California Legislature—2015–16 Regular Session

Assembly BillNo. 1156


Introduced by Assembly Member Brown

February 27, 2015


An act to amend Sections 1170, 1170.3, 3451, 4852.01, 4852.03, 4852.04, 4852.06, 4852.1, and 4852.21 of the Penal Code, and to amend Section 41500 of the Vehicle Code, relating to crime.

LEGISLATIVE COUNSEL’S DIGEST

AB 1156, as introduced, Brown. Imprisonment in county jail.

(1) Existing law authorizes a court to recall a sentence of imprisonment in the state prison and to resentence a defendant in the same manner as if the defendant had not previously been sentenced, upon the court’s own motion or the recommendation of the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings. Existing law prohibits the new sentence from being greater than the initial sentence and requires that credit be given for time served. Existing law provides for the resentencing or recalling of a prisoner’s sentence if the court finds that the prisoner is terminally ill or the prisoner is permanently medically incapacitated, as prescribed.

This bill would similarly authorize the court to recall a sentence of imprisonment in a county jail for a felony, upon the court’s own motion or the recommendation of the county correctional administrator, as specified. The bill would also extend the provisions for recall or resentencing for medical reasons to prisoners sentenced to county jail for a felony. By increasing the duties of county correctional administrators, this bill would impose a state-mandated local program.

(2) Existing law requires the Judicial Council to adopt rules providing criteria for the consideration of the trial judge at the time of sentencing, including the imposition of the lower, middle, or upper prison term.

This bill would require the Judicial Council to also adopt rules providing criteria for the imposition of the lower, middle, or upper term for a person sentenced to county jail for a felony and rules to determine the county or jurisdictional territory of incarceration when the court is imposing a sentence in county jail concurrent or consecutive to a sentence previously imposed in another county or jurisdictional territory.

(3) Existing law provides that a person convicted of a felony who is committed to a state prison or other state institution or agency may file a petition for a certificate of rehabilitation and pardon upon completion of a specified period of rehabilitation. Existing law provides that the period of rehabilitation commences to run upon the discharge from custody for completion of the sentence term or upon the release on parole or probation, whichever is sooner. Existing law also requires that any person to whom these provisions apply be informed in writing by the official in charge prior to his or her discharge from a state prison or other state penal institution or agency of the right to petition for a certificate of rehabilitation and pardon.

This bill would extend the right to petition for a certificate of rehabilitation and pardon to persons convicted of a felony who were committed to a county jail. The bill provides that the period of rehabilitation in that case commences upon discharge from custody or release on postrelease community supervision or mandatory supervision, whichever is sooner. The bill would require that any person to whom these provisions apply be informed in writing by the official in charge prior to his or her discharge from a county jail of the right to petition for a certificate of rehabilitation and pardon. The bill would make additional nonsubstantive changes and conforming changes, and would delete obsolete provisions. By increasing the duties of local officials, this bill would create a state-mandated local program.

(4) Existing law, subject to exceptions, prohibits a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a nonfelony offense that is pending against him or her at the time of commitment arising out of, among other things, the operation of a motor vehicle. Existing law also prohibits the driver’s license of that person from being suspended or revoked, or issuance or renewal therefor denied, as a result of a nonfelony offense pending against him or her at the time of commitment that occurred prior to the time of commitment. Existing law excepts from those prohibitions an offense committed by a person while temporarily released from custody or on parole.

This bill would extend those provisions to persons committed to a county jail for conviction of a felony. The bill would except from those prohibitions an offense committed by a person while on postrelease community supervision.

(5) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 1170 of the Penal Code, as amended by
2Section 1 of Chapter 612 of the Statutes of 2014, is amended to
3read:

4

1170.  

(a) (1) The Legislature finds and declares that the
5purpose of imprisonment for crime is punishment. This purpose
6is best served by terms proportionate to the seriousness of the
7offense with provision for uniformity in the sentences of offenders
8committing the same offense under similar circumstances. The
9Legislature further finds and declares that the elimination of
10disparity and the provision of uniformity of sentences can best be
11achieved by determinate sentences fixed by statute in proportion
12to the seriousness of the offense as determined by the Legislature
13to be imposed by the court with specified discretion.

14(2) Notwithstanding paragraph (1), the Legislature further finds
15and declares that programs should be available for inmates,
16 including, but not limited to, educational programs, that are
17designed to prepare nonviolent felony offenders for successful
18reentry into the community. The Legislature encourages the
19development of policies and programs designed to educate and
20rehabilitate nonviolent felony offenders. In implementing this
21section, the Department of Corrections and Rehabilitation is
P4    1encouraged to give priority enrollment in programs to promote
2successful return to the community to an inmate with a short
3remaining term of commitment and a release date that would allow
4him or her adequate time to complete the program.

5(3) In any case in which the punishment prescribed by statute
6for a person convicted of a public offense is a term of imprisonment
7in the state prisonbegin insert or a term pursuant to subdivision (h) of Section
81170end insert
of any specification of three time periods, the court shall
9sentence the defendant to one of the terms of imprisonment
10specified unless the convicted person is given any other disposition
11provided by law, including a fine, jail, probation, or the suspension
12of imposition or execution of sentence or is sentenced pursuant to
13subdivision (b) of Section 1168 because he or she had committed
14his or her crime prior to July 1, 1977. In sentencing the convicted
15person, the court shall apply the sentencing rules of the Judicial
16Council. The court, unless it determines that there are
17circumstances in mitigation of the punishment prescribed, shall
18also impose any other term that it is required by law to impose as
19an additional term. Nothing in this article shall affect any provision
20of law that imposes the death penalty, that authorizes or restricts
21the granting of probation or suspending the execution or imposition
22of sentence, or expressly provides for imprisonment in the state
23prison for life, except as provided in paragraph (2) of subdivision
24(d). In any case in which the amount of preimprisonment credit
25under Section 2900.5 or any otherbegin delete provision ofend delete law is equal to or
26exceeds any sentence imposed pursuant to this chapter,begin insert except for
27the remaining portion of mandatory supervision pursuant to
28subparagraph (B) of paragraph (5) of subdivision (h),end insert
the entire
29sentence shall be deemed to have been servedbegin insert, except for the
30remaining period of mandatory supervision,end insert
and the defendant
31shall not be actually delivered to the custody of the secretarybegin insert or
32to the custody of the county correctional administratorend insert
. The court
33shall advise the defendant that he or she shall servebegin delete aend deletebegin insert an applicableend insert
34 period of parolebegin insert, postrelease community supervision, or mandatory
35supervision,end insert
and order the defendant to report to the parolebegin insert or
36probationend insert
office closest to the defendant’s last legal residence,
37unless the in-custody credits equal the total sentence, including
38both confinement time and the period of parolebegin insert, postrelease
39community supervision, or mandatory supervisionend insert
. The sentence
40shall be deemed a separate prior prison termbegin delete underend deletebegin insert or a sentence
P5    1of imprisonment in a county jail under subdivision (h) for purposes
2ofend insert
Section 667.5, and a copy of the judgment and other necessary
3documentation shall be forwarded to the secretary.

4(b) When a judgment of imprisonment is to be imposed and the
5statute specifies three possible terms, the choice of the appropriate
6term shall rest within the sound discretion of the court. At least
7four days prior to the time set for imposition of judgment, either
8party or the victim, or the family of the victim if the victim is
9deceased, may submit a statement in aggravation or mitigation. In
10determining the appropriate term, the court may consider the record
11in the case, the probation officer’s report, other reports, including
12reports received pursuant to Section 1203.03, and statements in
13aggravation or mitigation submitted by the prosecution, the
14defendant, or the victim, or the family of the victim if the victim
15is deceased, and any further evidence introduced at the sentencing
16hearing. The court shall select the term which, in the court’s
17discretion, best serves the interests of justice. The court shall set
18forth on the record the reasons for imposing the term selected and
19the court may not impose an upper term by using the fact of any
20enhancement upon which sentence is imposed under any provision
21of law. A term of imprisonment shall not be specified if imposition
22of sentence is suspended.

