17retain, with the proceeds of the bonds of a special purpose trust,
18transition property or bonds issued by, or for the benefit of, any
19sponsor in connection with a project or issued by the bank or a
20special purpose trust, pursuant to a bond purchase agreement or
21otherwise. Bonds or transition property purchased pursuant to this
22title may be held by a special purpose entity, pledged or assigned
23by a special purpose entity, or sold to public or private purchasers
24at public or negotiated sale, in whole or in part, with or without
25structuring, subordination or credit enhancement, separately or
26together with other bonds issued by a special purpose trust, and
27notwithstanding any other provision of law, may be bought by the
28bank or by a special purpose trust at private sale.

29(x) Approve the issuance of any bonds, notes, or other evidences
30of indebtedness by the Rural Economic Development Infrastructure
31Panel, established pursuant to Section 15373.7.

32(y) Approve the issuance of rate reduction bonds by an entity
33other than the bank or a special purpose trust to acquire transition
34property upon approval of the transaction in a financing order by
35the Public Utilities Commission, as provided in Article 5.5
36(commencing with Section 840) of Chapter 4 of Part 1 of Division
371 of the Public Utilities Code.

38(z) Apply for and accept subventions, grants, loans, advances,
39and contributions from any source of money, property, labor, or
40other things of value. The sources may include bond proceeds,
P19   1dedicated taxes, state appropriations, federal appropriations, federal
2grant and loan funds, public and private sector retirement system
3funds, and proceeds of loans from the Pooled Money Investment
4Account.

5(aa) Do all things necessary and convenient to carry out its
6purposes and exercise its powers, provided, however, that nothing
7herein shall be construed to authorize the bank to engage directly
8in the business of a manufacturing, industrial, real estate
9development, or nongovernmental service enterprise. Further, the
10bank shall not be organized to accept deposits of money for time
11or demand deposits or to constitute a bank or trust company.

12begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 63045 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
13read:end insert

14

63045.  

In order to provide or arrange for the financing of
15economic development facilities, the bank may:

16(a) Issue taxable revenue bonds pursuant to Chapter 5
17(commencing with Section 63070) to provide financing for
18economic development projects compatible with the public interest
19as specified in Section 63046.

20(b) Issue taxable revenue bonds pursuant to Chapter 5
21(commencing with Section 63070) to provide financing for the
22revolving loan funds and economic development projects of small
23business development corporations, local economic development
24corporations, community development corporations,begin insert community
25development financial institutions,end insert
and nonprofit organizations,
26which revolving loan funds and economic development projects
27shall be compatible with the public interest.

28(c) Issue tax-exempt revenue bonds pursuant to Chapter 5
29(commencing with Section 63070) to provide financing for
30economic development facilities as permitted by federal law and
31in accordance with applicable California law relating to the
32distribution of state allocations for private activity bonds. Projects
33so financed shall be compatible with the public interest as specified
34in Section 63046.

35(d) Issue tax-exempt revenue bonds pursuant to Chapter 5
36(commencing with Section 63070) for economic development
37facilities of public sector and nonprofit organizations qualifying
38for exemption under federal law.

P20   1begin insert

begin insertSEC. 6.end insert  

end insert

begin insertArticle 5.5 (commencing with Section 63047.1) is added
2to Chapter 2 of Division 1 of Title 6.7 of the end insert
begin insertGovernment Codeend insertbegin insert,
3to read:end insert

begin insert

4 

5Article begin insert5.5.end insert  Binational Financing Authority
6

 

7

begin insert63047.1.end insert  

The bank is hereby authorized to establish and
8participate in a binational financing authority for the purpose of
9facilitating and supporting the economic development of
10communities within both sides of the border region, thereby
11advancing job opportunities for the economic well-being of the
12people of California. Other participants in the authority may
13include, but are not limited to, cities, counties, and other local
14government entities within the Imperial Valley, San Diego County,
15the Coachella Valley, the North American Development Bank, and
16governmental entities within the border region of Mexico.

17

begin insert63047.2.end insert  

(a) The bank may enter into an agreement with any
18federal, state, local, or foreign economic and infrastructure
19authority for the purpose of developing projects that include, but
20are not limited to, predevelopment, economic development, and
21goods movement-related infrastructure that benefit communities
22within the border region. The bank’s purpose is to serve a role
23that is similar to the North American Development Bank.

24(b) All projects funded pursuant to this article shall be consistent
25with and included within an economic development plan that has
26been jointly developed with participation from government,
27business, and other stakeholders from the State of California and
28the States of Baja and Sonora, Mexico. Participation by federal
29 representatives is encouraged but not required. The purpose of
30the plan shall be to identify synergistic opportunities to address
31existing problems and to meet the future needs of border crossings
32along the California and Mexico border in order to support trade
33and tourism.

