Postrelease community supervision.
AB 1737
California Bills
20250AB__173799INT INTRODUCED 2026-02-05 2025 AB INT Introduced by Assembly Member Lackey (Principal coauthor: Assembly Member Petrie-Norris) (Principal coauthor: Senator Archuleta) LEAD_AUTHOR ASSEMBLY Lackey PRINCIPAL_COAUTHOR ASSEMBLY Petrie-Norris PRINCIPAL_COAUTHOR SENATE Archuleta
An act to amend Sections 3058.5, 3058.6, 3058.9, and of the Penal Code, relating to postrelease community supervision. postrelease community supervision Postrelease community supervision. Existing law requires the Department of Corrections and Rehabilitation to notify the sheriff or chief of police, or both, and the district attorney where certain parolees were convicted and are scheduled to be released of specified information related to the parolee prior to their release.
Existing law requires the department to, upon request, provide to the officials described above specified information available to the department, including photographs and fingerprints, concerning persons on parole who may be residing in that city or county, as specified. This bill would additionally require the department to notify the county chief probation officer of, or to provide upon request to the officer, as appropriate, the information described above.
Existing law subjects a person to no more than years of postrelease community supervision after release from prison or after the person’s term of imprisonment has been deemed to have been served, except as specified. Existing law requires the Department of Corrections and Rehabilitation to, among other things, inform each prisoner subject to postrelease community supervision of their responsibility to report to the county probation department. Existing law requires the department, 30 days before release, to notify the county of all information that would otherwise be required for parolees, as specified.
This bill would require the department to provide the county probation department written and verbal notification of the scheduled release date of the person and the information described above no less than days before the person’s release, and if the discharge date is set or reset for or fewer days into the future, would require the department to provide notification within business days, but no later than days before the discharge date of the person.
The bill would require the department to notify the county probation department of the county in which a person is being released of the name and contact information of the prerelease care manager, postrelease care manager, and enhanced care manager for the person being released to ensure California Advancing and Innovating Medi-Cal (CalAIM) processes are integrated with local reentry service delivery and court-ordered conditions.
The bill would require, if a county probation department identifies, prior to the release of a person, that the person’s current county of residence may be different than the county of the person’s last legal residence, the department to coordinate with the probation department to determine the person’s current county of residence and to develop coordinated plans for the release and transport of the released person to the person’s current county of residence. By increasing duties on county probation departments, this bill would impose a state-mandated local program.
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 the statutory provisions noted above. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 3058.5 of the Penal Code is amended to read: 3058.5. The Department of Corrections and Rehabilitation shall provide within days, upon request, to the chief of police of a city, the sheriff of a county, or the county chief probation officer information available to the department, including actual, glossy photographs, no smaller than 3 1 x 3 1 inches in size, and, in conjunction with the Department of Justice, fingerprints, concerning persons then on parole who are or may be residing or temporarily domiciled in that city or county.
SEC.
Section 3058.6 of the Penal Code is amended to read: 3058.6. (
a) Whenever any person confined to state prison is serving a term for the conviction of a violent felony listed in subdivision (
c) of
Section 667.5, the Department of Corrections and Rehabilitation, with respect to inmates sentenced pursuant to subdivision (
b) of
Section or pursuant to
Section 1170, shall notify the sheriff or chief of police, or both, the county chief probation officer, and the district attorney, who has jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, the county chief probation officer, and the district attorney, having jurisdiction over the community in which the person is scheduled to be released on parole or rereleased following a period of confinement pursuant to a parole revocation without a new commitment. (b)
(1) The notification shall be made by mail at least days prior to the scheduled release date, except as provided in paragraph (3). In all cases, the notification shall include the name of the person who is scheduled to be released, whether or not the person is required to register with local law enforcement, and the community in which the person will reside. The notification shall specify the office within the Department of Corrections and Rehabilitation with the authority to make final determination and adjustments regarding parole location decisions.
(2) Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation shall not restore credits nor take any administrative action resulting in an inmate being placed in a greater credit earning category that would result in notification being provided less than days prior to an inmate’s scheduled release date.