23(c) The court shall state the reasons for its sentence choice on
24the record at the time of sentencing. The court shall also inform
25the defendant that as part of the sentence after expiration of the
26term he or she may be on parole for a period as provided in Section
273000begin insert or 3000.08 or postrelease community supervision for a period
28as provided in Section 3451end insert
.

29(d) (1) When a defendant subject to this section or subdivision
30(b) of Section 1168 has been sentenced to be imprisoned in the
31state prisonbegin insert or county jail pursuant to subdivision (h)end insert and has been
32committed to the custody of the secretarybegin insert or the county correctional
33administratorend insert
, the court may, within 120 days of the date of
34commitment on its own motion, or at any time upon the
35recommendation of the secretary or the Board of Parole Hearings
36begin insert in the case of state prison inmates, or the county correctional
37administrator in the case of county jail inmatesend insert
, recall the sentence
38and commitment previously ordered and resentence the defendant
39in the same manner as if he or she had not previously been
40sentenced, provided the new sentence, if any, is no greater than
P6    1the initial sentence. The court resentencing under this subdivision
2shall apply the sentencing rules of the Judicial Council so as to
3eliminate disparity of sentences and to promote uniformity of
4sentencing. Credit shall be given for time served.

5(2) (A) (i) When a defendant who was under 18 years of age
6at the time of the commission of the offense for which the
7defendant was sentenced to imprisonment for life without the
8possibility of parole has served at least 15 years of that sentence,
9the defendant may submit to the sentencing court a petition for
10recall and resentencing.

11(ii) Notwithstanding clause (i), this paragraph shall not apply
12to defendants sentenced to life without parole for an offense where
13the defendant tortured, as described in Section 206, his or her
14victim or the victim was a public safety official, including any law
15enforcement personnel mentioned in Chapter 4.5 (commencing
16with Section 830) of Title 3, or any firefighter as described in
17Section 245.1, as well as any other officer in any segment of law
18enforcement who is employed by the federal government, the state,
19or any of its political subdivisions.

20(B) The defendant shall file the original petition with the
21sentencing court. A copy of the petition shall be served on the
22agency that prosecuted the case. The petition shall include the
23defendant’s statement that he or she was under 18 years of age at
24the time of the crime and was sentenced to life in prison without
25the possibility of parole, the defendant’s statement describing his
26or her remorse and work towards rehabilitation, and the defendant’s
27statement that one of the following is true:

28(i) The defendant was convicted pursuant to felony murder or
29aiding and abetting murder provisions of law.

30(ii) The defendant does not have juvenile felony adjudications
31for assault or other felony crimes with a significant potential for
32personal harm to victims prior to the offense for which the sentence
33is being considered for recall.

34(iii) The defendant committed the offense with at least one adult
35codefendant.

36(iv) The defendant has performed acts that tend to indicate
37rehabilitation or the potential for rehabilitation, including, but not
38limited to, availing himself or herself of rehabilitative, educational,
39or vocational programs, if those programs have been available at
P7    1his or her classification level and facility, using self-study for
2 self-improvement, or showing evidence of remorse.

3(C) If any of the information required in subparagraph (B) is
4missing from the petition, or if proof of service on the prosecuting
5agency is not provided, the court shall return the petition to the
6defendant and advise the defendant that the matter cannot be
7considered without the missing information.

8(D) A reply to the petition, if any, shall be filed with the court
9within 60 days of the date on which the prosecuting agency was
10served with the petition, unless a continuance is granted for good
11cause.

12(E) If the court finds by a preponderance of the evidence that
13the statements in the petition are true, the court shall hold a hearing
14to consider whether to recall the sentence and commitment
15previously ordered and to resentence the defendant in the same
16manner as if the defendant had not previously been sentenced,
17provided that the new sentence, if any, is not greater than the initial
18sentence. Victims, or victim family members if the victim is
19deceased, shall retain the rights to participate in the hearing.

20(F) The factors that the court may consider when determining
21whether to recall and resentence include, but are not limited to,
22the following:

23(i) The defendant was convicted pursuant to felony murder or
24aiding and abetting murder provisions of law.

25(ii) The defendant does not have juvenile felony adjudications
26for assault or other felony crimes with a significant potential for
27personal harm to victims prior to the offense for which the sentence
28is being considered for recall.

29(iii) The defendant committed the offense with at least one adult
30codefendant.

31(iv) Prior to the offense for which the sentence is being
32considered for recall, the defendant had insufficient adult support
33or supervision and had suffered from psychological or physical
34trauma, or significant stress.

35(v) The defendant suffers from cognitive limitations due to
36mental illness, developmental disabilities, or other factors that did
37not constitute a defense, but influenced the defendant’s
38involvement in the offense.

39(vi) The defendant has performed acts that tend to indicate
40rehabilitation or the potential for rehabilitation, including, but not
P8    1limited to, availing himself or herself of rehabilitative, educational,
2or vocational programs, if those programs have been available at
3his or her classification level and facility, using self-study for
4 self-improvement, or showing evidence of remorse.

5(vii) The defendant has maintained family ties or connections
6with others through letter writing, calls, or visits, or has eliminated
7contact with individuals outside of prison who are currently
8involved with crime.

9(viii) The defendant has had no disciplinary actions for violent
10activities in the last five years in which the defendant was
11determined to be the aggressor.

12(G) The court shall have the discretion to recall the sentence
13and commitment previously ordered and to resentence the
14defendant in the same manner as if the defendant had not
15previously been sentenced, provided that the new sentence, if any,
16is not greater than the initial sentence. The discretion of the court
17shall be exercised in consideration of the criteria in subparagraph
18(B). Victims, or victim family members if the victim is deceased,
19shall be notified of the resentencing hearing and shall retain their
20rights to participate in the hearing.

21(H) If the sentence is not recalled, the defendant may submit
22another petition for recall and resentencing to the sentencing court
23when the defendant has been committed to the custody of the
24department for at least 20 years. If recall and resentencing is not
25granted under that petition, the defendant may file another petition
26after having served 24 years. The final petition may be submitted,
27and the response to that petition shall be determined, during the
2825th year of the defendant’s sentence.

29(I) In addition to the criteria in subparagraph (F), the court may
30consider any other criteria that the court deems relevant to its
31decision, so long as the court identifies them on the record,
32provides a statement of reasons for adopting them, and states why
33the defendant does or does not satisfy the criteria.

34(J) This subdivision shall have retroactive application.

35(e) (1) Notwithstanding any other law and consistent with
36paragraph (1) of subdivision (a), if the secretary or the Board of
37Parole Hearings or both determine that a prisoner satisfies the
38criteria set forth in paragraph (2), the secretary or the board may
39recommend to the court that the prisoner’s sentence be recalled.

P9    1(2) The court shall have the discretion to resentence or recall if
2the court finds that the facts described in subparagraphs (A) and
3(B) or subparagraphs (B) and (C) exist:

4(A) The prisoner is terminally ill with an incurable condition
5caused by an illness or disease that would produce death within
6six months, as determined by a physician employed by the
7department.

8(B) The conditions under which the prisoner would be released
9or receive treatment do not pose a threat to public safety.

10(C) The prisoner is permanently medically incapacitated with
11a medical condition that renders him or her permanently unable
12to perform activities of basic daily living, and results in the prisoner
13requiring 24-hour total care, including, but not limited to, coma,
14persistent vegetative state, brain death, ventilator-dependency, loss
15of control of muscular or neurological function, and that
16incapacitation did not exist at the time of the original sentencing.

17The Board of Parole Hearings shall make findings pursuant to
18this subdivision before making a recommendation for resentence
19or recall to the court. This subdivision does not apply to a prisoner
20sentenced to death or a term of life without the possibility of parole.