34(c) The bank shall develop guidelines for the selection, review,
35and approval of projects within the border region.

36(d) The bank shall report on its activities under this article as
37part of its report pursuant to Section 63035.

38(e) The bank shall have all of the powers that it has under
39Section 63025.1 to implement this article, including, but not limited
40to, the authority to receive and accept from any public or private
P21   1source, loans, contributions, or grants, in money, property, labor,
2or other things of value, for, or in aid of, a project, or any portion
3thereof.

4(f) Bank funds under this article shall not be used to finance the
5construction of a project outside of California unless those moneys
6have come from a source other than the bank, including, but not
7limited to, the North American Development Bank, the
8Export-Import Bank of the United States, or the United States
9Department of State.

10(g) Funds from the state General Fund shall not be used to
11finance the activities authorized by this article.

12

begin insert63047.3.end insert  

(a) The bank may issue taxable or tax-exempt revenue
13bonds pursuant to Chapter 5 (commencing with Section 63070)
14and deposit the proceeds from the bonds into the Binational
15Development Account, which is hereby created, within the
16California Infrastructure and Economic Development Bank Fund,
17established pursuant to Section 63050. The bank may use the
18proceeds to refund bonds previously issued under this article. Bond
19proceeds may also be used to fund necessary reserves, capitalized
20interest, or costs of issuance.

21(b) Except as may be provided in the governing documents with
22respect to bond anticipation notes, each of the bonds issued under
23this article shall, to the extent provided in the governing documents,
24be payable from, and secured by, all or a portion of the revenues
25in the account and the assets of the fund, to the extent the revenues
26and assets are pledged by the board for those purposes.

27(c) Bonds issued under this article shall not be deemed to
28constitute a debt or liability of the state or of any political
29subdivision thereof, other than the bank, or a pledge of the faith
30and credit of the state or of any political subdivision, but shall be
31payable solely from the revolving fund and the assets of the
32revolving fund, and the security provided by the revolving fund.
33All bonds issued under this article shall contain on the face of the
34bonds a statement to the same effect.

35

begin insert63047.4.end insert  

Sections 63047.1, 63047.2, and 63047.3 shall become
36operative only if the executive director determines that there are
37sufficient funds available to implement this article and submits a
38letter to that effect to the Legislature.

end insert
39begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 63084 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
40read:end insert

P22   1

63084.  

(a) Any issue of revenue bonds by the bank may be
2secured and made more attractive to capital markets through
3financial instruments, including, but not limited to:

4(1) Deeds of trust on the resources, facilities, and revenues of
5the projects.

6(2) Credit enhancements, including, but not limited to, letters
7of credit, bond insurance, and surety bonds provided by private
8financial institutions.

9(3) Insurance and guarantees provided by the bank itself.

10(b) The bank may make loans to help establish and support the
11revolving loan funds of small business development corporations,
12economic development corporations, community development
13corporations, and nonprofit corporations. The loans may be made
14from any appropriate account or subaccount of the California
15Infrastructure and Economic Development Bank Fund and as
16determined by the bank.begin insert Loans may be made to a joint powers
17authority and any binational development authority undertaking
18economic and infrastructure development work within the border
19region to the extent that at least one of the participants in the
20authority is a nonprofit entity in good standing in California.end insert

21begin insert

begin insertSEC. 8.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
22immediate preservation of the public peace, health, or safety within
23the meaning of Article IV of the Constitution and shall go into
24immediate effect. The facts constituting the necessity are:

end insert
begin insert

25In order to facilitate and support the economic recovery of the
26border region of California, it is necessary that this act take effect
27immediately.

end insert
begin delete
28

SECTION 1.  

This act shall be known, and may be cited, as the
29Realignment Omnibus Act of 2014.

30

SEC. 2.  

Section 3000.08 of the Penal Code is amended to read:

31

3000.08.  

(a) A person released from state prison prior to or
32on or after July 1, 2013, after serving a prison term, or whose
33sentence has been deemed served pursuant to Section 2900.5, for
34any of the following crimes is subject to parole supervision by the
35Department of Corrections and Rehabilitation and the jurisdiction
36of the court in the county in which the parolee is released, resides,
37or in which an alleged violation of supervision has occurred, for
38the purpose of hearing petitions to revoke parole and impose a
39term of custody:

P23   1(1) A serious felony as described in subdivision (c) of Section
21192.7.

3(2) A violent felony as described in subdivision (c) of Section
4667.5.

5(3) A crime for which the person was sentenced pursuant to
6paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
7of subdivision (c) of Section 1170.12.