(3) When notification cannot be provided at least days prior to release due to the unanticipated release date change of an inmate as a result of an order from the court, an action by the Board of Parole Hearings, the granting of an administrative appeal, or a finding of not guilty or dismissal of a disciplinary action, that affects the sentence of the inmate, or due to a modification of the department’s decision regarding the community into which the person is scheduled to be released pursuant to paragraph (4), the department shall provide notification as soon as practicable, but in no case shall the department delay making the notification more than hours from the time the final decision is made regarding where the parolee will be released.
(4) Those agencies receiving the notice referred to in this subdivision may provide written comment to the board or department regarding the impending release. Agencies that choose to provide written comments shall respond within days prior to the inmate’s scheduled release, unless an agency received less than days’ notice of the impending release, in which case the agency shall respond as soon as practicable prior to the scheduled release.
Those comments shall be considered by the board or department which may, based on those comments, modify its decision regarding the community in which the person is scheduled to be released. The Department of Corrections and Rehabilitation shall respond in writing not less than days prior to the scheduled release with a final determination as to whether to adjust the parole location and documenting the basis for its decision, unless the department received comments less than days prior to the impending release, in which case the department shall respond as soon as practicable and prior to the scheduled release.
The comments shall become a part of the inmate’s file. (
c) If the court orders the immediate release of an inmate, the department shall notify the sheriff or chief of police, or both, the county chief probation officer, and the district attorney, having jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, the county chief probation officer, and the district attorney, having jurisdiction over the community in which the person is scheduled to be released on parole at the time of release. (d)
(1) The notification required by this
section shall be made whether or not a request has been made under
Section 3058.5.
(2) In no case shall notice required by this
section to the appropriate agency be later than the day of release on parole. If, after the 60-day notice is given to law enforcement and to the district attorney relating to an out-of-county placement, there is a change of county placement, notice to the ultimate county of placement shall be made upon the determination of the county of placement.
SEC.
Section 3058.9 of the Penal Code is amended to read: 3058.9. (
a) Whenever any person confined to state prison is serving a term for the conviction of child abuse pursuant to
Section 273a, 273ab, 273d, or any sex offense identified in statute as being perpetrated against a minor victim, or as ordered by any court, the Department of Corrections and Rehabilitation, with respect to inmates sentenced pursuant to subdivision (
b) of
Section or pursuant to
Section 1170, shall notify the sheriff or chief of police, or both, the county chief probation officer, and the district attorney, having jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, the county chief probation officer, and the district attorney having jurisdiction over the community in which the person is scheduled to be released on parole or rereleased following a period of confinement pursuant to a parole revocation without a new commitment. (b)
(1) The notification shall be made by mail at least days prior to the scheduled release date, except as provided in paragraph (3). In all cases, the notification shall include the name of the person who is scheduled to be released, whether or not the person is required to register with local law enforcement, and the community in which the person will reside. The notification shall specify the office within the Department of Corrections with the authority to make final determination and adjustments regarding parole location decisions.
(2) Notwithstanding any other provision of law, the Department of Corrections shall not restore credits nor take any administrative action resulting in an inmate being placed in a greater credit earning category that would result in notification being provided less than days prior to an inmate’s scheduled release date.
(3) When notification cannot be provided within the days due to the unanticipated release date change of an inmate as a result of an order from the court, an action by the Board of Parole Hearings, the granting of an administrative appeal, or a finding of not guilty or dismissal of a disciplinary action, that affects the sentence of the inmate, or due to a modification of the department’s decision regarding the community into which the person is scheduled to be released pursuant to paragraph (4), the department shall provide notification as soon as practicable, but in no case less than hours after the final decision is made regarding where the parolee will be released.
(4) Those agencies receiving the notice referred to in this subdivision may provide written comment to the board or department regarding the impending release. Agencies that choose to provide written comments shall respond within days prior to the inmate’s scheduled release, unless an agency received less than days’ notice of the impending release, in which case the agency shall respond as soon as practicable prior to the scheduled release.