21(3) Within 10 days of receipt of a positive recommendation by
22the secretary or the board, the court shall hold a hearing to consider
23whether the prisoner’s sentence should be recalled.

24(4) Any physician employed by the department who determines
25that a prisoner has six months or less to live shall notify the chief
26medical officer of the prognosis. If the chief medical officer
27concurs with the prognosis, he or she shall notify the warden.
28Within 48 hours of receiving notification, the warden or the
29warden’s representative shall notify the prisoner of the recall and
30resentencing procedures, and shall arrange for the prisoner to
31designate a family member or other outside agent to be notified
32as to the prisoner’s medical condition and prognosis, and as to the
33recall and resentencing procedures. If the inmate is deemed
34mentally unfit, the warden or the warden’s representative shall
35contact the inmate’s emergency contact and provide the information
36described in paragraph (2).

37(5) The warden or the warden’s representative shall provide the
38prisoner and his or her family member, agent, or emergency
39contact, as described in paragraph (4), updated information
40throughout the recall and resentencing process with regard to the
P10   1prisoner’s medical condition and the status of the prisoner’s recall
2and resentencing proceedings.

3(6) Notwithstanding any other provisions of this section, the
4prisoner or his or her family member or designee may
5independently request consideration for recall and resentencing
6by contacting the chief medical officer at the prison or the
7secretary. Upon receipt of the request, the chief medical officer
8and the warden or the warden’s representative shall follow the
9 procedures described in paragraph (4). If the secretary determines
10that the prisoner satisfies the criteria set forth in paragraph (2), the
11secretary or board may recommend to the court that the prisoner’s
12sentence be recalled. The secretary shall submit a recommendation
13for release within 30 days in the case of inmates sentenced to
14determinate terms and, in the case of inmates sentenced to
15indeterminate terms, the secretary shall make a recommendation
16to the Board of Parole Hearings with respect to the inmates who
17have applied under this section. The board shall consider this
18information and make an independent judgment pursuant to
19paragraph (2) and make findings related thereto before rejecting
20the request or making a recommendation to the court. This action
21shall be taken at the next lawfully noticed board meeting.

22(7) Any recommendation for recall submitted to the court by
23the secretary or the Board of Parole Hearings shall include one or
24 more medical evaluations, a postrelease plan, and findings pursuant
25to paragraph (2).

26(8) If possible, the matter shall be heard before the same judge
27of the court who sentenced the prisoner.

28(9) If the court grants the recall and resentencing application,
29the prisoner shall be released by the department within 48 hours
30of receipt of the court’s order, unless a longer time period is agreed
31to by the inmate. At the time of release, the warden or the warden’s
32representative shall ensure that the prisoner has each of the
33following in his or her possession: a discharge medical summary,
34full medical records, state identification, parolebegin insert or postrelease
35community supervisionend insert
medications, and all property belonging
36to the prisoner. After discharge, any additional records shall be
37 sent to the prisoner’s forwarding address.

38(10) The secretary shall issue a directive to medical and
39correctional staff employed by the department that details the
40guidelines and procedures for initiating a recall and resentencing
P11   1procedure. The directive shall clearly state that any prisoner who
2is given a prognosis of six months or less to live is eligible for
3recall and resentencing consideration, and that recall and
4resentencing procedures shall be initiated upon that prognosis.

begin insert

5(11) The provisions of this subdivision shall be available to an
6inmate who is sentenced to a county jail pursuant to subdivision
7(h). For purposes of those inmates, “secretary” or “warden” shall
8mean the county correctional administrator and “chief medical
9officer” shall mean a physician designated by the county
10 correctional administrator for this purpose.

end insert

11(f) Notwithstanding any other provision of this section, for
12purposes of paragraph (3) of subdivision (h), any allegation that
13a defendant is eligible for state prison due to a prior or current
14conviction, sentence enhancement, or because he or she is required
15to register as a sex offender shall not be subject to dismissal
16pursuant to Section 1385.

17(g) A sentence to state prison for a determinate term for which
18only one term is specified, is a sentence to state prison under this
19section.

20(h) (1) Except as provided in paragraph (3), a felony punishable
21pursuant to this subdivision where the term is not specified in the
22underlying offense shall be punishable by a term of imprisonment
23in a county jail for 16 months, or two or three years.

24(2) Except as provided in paragraph (3), a felony punishable
25pursuant to this subdivision shall be punishable by imprisonment
26in a county jail for the term described in the underlying offense.

27(3) Notwithstanding paragraphs (1) and (2), where the defendant
28(A) has a prior or current felony conviction for a serious felony
29described in subdivision (c) of Section 1192.7 or a prior or current
30conviction for a violent felony described in subdivision (c) of
31Section 667.5, (B) has a prior felony conviction in another
32jurisdiction for an offense that has all the elements of a serious
33felony described in subdivision (c) of Section 1192.7 or a violent
34felony described in subdivision (c) of Section 667.5, (C) is required
35to register as a sex offender pursuant to Chapter 5.5 (commencing
36with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
37and as part of the sentence an enhancement pursuant to Section
38186.11 is imposed, an executed sentence for a felony punishable
39pursuant to this subdivision shall be served in state prison.

P12   1(4) Nothing in this subdivision shall be construed to prevent
2other dispositions authorized by law, including pretrial diversion,
3deferred entry of judgment, or an order granting probation pursuant
4to Section 1203.1.

5(5) (A) Unless the court finds that, in the interests of justice, it
6is not appropriate in a particular case, the court, when imposing a
7sentence pursuant to paragraph (1) or (2), shall suspend execution
8of a concluding portion of the term for a period selected at the
9court’s discretion.

10(B) The portion of a defendant’s sentenced term that is
11suspended pursuant to this paragraph shall be known as mandatory
12 supervision, and, unless otherwise ordered by the court, shall
13commence upon release from physical custody or an alternative
14custody program, whichever is later. During the period of
15mandatory supervision, the defendant shall be supervised by the
16county probation officer in accordance with the terms, conditions,
17and procedures generally applicable to persons placed on probation,
18for the remaining unserved portion of the sentence imposed by the
19court. The period of supervision shall be mandatory, and may not
20be earlier terminated except by court order. Any proceeding to
21revoke or modify mandatory supervision under this subparagraph
22shall be conducted pursuant to either subdivisions (a) and (b) of
23Section 1203.2 or Section 1203.3. During the period when the
24defendant is underbegin delete suchend deletebegin insert thatend insert supervision, unless in actual custody
25related to the sentence imposed by the court, the defendant shall
26be entitled to only actual time credit against the term of
27imprisonment imposed by the court. Any time period which is
28suspended because a person has absconded shall not be credited
29toward the period of supervision.

30(6) The sentencing changes made by the act that added this
31subdivision shall be applied prospectively to any person sentenced
32on or after October 1, 2011.

33(7) The sentencing changes made to paragraph (5) by the act
34that added this paragraph shall become effective and operative on
35January 1, 2015, and shall be applied prospectively to any person
36sentenced on or after January 1, 2015.

37(i) This section shall remain in effect only until January 1, 2017,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before that date, deletes or extends that date.

P13   1

SEC. 2.  

Section 1170 of the Penal Code, as amended by Section
22 of Chapter 612 of the Statutes of 2014, is amended to read:

3

1170.  

(a) (1) The Legislature finds and declares that the
4purpose of imprisonment for crime is punishment. This purpose
5is best served by terms proportionate to the seriousness of the
6offense with provision for uniformity in the sentences of offenders
7committing the same offense under similar circumstances. The
8Legislature further finds and declares that the elimination of
9disparity and the provision of uniformity of sentences can best be
10achieved by determinate sentences fixed by statute in proportion
11to the seriousness of the offense as determined by the Legislature
12to be imposed by the court with specified discretion.