8(4) Any crime for which the person is classified as a high-risk
9sex offender.

10(5) Any crime for which the person is required, as a condition
11of parole, to undergo treatment by the State Department of State
12Hospitals pursuant to Section 2962.

13(b) A person released from state prison on or after January 1,
142015, after serving a prison term, or whose sentence has been
15deemed served pursuant to Section 2900.5, to whom any of the
16following apply, is subject to the jurisdiction of, and parole
17supervision by, the Department of Corrections and Rehabilitation
18and the jurisdiction of the court in the county in which the parolee
19is released, resides, or in which an alleged violation of supervision
20has occurred, for the purpose of hearing petitions to revoke parole
21and impose a term of custody:

22(1) The person has a prior conviction of a serious felony
23described in subdivision (c) of Section 1192.7.

24(2) The person has a prior conviction of a violent felony
25described in subdivision (c) of Section 667.5.

26(3) The person has a prior conviction for which the person was
27sentenced pursuant to paragraph (2) of subdivision (e) of Section
28667 or paragraph (2) of subdivision (c) of Section 1170.12.

29(4) The person has a prior conviction of a crime for which the
30person was classified as a high-risk sex offender.

31(5) The person has a conviction of a crime for which the person
32was required, as a condition of parole, to undergo treatment by the
33State Department of State Hospitals pursuant to Section 2962.

34(c) Notwithstanding any other law, all other offenders released
35from prison shall be placed on postrelease supervision pursuant
36to Title 2.05 (commencing with Section 3450).

37(d) At any time during the period of parole of a person subject
38to this section, if any parole agent or peace officer has probable
39cause to believe that the parolee is violating any term or condition
40of his or her parole, the agent or officer may, without warrant or
P24   1other process and at any time until the final disposition of the case,
2arrest the person and bring him or her before the court, or the court
3may, in its discretion, issue a warrant for that person’s arrest
4pursuant to Section 1203.2.

5(e) Upon review of the alleged violation and a finding of good
6cause that the parolee has committed a violation of law or violated
7his or her conditions of parole, the supervising parole agency may
8impose additional and appropriate conditions of supervision,
9including rehabilitation and treatment services and appropriate
10incentives for compliance, and impose immediate, structured, and
11intermediate sanctions for parole violations, including flash
12incarceration in a city or a county jail. Periods of “flash
13incarceration,” as defined in subdivision (f) are encouraged as one
14method of punishment for violations of a parolee’s conditions of
15parole. This section does not preclude referrals to a reentry court
16pursuant to Section 3015.

17(f) “Flash incarceration” is a period of detention in a city or a
18county jail due to a violation of a parolee’s conditions of parole.
19The length of the detention period can range between one and 10
20consecutive days. Shorter, but if necessary more frequent, periods
21of detention for violations of a parolee’s conditions of parole shall
22appropriately punish a parolee while preventing the disruption in
23a work or home establishment that typically arises from longer
24periods of detention.

25(g) If the supervising parole agency has determined, following
26application of its assessment processes, that intermediate sanctions
27up to and including flash incarceration are not appropriate, the
28supervising parole agency shall, pursuant to Section 1203.2,
29petition either the court in the county in which the parolee is being
30supervised or the court in the county in which the alleged violation
31of supervision occurred, to revoke parole. At any point during the
32process initiated pursuant to this section, a parolee may waive, in
33writing, his or her right to counsel, admit the parole violation,
34waive a court hearing, and accept the proposed parole modification
35or revocation. The petition shall include a written report that
36contains additional information regarding the petition, including
37the relevant terms and conditions of parole, the circumstances of
38the alleged underlying violation, the history and background of
39the parolee, and any recommendations. The Judicial Council shall
40adopt forms and rules of court to establish uniform statewide
P25   1procedures to implement this subdivision, including the minimum
2contents of supervision agency reports. Upon a finding that the
3person has violated the conditions of parole, the court shall have
4authority to do any of the following:

5(1) Return the person to parole supervision with modifications
6of conditions, if appropriate, including a period of incarceration
7in county jail.

8(2) Revoke parole and order the person to confinement in the
9county jail.

10(3) Refer the person to a reentry court pursuant to Section 3015
11or other evidence-based program in the court’s discretion.

12(h) Confinement pursuant to paragraphs (1) and (2) of
13subdivision (g) shall not exceed a period of 180 days in the county
14jail.

15(i) Notwithstanding any other law, if Section 3000.1 or
16paragraph (4) of subdivision (b) of Section 3000 applies to a person
17who is on parole and the court determines that the person has
18committed a violation of law or violated his or her conditions of
19parole, the person on parole shall be remanded to the custody of
20the Department of Corrections and Rehabilitation and the
21jurisdiction of the Board of Parole Hearings for the purpose of
22future parole consideration.