Those comments shall be considered by the board or department, which may, based on those comments, modify its decision regarding the community in which the person is scheduled to be released. The Department of Corrections shall respond in writing not less than days prior to the scheduled release with a final determination as to whether to adjust the parole location and documenting the basis for its decision, unless the department received comments less than days prior to the impending release, in which case the department shall respond as soon as practicable prior to the scheduled release.
The comments shall become a part of the inmate’s file. (
c) If the court orders the immediate release of an inmate, the department shall notify the sheriff or chief of police, or both, the county chief probation officer, and the district attorney, having jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, the county chief probation officer, and the district attorney, having jurisdiction over the community in which the person is scheduled to be released on parole or released following a period of confinement pursuant to a parole revocation without a new commitment. (
d) The notification required by this
section shall be made whether or not a request has been made under
Section 3058.5. In no case shall notice required by this
section to the appropriate agency be later than the day of release on parole. If, after the 45-day notice is given to law enforcement and to the district attorney relating to an out-of-county placement, there is change of county placement, notice to the ultimate county of placement shall be made upon the determination of the county of placement. (
e) The notice required by this
section shall satisfy the notice required by
Section 3058.6 for any person whose offense is identified in both sections.
SEC. 4.
Section of the Penal Code is amended to read: 3451. (
a) Notwithstanding any other law and except for a person serving a prison term for a crime described in subdivision (b), a person released from prison on and after October 1, 2011, or whose sentence has been deemed served pursuant to
Section 2900.5 after serving a prison term for a felony shall, upon release from prison and for a period not exceeding three years immediately following release, be subject to community supervision provided by the probation department of the county to which the person is being released, which is consistent with evidence-based practices, including, but not limited to, supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under postrelease supervision. (
b) This
section shall not apply to a person released from prison after having served a prison term for any of the following:
(1) A serious felony described in subdivision (
c) of
Section 1192.7.
(2) A violent felony described in subdivision (
c) of
Section 667.5.
(3) A crime for which the person was sentenced pursuant to paragraph (2) of subdivision (
e) of
Section or paragraph (2) of subdivision (
c) of
Section 1170.12.
(4) A crime for which the person is classified as a high-risk sex offender.
(5) A crime for which the person is required, as a condition of parole, to undergo treatment by the State Department of State Hospitals pursuant to
Section 2962. (c)
(1) Postrelease supervision under this title shall be implemented by the county probation department according to a postrelease strategy designated by each county’s board of supervisors.
(2) The Department of Corrections and Rehabilitation shall inform every prisoner subject to the provisions of this title, upon release from state prison, of the requirements of this title and of their responsibility to report to the county probation department. The department or probation department shall also inform a person serving a term of parole or postrelease community supervision for a felony offense who is subject to this
section of the requirements of this title and of their responsibility to report to the county probation department. (3) (
A) No later than days prior to the discharge date for a person subject to postrelease community supervision, the department shall provide the county probation department written and verbal notification of the scheduled release date of the person and of all information that would otherwise be required for parolees under subdivision (
e) of
Section 3003. (
B) If a discharge date is set or reset for fewer than days after the date that the discharge date is set or reset, the department shall provide the information described in subparagraph (
A) to the county probation department no later than five business days after the date the discharge date is set or reset, but not later than days before the discharge date of the person.
(4) The department shall notify the county probation department of the name and contact information of the prerelease care manager, postrelease care manager, and enhanced care manager for the person being released to ensure California Advancing and Innovating Medi-Cal (CalAIM) processes are integrated with local reentry service delivery and court-ordered conditions.
(5) If a county probation department identifies, prior to the release of a person, that the person’s current county of residence may be different than the county of the person’s last legal residence, the Department of Corrections and Rehabilitation shall coordinate with the county probation department to determine the person’s current county of residence and to develop coordinated plans for the release and transport of the released person to the person’s current county of residence. (
d) A person released to postrelease community supervision pursuant to subdivision (
a) shall, regardless of a subsequent determination that the person should have been released to parole pursuant to
Section 3000.08, remain subject to subdivision (
a) after having served days under supervision pursuant to subdivision (a).
SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to