13(2) Notwithstanding paragraph (1), the Legislature further finds
14and declares that programs should be available for inmates,
15 including, but not limited to, educational programs, that are
16designed to prepare nonviolent felony offenders for successful
17reentry into the community. The Legislature encourages the
18development of policies and programs designed to educate and
19rehabilitate nonviolent felony offenders. In implementing this
20section, the Department of Corrections and Rehabilitation is
21encouraged to give priority enrollment in programs to promote
22successful return to the community to an inmate with a short
23remaining term of commitment and a release date that would allow
24him or her adequate time to complete the program.

25(3) In any case in which the punishment prescribed by statute
26for a person convicted of a public offense is a term of imprisonment
27in the state prisonbegin insert, or a term pursuant to subdivision (h),end insert of any
28specification of three time periods, the court shall sentence the
29defendant to one of the terms of imprisonment specified unless
30the convicted person is given any other disposition provided by
31law, including a fine, jail, probation, or the suspension of
32imposition or execution of sentence or is sentenced pursuant to
33subdivision (b) of Section 1168 because he or she had committed
34his or her crime prior to July 1, 1977. In sentencing the convicted
35person, the court shall apply the sentencing rules of the Judicial
36Council. The court, unless it determines that there are
37circumstances in mitigation of the punishment prescribed, shall
38also impose any other term that it is required by law to impose as
39an additional term. Nothing in this article shall affect any provision
40of law that imposes the death penalty, that authorizes or restricts
P14   1the granting of probation or suspending the execution or imposition
2of sentence, or expressly provides for imprisonment in the state
3prison for life, except as provided in paragraph (2) of subdivision
4(d). In any case in which the amount of preimprisonment credit
5under Section 2900.5 or any other provision of law is equal to or
6exceeds any sentence imposed pursuant to this chapter,begin insert except for
7a remaining portion of mandatory supervision imposed pursuant
8to subparagraph (B) of paragraph (5) of subdivision (h),end insert
the entire
9sentence shall be deemed to have been servedbegin insert, except for the
10remaining period of mandatory supervision,end insert
and the defendant
11shall not be actually delivered to the custody of the secretarybegin insert or
12the county correctional administratorend insert
. The court shall advise the
13defendant that he or she shall servebegin delete aend deletebegin insert an applicableend insert period of
14parolebegin insert, postrelease community supervision, or mandatory
15supervisionend insert
and order the defendant to report to the parolebegin insert or
16probationend insert
office closest to the defendant’s last legal residence,
17unless the in-custody credits equal the total sentence, including
18both confinement time and the period of parolebegin insert, postrelease
19community supervision, or mandatory supervisionend insert
. The sentence
20shall be deemed a separate prior prison termbegin delete underend deletebegin insert or a sentence
21of imprisonment in a county jail under subdivision (h) for purposes
22ofend insert
Section 667.5, and a copy of the judgment and other necessary
23documentation shall be forwarded to the secretary.

24(b) When a judgment of imprisonment is to be imposed and the
25statute specifies three possible terms, the court shall order
26imposition of the middle term, unless there are circumstances in
27aggravation or mitigation of the crime. At least four days prior to
28the time set for imposition of judgment, either party or the victim,
29or the family of the victim if the victim is deceased, may submit
30a statement in aggravation or mitigation to dispute facts in the
31record or the probation officer’s report, or to present additional
32facts. In determining whether there are circumstances that justify
33imposition of the upper or lower term, the court may consider the
34record in the case, the probation officer’s report, other reports,
35including reports received pursuant to Section 1203.03, and
36statements in aggravation or mitigation submitted by the
37prosecution, the defendant, or the victim, or the family of the victim
38if the victim is deceased, and any further evidence introduced at
39the sentencing hearing. The court shall set forth on the record the
40facts and reasons for imposing the upper or lower term. The court
P15   1may not impose an upper term by using the fact of any
2enhancement upon which sentence is imposed under any provision
3of law. A term of imprisonment shall not be specified if imposition
4of sentence is suspended.

5(c) The court shall state the reasons for its sentence choice on
6the record at the time of sentencing. The court shall also inform
7the defendant that as part of the sentence after expiration of the
8term he or she may be on parole for a period as provided in Section
93000begin insert or 3000.08 or postrelease community supervision for a period
10as provided in Section 3451end insert
.

11(d) (1) When a defendant subject to this section or subdivision
12(b) of Section 1168 has been sentenced to be imprisoned in the
13state prisonbegin insert or county jail pursuant to subdivision (h)end insert and has been
14committed to the custody of the secretarybegin insert or the county correctional
15administratorend insert
, the court may, within 120 days of the date of
16commitment on its own motion, or at any time upon the
17recommendation of the secretary or the Board of Parole Hearings
18begin insert in the case of state prison inmates, or the county correctional
19administrator in the case of county jail inmatesend insert
, recall the sentence
20and commitment previously ordered and resentence the defendant
21in the same manner as if he or she had not previously been
22sentenced, provided the new sentence, if any, is no greater than
23the initial sentence. The court resentencing under this subdivision
24shall apply the sentencing rules of the Judicial Council so as to
25eliminate disparity of sentences and to promote uniformity of
26sentencing. Credit shall be given for time served.

27(2) (A) (i) When a defendant who was under 18 years of age
28at the time of the commission of the offense for which the
29defendant was sentenced to imprisonment for life without the
30possibility of parole has served at least 15 years of that sentence,
31the defendant may submit to the sentencing court a petition for
32recall and resentencing.

33(ii) Notwithstanding clause (i), this paragraph shall not apply
34to defendants sentenced to life without parole for an offense where
35the defendant tortured, as described in Section 206, his or her
36victim or the victim was a public safety official, including any law
37enforcement personnel mentioned in Chapter 4.5 (commencing
38with Section 830) of Title 3, or any firefighter as described in
39Section 245.1, as well as any other officer in any segment of law
P16   1enforcement who is employed by the federal government, the state,
2or any of its political subdivisions.

3(B) The defendant shall file the original petition with the
4sentencing court. A copy of the petition shall be served on the
5agency that prosecuted the case. The petition shall include the
6defendant’s statement that he or she was under 18 years of age at
7the time of the crime and was sentenced to life in prison without
8the possibility of parole, the defendant’s statement describing his
9or her remorse and work towards rehabilitation, and the defendant’s
10statement that one of the following is true:

11(i) The defendant was convicted pursuant to felony murder or
12aiding and abetting murder provisions of law.

13(ii) The defendant does not have juvenile felony adjudications
14for assault or other felony crimes with a significant potential for
15personal harm to victims prior to the offense for which the sentence
16is being considered for recall.

17(iii) The defendant committed the offense with at least one adult
18codefendant.

19(iv) The defendant has performed acts that tend to indicate
20rehabilitation or the potential for rehabilitation, including, but not
21limited to, availing himself or herself of rehabilitative, educational,
22or vocational programs, if those programs have been available at
23his or her classification level and facility, using self-study for
24 self-improvement, or showing evidence of remorse.

25(C) If any of the information required in subparagraph (B) is
26missing from the petition, or if proof of service on the prosecuting
27agency is not provided, the court shall return the petition to the
28defendant and advise the defendant that the matter cannot be
29considered without the missing information.

30(D) A reply to the petition, if any, shall be filed with the court
31within 60 days of the date on which the prosecuting agency was
32served with the petition, unless a continuance is granted for good
33cause.

34(E) If the court finds by a preponderance of the evidence that
35the statements in the petition are true, the court shall hold a hearing
36to consider whether to recall the sentence and commitment
37previously ordered and to resentence the defendant in the same
38manner as if the defendant had not previously been sentenced,
39provided that the new sentence, if any, is not greater than the initial
P17   1sentence. Victims, or victim family members if the victim is
2deceased, shall retain the rights to participate in the hearing.

3(F) The factors that the court may consider when determining
4whether to recall and resentence include, but are not limited to,
5the following:

6(i) The defendant was convicted pursuant to felony murder or
7aiding and abetting murder provisions of law.