23(j) Notwithstanding subdivision (a), any of the following persons
24released from state prison shall be subject to the jurisdiction of,
25and parole supervision by, the Department of Corrections and
26Rehabilitation for a period of parole up to three years or the parole
27term the person was subject to at the time of the commission of
28the offense, whichever is greater:

29(1) The person is required to register as a sex offender pursuant
30to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
311, and was subject to a period of parole exceeding three years at
32the time he or she committed a felony for which they were
33convicted and subsequently sentenced to state prison.

34(2) The person was subject to parole for life pursuant to Section
353000.1 at the time of the commission of the offense that resulted
36in a conviction and state prison sentence.

37(k) Parolees subject to this section who have a pending
38adjudication for a parole violation on July 1, 2013, are subject to
39the jurisdiction of the Board of Parole Hearings. Parole revocation
40proceedings conducted by the Board of Parole Hearings prior to
P26   1July 1, 2013, if reopened on or after July 1, 2013, are subject to
2the jurisdiction of the Board of Parole Hearings.

3(l) Except as described in subdivision (d), any person who is
4convicted of a felony that requires community supervision and
5who still has a period of state parole to serve shall discharge from
6state parole at the time of release to community supervision.

7(m)  Any person released to parole supervision pursuant to
8subdivision (a) or (b) shall, regardless of any subsequent
9determination that the person should have been released pursuant
10to subdivision (c), remain subject to subdivision (a) or (b) after
11having served 60 days under supervision pursuant to subdivision
12(a) or (b).

13

SEC. 3.  

Section 3451 of the Penal Code is amended to read:

14

3451.  

(a) Notwithstanding any other law and except for persons
15serving a prison term for any crime described in subdivision (b),
16all persons released from prison on and after October 1, 2011, or,
17whose sentence has been deemed served pursuant to Section 2900.5
18after serving a prison term for a felony shall, upon release from
19prison and for a period not exceeding three years immediately
20following release, be subject to community supervision provided
21by a county agency designated by each county’s board of
22supervisors which is consistent with evidence-based practices,
23including, but not limited to, supervision policies, procedures,
24programs, and practices demonstrated by scientific research to
25reduce recidivism among individuals under postrelease supervision.

26(b) This section shall not apply to any person released from
27prison after having served a prison term for any of the following:

28(1) A serious felony described in subdivision (c) of Section
291192.7.

30(2) A violent felony described in subdivision (c) of Section
31667.5.

32(3) A crime for which the person was sentenced pursuant to
33paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
34of subdivision (c) of Section 1170.12.

35(4) Any crime for which the person is classified as a high risk
36sex offender.

37(5) Any crime for which the person is required, as a condition
38of parole, to undergo treatment by the State Department of State
39Hospitals pursuant to Section 2962.

P27   1(c) This section shall not apply to any person released from
2prison to whom any of the following apply:

3(1) The person has a prior conviction of a serious felony
4described in subdivision (c) of Section 1192.7.

5(2) The person has a prior conviction of a violent felony
6described in subdivision (c) of Section 667.5.

7(3) The person has a prior conviction for which the person was
8sentenced pursuant to paragraph (2) of subdivision (e) of Section
9667 or paragraph (2) of subdivision (c) of Section 1170.12.

10(4) The person has a prior conviction of a crime for which the
11person was classified as a high-risk sex offender.

12(5) The person has a conviction of a crime for which the person
13was required, as a condition of parole, to undergo treatment by the
14State Department of State Hospitals pursuant to Section 2962.

15(d) (1) Postrelease supervision under this title shall be
16implemented by a county agency according to a postrelease strategy
17designated by each county’s board of supervisors.

18(2) The Department of Corrections and Rehabilitation shall
19inform every prisoner subject to the provisions of this title, upon
20release from state prison, of the requirements of this title and of
21his or her responsibility to report to the county agency responsible
22for serving that inmate. The department shall also inform persons
23serving a term of parole for a felony offense who are subject to
24this section of the requirements of this title and of his or her
25responsibility to report to the county agency responsible for serving
26that parolee. Thirty days prior to the release of any person subject
27to postrelease supervision by a county, the department shall notify
28the county of all information that would otherwise be required for
29parolees under subdivision (e) of Section 3003.

30(e) Any person released to postrelease community supervision
31pursuant to subdivision (a) shall, regardless of any subsequent
32determination that the person should have been released to parole
33pursuant to Section 3000.08, remain subject to subdivision (a) after
34having served 60 days under supervision pursuant to subdivision
35(a).

end delete


O

    94