8(ii) The defendant does not have juvenile felony adjudications
9for assault or other felony crimes with a significant potential for
10personal harm to victims prior to the offense for which the sentence
11is being considered for recall.

12(iii) The defendant committed the offense with at least one adult
13codefendant.

14(iv) Prior to the offense for which the sentence is being
15considered for recall, the defendant had insufficient adult support
16or supervision and had suffered from psychological or physical
17trauma, or significant stress.

18(v) The defendant suffers from cognitive limitations due to
19mental illness, developmental disabilities, or other factors that did
20not constitute a defense, but influenced the defendant’s
21involvement in the offense.

22(vi) The defendant has performed acts that tend to indicate
23rehabilitation or the potential for rehabilitation, including, but not
24limited to, availing himself or herself of rehabilitative, educational,
25or vocational programs, if those programs have been available at
26his or her classification level and facility, using self-study for
27 self-improvement, or showing evidence of remorse.

28(vii) The defendant has maintained family ties or connections
29with others through letter writing, calls, or visits, or has eliminated
30contact with individuals outside of prison who are currently
31involved with crime.

32(viii) The defendant has had no disciplinary actions for violent
33activities in the last five years in which the defendant was
34determined to be the aggressor.

35(G) The court shall have the discretion to recall the sentence
36and commitment previously ordered and to resentence the
37defendant in the same manner as if the defendant had not
38previously been sentenced, provided that the new sentence, if any,
39is not greater than the initial sentence. The discretion of the court
40shall be exercised in consideration of the criteria in subparagraph
P18   1(B). Victims, or victim family members if the victim is deceased,
2shall be notified of the resentencing hearing and shall retain their
3rights to participate in the hearing.

4(H) If the sentence is not recalled, the defendant may submit
5another petition for recall and resentencing to the sentencing court
6when the defendant has been committed to the custody of the
7department for at least 20 years. If recall and resentencing is not
8granted under that petition, the defendant may file another petition
9after having served 24 years. The final petition may be submitted,
10and the response to that petition shall be determined, during the
1125th year of the defendant’s sentence.

12(I) In addition to the criteria in subparagraph (F), the court may
13consider any other criteria that the court deems relevant to its
14decision, so long as the court identifies them on the record,
15provides a statement of reasons for adopting them, and states why
16the defendant does or does not satisfy the criteria.

17(J) This subdivision shall have retroactive application.

18(e) (1) Notwithstanding any other law and consistent with
19paragraph (1) of subdivision (a), if the secretary or the Board of
20Parole Hearings or both determine that a prisoner satisfies the
21criteria set forth in paragraph (2), the secretary or the board may
22recommend to the court that the prisoner’s sentence be recalled.

23(2) The court shall have the discretion to resentence or recall if
24the court finds that the facts described in subparagraphs (A) and
25(B) or subparagraphs (B) and (C) exist:

26(A) The prisoner is terminally ill with an incurable condition
27caused by an illness or disease that would produce death within
28six months, as determined by a physician employed by the
29department.

30(B) The conditions under which the prisoner would be released
31or receive treatment do not pose a threat to public safety.

32(C) The prisoner is permanently medically incapacitated with
33a medical condition that renders him or her permanently unable
34to perform activities of basic daily living, and results in the prisoner
35requiring 24-hour total care, including, but not limited to, coma,
36persistent vegetative state, brain death, ventilator-dependency, loss
37of control of muscular or neurological function, and that
38incapacitation did not exist at the time of the original sentencing.

39The Board of Parole Hearings shall make findings pursuant to
40this subdivision before making a recommendation for resentence
P19   1or recall to the court. This subdivision does not apply to a prisoner
2sentenced to death or a term of life without the possibility of parole.

3(3) Within 10 days of receipt of a positive recommendation by
4the secretary or the board, the court shall hold a hearing to consider
5whether the prisoner’s sentence should be recalled.

6(4) Any physician employed by the department who determines
7that a prisoner has six months or less to live shall notify the chief
8medical officer of the prognosis. If the chief medical officer
9concurs with the prognosis, he or she shall notify the warden.
10Within 48 hours of receiving notification, the warden or the
11warden’s representative shall notify the prisoner of the recall and
12resentencing procedures, and shall arrange for the prisoner to
13designate a family member or other outside agent to be notified
14as to the prisoner’s medical condition and prognosis, and as to the
15recall and resentencing procedures. If the inmate is deemed
16mentally unfit, the warden or the warden’s representative shall
17contact the inmate’s emergency contact and provide the information
18described in paragraph (2).

19(5) The warden or the warden’s representative shall provide the
20prisoner and his or her family member, agent, or emergency
21contact, as described in paragraph (4), updated information
22throughout the recall and resentencing process with regard to the
23prisoner’s medical condition and the status of the prisoner’s recall
24and resentencing proceedings.

25(6) Notwithstanding any other provisions of this section, the
26prisoner or his or her family member or designee may
27independently request consideration for recall and resentencing
28by contacting the chief medical officer at the prison or the
29secretary. Upon receipt of the request, the chief medical officer
30and the warden or the warden’s representative shall follow the
31 procedures described in paragraph (4). If the secretary determines
32that the prisoner satisfies the criteria set forth in paragraph (2), the
33secretary or board may recommend to the court that the prisoner’s
34sentence be recalled. The secretary shall submit a recommendation
35for release within 30 days in the case of inmates sentenced to
36determinate terms and, in the case of inmates sentenced to
37indeterminate terms, the secretary shall make a recommendation
38to the Board of Parole Hearings with respect to the inmates who
39have applied under this section. The board shall consider this
40information and make an independent judgment pursuant to
P20   1paragraph (2) and make findings related thereto before rejecting
2the request or making a recommendation to the court. This action
3shall be taken at the next lawfully noticed board meeting.

4(7) Any recommendation for recall submitted to the court by
5the secretary or the Board of Parole Hearings shall include one or
6 more medical evaluations, a postrelease plan, and findings pursuant
7to paragraph (2).

8(8) If possible, the matter shall be heard before the same judge
9of the court who sentenced the prisoner.

10(9) If the court grants the recall and resentencing application,
11the prisoner shall be released by the department within 48 hours
12of receipt of the court’s order, unless a longer time period is agreed
13to by the inmate. At the time of release, the warden or the warden’s
14representative shall ensure that the prisoner has each of the
15following in his or her possession: a discharge medical summary,
16full medical records, state identification, parolebegin insert or postrelease
17community supervisionend insert
medications, and all property belonging
18to the prisoner. After discharge, any additional records shall be
19 sent to the prisoner’s forwarding address.

20(10) The secretary shall issue a directive to medical and
21correctional staff employed by the department that details the
22guidelines and procedures for initiating a recall and resentencing
23procedure. The directive shall clearly state that any prisoner who
24is given a prognosis of six months or less to live is eligible for
25recall and resentencing consideration, and that recall and
26resentencing procedures shall be initiated upon that prognosis.

begin insert

27(11) The provisions of this subdivision shall be available to an
28inmate who is sentenced to a county jail pursuant to subdivision
29(h). For purposes of those inmates, “secretary” or “warden” shall
30mean the county correctional administrator and “chief medical
31officer” shall mean a physician designated by the county
32 correctional administrator for this purpose.

end insert

33(f) Notwithstanding any other provision of this section, for
34purposes of paragraph (3) of subdivision (h), any allegation that
35a defendant is eligible for state prison due to a prior or current
36conviction, sentence enhancement, or because he or she is required
37to register as a sex offender shall not be subject to dismissal
38pursuant to Section 1385.

P21   1(g) A sentence to state prison for a determinate term for which
2only one term is specified, is a sentence to state prison under this
3section.

4(h) (1) Except as provided in paragraph (3), a felony punishable
5pursuant to this subdivision where the term is not specified in the
6underlying offense shall be punishable by a term of imprisonment
7in a county jail for 16 months, or two or three years.

8(2) Except as provided in paragraph (3), a felony punishable
9pursuant to this subdivision shall be punishable by imprisonment
10in a county jail for the term described in the underlying offense.

11(3) Notwithstanding paragraphs (1) and (2), where the defendant
12(A) has a prior or current felony conviction for a serious felony
13described in subdivision (c) of Section 1192.7 or a prior or current
14conviction for a violent felony described in subdivision (c) of
15Section 667.5, (B) has a prior felony conviction in another
16jurisdiction for an offense that has all the elements of a serious
17felony described in subdivision (c) of Section 1192.7 or a violent
18felony described in subdivision (c) of Section 667.5, (C) is required
19to register as a sex offender pursuant to Chapter 5.5 (commencing
20with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
21and as part of the sentence an enhancement pursuant to Section
22186.11 is imposed, an executed sentence for a felony punishable
23pursuant to this subdivision shall be served in state prison.

24(4) Nothing in this subdivision shall be construed to prevent
25other dispositions authorized by law, including pretrial diversion,
26deferred entry of judgment, or an order granting probation pursuant
27to Section 1203.1.

28(5) (A) Unless the court finds, in the interest of justice, that it
29is not appropriate in a particular case, the court, when imposing a
30sentence pursuant to paragraph (1) or (2), shall suspend execution
31of a concluding portion of the term for a period selected at the
32court’s discretion.

33(B) The portion of a defendant’s sentenced term that is
34suspended pursuant to this paragraph shall be known as mandatory
35 supervision, and, unless otherwise ordered by the court, shall
36commence upon release from physical custody or an alternative
37custody program, whichever is later. During the period of
38mandatory supervision, the defendant shall be supervised by the
39county probation officer in accordance with the terms, conditions,
40and procedures generally applicable to persons placed on probation,
P22   1for the remaining unserved portion of the sentence imposed by the
2court. The period of supervision shall be mandatory, and may not
3be earlier terminated except by court order. Any proceeding to
4revoke or modify mandatory supervision under this subparagraph
5shall be conducted pursuant to either subdivisions (a) and (b) of
6Section 1203.2 or Section 1203.3. During the period when the
7defendant is underbegin delete suchend deletebegin insert thatend insert supervision, unless in actual custody
8related to the sentence imposed by the court, the defendant shall
9be entitled to only actual time credit against the term of
10imprisonment imposed by the court. Any time period which is
11suspended because a person has absconded shall not be credited
12toward the period of supervision.

13(6) The sentencing changes made by the act that added this
14subdivision shall be applied prospectively to any person sentenced
15on or after October 1, 2011.

16(7) The sentencing changes made to paragraph (5) by the act
17that added this paragraph shall become effective and operative on
18January 1, 2015, and shall be applied prospectively to any person
19sentenced on or after January 1, 2015.

20(i) This section shall become operative on January 1, 2017.

21

SEC. 3.  

Section 1170.3 of the Penal Code, as amended by
22Section 19 of Chapter 26 of the Statutes of 2014, is amended to
23read:

24

1170.3.  

The Judicial Council shall seek to promote uniformity
25in sentencing under Section 1170 by:

26(a) The adoption of rules providing criteria for the consideration
27of the trial judge at the time of sentencing regarding the court’s
28decision to:

29(1) Grant or deny probation.

30(2) Impose the lower, middle, or upper prison term.

begin insert

31(3) Impose the lower, middle, or upper term pursuant to
32paragraph (1) or (2) of subdivision (h) of Section 1170.

end insert
begin delete

33(3)

end delete

34begin insert(4)end insert Impose concurrent or consecutive sentences.

begin delete

35(4)

end delete

36begin insert(5)end insert Determine whether or not to impose an enhancement where
37that determination is permitted by law.

begin delete

38(5)

end delete

39begin insert(6)end insert Deny a period of mandatory supervision in the interests of
40justice under paragraph (5) of subdivision (h) of Section 1170 or
P23   1determine the appropriate period and conditions of mandatory
2supervision. The rules implementing this paragraph shall be
3adopted no later than January 1, 2015.

begin insert

4(7) Determine the county or jurisdictional territory of
5incarceration when the court is imposing a sentence pursuant to
6subdivision (h) of Section 1170 concurrent or consecutive to a
7sentence previously imposed pursuant to subdivision (h) of Section
81170 in another county or jurisdictional territory.

end insert

9(b) The adoption of rules standardizing the minimum content
10and the sequential presentation of material in probation officer
11reports submitted to the court regarding probation and mandatory
12supervision under paragraph (5) of subdivision (h) of Section 1170.

13(c) This section shall remain in effect only until January 1, 2017,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2017, deletes or extends that date.

16

SEC. 4.  

Section 1170.3 of the Penal Code, as amended by
17Section 20 of Chapter 26 of the Statutes of 2014, is amended to
18read:

19

1170.3.  

The Judicial Council shall seek to promote uniformity
20in sentencing under Section 1170 by:

21(a) The adoption of rules providing criteria for the consideration
22of the trial judge at the time of sentencing regarding the court’s
23decision to:

24(1) Grant or deny probation.

25(2) Impose the lower or upper prison term.

begin insert

26(3) Impose the lower or upper term pursuant to paragraph (1)
27or (2) of subdivision (h) of Section 1170.

end insert
begin delete

28(3)

end delete

29begin insert(4)end insert Impose concurrent or consecutive sentences.

begin delete

30(4)

end delete

31begin insert(5)end insert Determine whether or not to impose an enhancement where
32that determination is permitted by law.

begin delete

33(5)

end delete

34begin insert(6)end insert Deny a period of mandatory supervision in the interests of
35justice under paragraph (5) of subdivision (h) of Section 1170 or
36determine the appropriate period and conditions of mandatory
37supervision. The rules implementing this paragraph shall be
38adopted no later than January 1, 2015.

begin insert

39(7) Determine the county or jurisdictional territory of
40incarceration when the court is imposing a sentence pursuant to
P24   1subdivision (h) of Section 1170 concurrent or consecutive to a
2sentence previously imposed pursuant to subdivision (h) of Section
31170 in another county or jurisdictional territory.

end insert

4(b) The adoption of rules standardizing the minimum content
5and the sequential presentation of material in probation officer
6reports submitted to the court regarding probation and mandatory
7supervision under paragraph (5) of subdivision (h) of Section 1170.

8(c) This section shall become operative on January 1, 2017.

9

SEC. 5.  

Section 3451 of the Penal Code is amended to read:

10

3451.  

(a) Notwithstanding any other law and except for persons
11serving a prison term for any crime described in subdivision (b),
12all persons released from prison on and after October 1, 2011, or,
13whose sentence has been deemed served pursuant to Section 2900.5
14after serving a prison term for a felony shall, upon release from
15prison and for a period not exceeding three years immediately
16following release, be subject to community supervision provided
17bybegin delete a county agency designated by each county’s board of
18supervisorsend delete
begin insert the probation department of the county to which the
19person is being releasedend insert
which is consistent with evidence-based
20practices, including, but not limited to, supervision policies,
21procedures, programs, and practices demonstrated by scientific
22research to reduce recidivism among individuals under postrelease
23supervision.

24(b) This section shall not apply to any person released from
25prison after having served a prison term for any of the following:

26(1) A serious felony described in subdivision (c) of Section
271192.7.

28(2) A violent felony described in subdivision (c) of Section
29667.5.

30(3) A crime for which the person was sentenced pursuant to
31paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
32of subdivision (c) of Section 1170.12.

33(4) Any crime for which the person is classified as a high risk
34sex offender.

35(5) Any crime for which the person is required, as a condition
36of parole, to undergo treatment by the State Department of State
37Hospitals pursuant to Section 2962.

38(c) (1) Postrelease supervision under this title shall be
39implemented bybegin delete a county agencyend deletebegin insert the county probation departmentend insert
P25   1 according to a postrelease strategy designated by each county’s
2board of supervisors.

3(2) The Department of Corrections and Rehabilitation shall
4inform every prisoner subject to the provisions of this title, upon
5release from state prison, of the requirements of this title and of
6his or her responsibility to report to the countybegin delete agency responsible
7for serving that inmateend delete
begin insert probation departmentend insert. The departmentbegin insert or
8probation departmentend insert
shall also inform persons serving a term of
9parolebegin insert or postrelease community supervisionend insert for a felony offense
10who are subject to this section of the requirements of this title and
11of his or her responsibility to report to the countybegin delete agency
12responsible for serving that paroleeend delete
begin insert probation departmentend insert. Thirty
13days prior to the release of any person subject to postrelease
14supervision by a county, the department shall notify the county of
15all information that would otherwise be required for parolees under
16subdivision (e) of Section 3003.

17(d) begin deleteAny end deletebegin insertA end insertperson released to postrelease community supervision
18pursuant to subdivision (a) shall, regardless of any subsequent
19determination that the person should have been released to parole
20pursuant to Section 3000.08, remain subject to subdivision (a) after
21having served 60 days under supervision pursuant to subdivision
22(a).

23

SEC. 6.  

Section 4852.01 of the Penal Code is amended to read:

24

4852.01.  

(a) begin deleteAny person convicted of a felony who has been
25released from a state prison or other state penal institution or
26agency in California, whether discharged on completion of the
27term for which he or she was sentenced or released on parole prior
28to May 13, 1943, who has not been incarcerated in a state prison
29or other state penal institution or agency since his or her release,
30and who presents satisfactory evidence of a three-year residence
31in this state immediately prior to the filing of the petition for a
32certificate of rehabilitation and pardon provided for by this chapter,
33may file the petition pursuant to the provisions of this chapter.end delete

34begin delete(b)end deletebegin deleteend deletebegin deleteAny end deletebegin insertA end insertperson convicted of a felony begin delete who, on May 13, 1943,
35was confined in a state prison or other institution or agency to
36which he or she was committed and any person convicted of a
37felony after that dateend delete
who is committed to a state prison or other
38institution orbegin delete agencyend deletebegin insert agency,end insertbegin insert including commitment to a county
39jail pursuant to subdivision (h) of Section 1170,end insert
may file a petition
P26   1for a certificate of rehabilitation and pardon pursuant to the
2provisions of this chapter.

begin delete

3(c) Any

end delete

4begin insert(b)end insertbegin insertend insertbegin insertA end insertperson convicted of a felony orbegin delete anyend deletebegin insert aend insert person who is
5convicted of a misdemeanor violation of any sex offense specified
6in Section 290, the accusatory pleading of which has been
7dismissed pursuant to Section 1203.4, may file a petition for
8certificate of rehabilitation and pardon pursuant to the provisions
9of this chapter if the petitioner has not been incarcerated inbegin delete anyend deletebegin insert aend insert
10 prison, jail, detention facility, or other penal institution or agency
11since the dismissal of the accusatorybegin delete pleading andend deletebegin insert pleading,end insert is not
12on probation for the commission of any other felony, and the
13petitioner presents satisfactory evidence of fivebegin delete yearsend deletebegin insert yearsend insertbegin insertend insert
14 residence in this state prior to the filing of the petition.

begin delete

15(d)

end delete

16begin insert(end insertbegin insertc)end insert This chapterbegin delete shallend deletebegin insert doesend insert not apply to persons serving a
17mandatory life parole, persons committed under death sentences,
18persons convicted of a violation of Section 269, subdivision (c) of
19Section 286, Section 288, subdivision (c) of Section 288a, Section
20288.5, Section 288.7, or subdivision (j) of Section 289, or persons
21in military service.

begin delete

22(e)

end delete

23begin insert(end insertbegin insertd)end insert Notwithstanding any other law, the Governor has the right
24to pardon a person convicted of a violation of Section 269,
25subdivision (c) of Section 286, Section 288, subdivision (c) of
26Section 288a, Section 288.5, Section 288.7, or subdivision (j) of
27Section 289, if there are extraordinary circumstances.

28

SEC. 7.  

Section 4852.03 of the Penal Code is amended to read:

29

4852.03.  

(a) The period of rehabilitationbegin delete shall begin to runend delete
30begin insert commencesend insert upon the discharge of the petitioner from custody due
31to his or her completion of the term to which he or she was
32sentenced or upon his or her release on parolebegin insert, postrelease
33community supervision, mandatory supervision,end insert
or probation,
34whichever is sooner. For purposes of this chapter, the period of
35rehabilitation shall constitute five years’ residence in this state,
36plus a period of time determined by the following rules:

37(1) begin deleteTo the five years there shall be added end deletebegin insertAn additional end insertfour
38years in the case ofbegin delete anyend deletebegin insert aend insert person convicted of violating Section
39187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of
P27   1Section 1672 of the Military and Veterans Code, or of committing
2any other offense which carries a life sentence.

3(2) begin deleteTo the five years there shall be added end deletebegin insertAn additional end insertfive
4 years in the case ofbegin delete anyend deletebegin insert aend insert person convicted of committingbegin delete anyend deletebegin insert anend insert
5 offense or attempted offense for which sex offender registration
6is required pursuant to Section 290, exceptbegin delete for convictions for
7violationsend delete
begin insert that in the case of a person convicted of a violationend insert of
8subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3,
9311.10, orbegin delete 314. For those convictions, two years shall be added to
10the five years imposed by this section.end delete
begin insert 314, an additional two
11years.end insert

12(3) begin deleteTo the five years there shall be added end deletebegin insertAn additional end inserttwo
13years in the case ofbegin delete anyend deletebegin insert aend insert person convicted of committingbegin delete anyend deletebegin insert anend insert
14 offense that is not listed in paragraph (1) or paragraph (2) and that
15does not carry a life sentence.

16(4) The trial court hearing the application for the certificate of
17rehabilitation may, if the defendant was ordered to serve
18consecutive sentences, order thatbegin delete his or herend deletebegin insert theend insert statutory period of
19rehabilitation be extended for an additional period of time which
20when combined with the time already served will not exceed the
21period prescribed by statute for the sum of the maximum penalties
22for all the crimes.

begin delete

23(5) Any person who was discharged after completion of his or
24her term or was released on parole before May 13, 1943, is not
25subject to the periods of rehabilitation set forth in these rules.

end delete

26(b) Unless and until the period of rehabilitationbegin delete, as stipulated
27in this section,end delete
begin insert required by subdivision (a)end insert has passed, the petitioner
28shall be ineligible to file his or her petition for a certificate of
29rehabilitation with the court.begin delete Anyend deletebegin insert Aend insert certificate of rehabilitation
30that is issued and under which the petitioner has not fulfilled the
31requirements of this chapter shall be void.

32(c) A change of residence within this state does not interrupt
33the period of rehabilitation prescribed by this section.

34

SEC. 8.  

Section 4852.04 of the Penal Code is amended to read:

35

4852.04.  

Each person who may initiate the proceedings
36provided for in this chapter shall be entitled to receive counsel and
37assistance from all rehabilitative agencies, including the adult
38probation officer of the county and all state parole officers, and,
39in the case of persons underbegin delete the age of 30 years,end deletebegin insert 30 years of age,end insert
P28   1 from thebegin delete Youth Authority.end deletebegin insert Department of Corrections and
2Rehabilitation, Division of Juvenile Facilities.end insert

3

SEC. 9.  

Section 4852.06 of the Penal Code is amended to read:

4

4852.06.  

begin deleteExcept as provided in subdivision (a) of Section
54852.01, after end delete
begin insertAfter end insertthe expiration of the minimum period of
6rehabilitation applicable to him or herbegin delete (and, in the case of persons
7released upon parole or probation,end delete
begin insert andend insert after the termination of
8begin delete parole or probation), eachend deletebegin insert parole, probation, postrelease
9supervision, or mandatory supervision, aend insert
person who has complied
10with the requirements of Section 4852.05 may file in the superior
11court of the county in which he or she then resides a petition for
12ascertainment and declaration of the fact of his or her rehabilitation
13and of matters incident thereto, and for a certificate of rehabilitation
14under this chapter.begin delete No petition shallend deletebegin insert A petition shall notend insert be filed
15until and unless the petitioner has continuously resided in this state,
16after leaving prisonbegin insert or jailend insert, for a period of not less than five years
17immediately preceding the date of filing the petition.

18

SEC. 10.  

Section 4852.1 of the Penal Code is amended to read:

19

4852.1.  

begin insert(a)end insertbegin insertend insertThe court in which the petition is filed may require
20begin delete suchend delete testimony as it deems necessary, and the production, for the
21use of the court and without expense of any kind to the petitioner,
22of all records and reports relating to the petitioner and the crime
23of which hebegin insert or sheend insert was convicted, including thebegin insert following:end insert

24begin insert(1)end insertbegin insertend insertbegin insertTheend insert record of thebegin delete trial, theend deletebegin insert trial.end insert

25begin insert(2)end insertbegin insertend insertbegin insertTheend insert report of the probation officer, ifbegin delete any, theend deletebegin insert any.end insert

26begin insert(3)end insertbegin insertend insertbegin insertTheend insert records of the prison, jail, detention facilitybegin insert,end insert or other
27penal institution from which the petitioner has been released
28showing hisbegin insert or herend insert conduct during the time hebegin insert or sheend insert was there,
29begin insert includingend insert the records of the penalbegin delete institution orend deletebegin insert institution, jail, orend insert
30 agency doctor andbegin delete psychiatrist, theend deletebegin insert psychiatrist.end insert

31begin insert(4)end insertbegin insertend insertbegin insertTheend insert records of the parole officer concerningbegin delete him if heend deletebegin insert the
32petitioner if the petitionerend insert
was released on parole,begin insert records of the
33probation officer concerning the petitioner if the petitioner was
34released on postrelease community supervision or mandatory
35supervision, orend insert
the records of thebegin delete Youth Authorityend deletebegin insert end insertbegin insertDepartment of
36Corrections and Rehabilitation, Division of Juvenile Facilitiesend insert

37 concerningbegin delete him if he hasend deletebegin insert the petitioner if the petitioner hadend insert been
38committed tobegin delete the authority, andend deletebegin insert that authority.end insert

39begin insert(5)end insertbegin insertend insertbegin insertTheend insert written reports or records of any other law enforcement
40agency concerning the conduct of the petitioner sincebegin delete hisend deletebegin insert the
P29   1petitioner’send insert
release onbegin delete probation orend deletebegin insert probation,end insert parolebegin insert, postrelease
2community supervision, or mandatory supervision,end insert
or discharge
3from custody.begin delete All personsend delete

4begin insert(b)end insertbegin insertend insertbegin insertA personend insert having custody of anybegin delete suchend deletebegin insert of theend insert recordsbegin insert described
5in subdivision (a)end insert
shall make them available for the use of the court
6in the proceeding.

7

SEC. 11.  

Section 4852.21 of the Penal Code is amended to
8read:

9

4852.21.  

(a) begin deleteAny end deletebegin insertA end insertperson to whom this chapter applies shall,
10prior tobegin delete hisend delete discharge or release on parole from a state prison or
11other state penal institution or agency,begin insert or prior to discharge or
12release on postrelease communityend insert
begin insert supervision or mandatory
13supervision from a county jail,end insert
be informed in writing by the
14 official in charge of the place of confinement ofbegin delete hisend deletebegin insert the person’send insert
15 right to petition for, and of the procedure for filing the petition forbegin delete,end delete
16 and obtaining, a certificate of rehabilitation and pardon pursuant
17to this chapter.

18(b) Prior to dismissal of the accusatory pleading pursuant to
19Section 1203.4, the defendant shall be informed in writing by the
20clerk of the court dismissing the accusatory pleading of the
21defendant’s right, if any, to petition for, and of the procedure for
22filing a petition forbegin delete,end delete and obtaining, a certificate of rehabilitation
23and pardon pursuant to this chapter.

24

SEC. 12.  

Section 41500 of the Vehicle Code is amended to
25read:

26

41500.  

(a) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert be subject to prosecution for
27begin delete anyend deletebegin insert aend insert nonfelony offense arising out of the operation of a motor
28vehicle or violation of this code as a pedestrianbegin delete whichend deletebegin insert thatend insert is
29pending against himbegin insert or herend insert at the time of hisbegin insert or herend insert commitment
30to the custody of thebegin delete of Corrections or the Department of the Youth
31Authorityend delete
begin insert Secretary of the Department of Corrections and
32Rehabilitation, the Division of Juvenile Justice in the Department
33of Corrections and Rehabilitation, or to a county jail pursuant to
34subdivision (h) of Section 1170 of the Penal Codeend insert
.

35(b) Notwithstanding any otherbegin delete provisions of law to the contrary,
36noend delete
begin insert law, aend insert driver’s license shallbegin insert notend insert be suspended or revoked,begin delete nor
37shallend delete
begin insert andend insert the issuance or renewal of a licensebegin insert shall notend insert be refused
38as a result of a pending nonfelony offense occurring prior to the
39time a person was committed to the custody of thebegin delete Director of
40Corrections or the Department of the Youth Authorityend delete
begin insert Secretary
P30   1of the Department of Corrections and Rehabilitation, the Division
2of Juvenile Justice of the Department of Corrections and
3Rehabilitation, or a county jail pursuant to subdivision (h) of
4Section 1170 of the Penal Code,end insert
or as a result of a notice received
5by the department pursuant to subdivision (a) of Section 40509
6when the offensebegin delete whichend deletebegin insert thatend insert gave rise to the notice occurred prior
7to the time a person was committed to the custody of thebegin delete Director
8of Corrections or the Department of the Youth Authorityend delete
begin insert Secretary
9of the Department of Corrections and Rehabilitation or the
10Division of Juvenile Justice of the Department of Corrections and
11Rehabilitationend insert
.

12(c) The department shall remove from its recordsbegin delete anyend delete notice
13received by it pursuant to subdivision (a) of Section 40509 upon
14receipt of satisfactory evidence that a person was committed to
15the custody of thebegin delete Director of Corrections or the Department of
16the Youth Authorityend delete
begin insert Secretary of the Department of Corrections
17and Rehabilitation, the Division of Juvenile Justice of the
18Department of Corrections and Rehabilitation, or a county jail
19pursuant to subdivision (h) of Section 1170 of the Penal Code,end insert

20 after the offensebegin delete whichend deletebegin insert thatend insert gave rise to the notice occurred.

21(d) The provisions of this section shall not apply tobegin delete anyend deletebegin insert aend insert
22 nonfelony offensebegin delete whereinend deletebegin insert ifend insert the department is required by this
23code to immediately revoke or suspend the privilege ofbegin delete anyend deletebegin insert aend insert
24 person to drive a motor vehicle upon receipt of a duly certified
25abstract of the record ofbegin delete anyend deletebegin insert aend insert court showing that the person has
26been convicted of that nonfelony offense.

27(e) The provisions of subdivisions (a), (b), and (c) do not apply
28tobegin delete anyend deletebegin insert anend insert offense committed by a person while hebegin insert or sheend insert is
29temporarily released from custody pursuant to law or while hebegin insert or
30sheend insert
is on parolebegin insert or postrelease community supervisionend insert.

31(f) The provisions of subdivisions (a), (b), and (c) do not apply
32if the pending offense is a violation of Section 23103, 23152, or
3323153.

34

SEC. 13.  

If the Commission on State Mandates determines
35that this act contains costs mandated by the state, reimbursement
36to local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.



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