Corrections: supervision.
SB 396
California Bills
20250SB__039698AMD INTRODUCED 2025-02-14 AMENDED_SENATE 2025-03-20 2025 SB AMD Introduced by Senator Stern LEAD_AUTHOR SENATE Stern
An act to add
Section 1203.24 to the Penal Code, relating to corrections. corrections Corrections: supervision. Existing law requires prisoners sentenced to imprisonment in the state prison to serve time on parole or community supervision after their release from prison. Existing law authorizes courts to suspend the imposition or execution of punishments in specified criminal cases and instead enforce terms of probation or mandatory supervision.
This bill would prohibit a supervision authority, as defined, from imposing a condition of supervision that prohibits a person on supervision from being in contact with any family member. The bill would authorize the supervision authority to prohibit contact if the family member is a victim of the crime for which the person on supervision was convicted, and it is deemed necessary for public safety.
The bill would require the supervision authority prohibiting contact to provide a written explanation of why the public safety and rehabilitative benefits of prohibiting contact outweigh the rights to familial association, any rehabilitative benefits from contact, and any harms to either person from prohibiting contact. By increasing duties on local governments, this bill would impose a state-mandated local program. The bill would exclude courts from the definition of a supervision authority.
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. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent.
Existing law establishes a process by which a defendant’s mental competency is evaluated and if the defendant is found incompetent to stand trial. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine if the defendant is eligible for diversion within days after the finding of incompetence.
Under existing law, if the hearing is delayed beyond days, the court is required to release the defendant on their own recognizance pending the hearing.</xhtml:p><xhtml:p>This bill would instead require that hearing to be held within days and would require, if the hearing is delayed beyond days, the court to release the defendant on their own recognizance pending the hearing.</xhtml:p>"?> MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 1203.24 is added to the Penal Code , to read: 1203.24. (
a) The Legislature finds and declares that family connection is essential to successful reentry into the community after incarceration. (
b) A supervision authority shall not impose a condition of supervision that prohibits a person on supervision from being in contact with any family member. (
c) Notwithstanding subdivision (b), if a family member is the victim of the crime for which the person on supervision was convicted, a supervision authority may prohibit contact between the victim family member and a person on supervision if deemed necessary for public safety, even if the victim family member agrees to contact.
If the victim family member agrees to contact and the supervision authority decides to prohibit contact, the supervision authority shall provide a written explanation of why the public safety and rehabilitative benefits of prohibiting contact outweigh rights to familial association, any rehabilitative benefits from contact, and any harms to either person from prohibiting contact. The supervising authority shall provide a copy of the written explanation to the person on supervision and to the family member. (
d) This
section does not prohibit the issuance or enforcement of any criminal protective order or condition of supervision established by the court. (
e) For the purposes of this section, the following
definitions apply: (1) “Family member” means a person related to the person on supervision by blood, marriage, adoption, or other legally established family relationship, including, but not limited to, foster family members. (2) “Supervision” means parole, probation, postrelease community supervision, mandatory supervision, or any other form of supervision. “Supervision” does not include incarceration in a county jail or state prison. (3) “Supervision authority” means any state, county, or local government agency that imposes conditions of supervision on a person on supervision. “Supervision authority” does not include a court. (4) “Victim” means the person who is the named victim in the charging document of an offense that ended in conviction in the current case for which the person is on supervision.
SEC. 2. 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
Part 7 (commencing with
Section 17500) of Division of Title of the Government Code. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:type="locator" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1370.01.'%5D)" xlink:label="fractionType: LAW_SECTION">Section 1370.01 of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_88D2ACD1-A98D-4572-891A-4523F35DBECF"><caml:Num>1370.01.</caml:Num><caml:LawSectionVersion id="id_EF7586D4-C04F-492D-AD84-3D8B1D0D0785"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>If the defendant is found mentally competent, the criminal process shall resume, and the trial on the offense charged or hearing on the alleged violation shall proceed.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>If the defendant is found mentally incompetent, the trial, judgment, or hearing on the alleged violation shall be suspended and the court shall conduct a hearing, pursuant to
Chapter 2.8A (commencing with
Section 1001.35) of Title 6, and, if the court deems the defendant eligible, grant diversion pursuant to
Section 1001.36 for a period not to exceed one year from the date the individual is accepted into diversion or the maximum term of imprisonment provided by law for the most serious offense charged in the misdemeanor complaint, whichever is shorter.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Notwithstanding any other law, including
Section of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a mental health diversion program in accordance with this
section includes a misdemeanor violation of
Section or of the Vehicle Code. However, this
section does not limit the authority of the Department of Motor Vehicles to take administrative action concerning the driving privileges of a person arrested for a violation of
Section or of the Vehicle Code.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The hearing shall be held no later than days after the finding of incompetence.
If the hearing is delayed beyond days, the court shall order the defendant to be released on their own recognizance pending the hearing.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>If the defendant performs satisfactorily on diversion pursuant to this section, at the end of the period of diversion, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the initial diversion.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>If the court finds the defendant ineligible for diversion based on the circumstances set forth in subdivision (b), (c), (d), or (
g) of
Section 1001.36, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine which one of the following actions the court will take:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Order modification of an existing mental health diversion treatment plan in accordance with a recommendation from the treatment provider.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Refer the defendant to assisted outpatient treatment pursuant to
Section of the Welfare and Institutions Code. A referral to assisted outpatient treatment may only occur in a county where services are available pursuant to
Section of the Welfare and Institutions Code, and the agency agrees to accept responsibility for treatment of the defendant. A hearing to determine eligibility for assisted outpatient treatment shall be held within days after the finding of incompetency. If the hearing is delayed beyond days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into assisted outpatient treatment, the charges shall be dismissed pursuant to
Section six months after the date of the referral to assisted outpatient treatment, unless the defendant’s case has been referred back to the court prior to the expiration of that time period. This
section does not alter the confidential nature of assisted outpatient treatment.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Refer the defendant to the county conservatorship investigator in the county of commitment for possible conservatorship proceedings for the defendant pursuant to
Chapter 3 (commencing with
Section 5350) of Part of Division of the Welfare and Institutions Code. A defendant shall only be referred to the conservatorship investigator if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined in subparagraph (
A) of paragraph (1) of subdivision (
h) of
Section of the Welfare and Institutions Code. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county of commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the county mental health director or the director’s designee and shall notify the county mental health director or their designee of the outcome of the proceedings. Before establishing a conservatorship, the public guardian shall investigate all available alternatives to conservatorship pursuant to
Section of the Welfare and Institutions Code. If a petition is not filed within days of the referral, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending conservatorship proceedings. If the outcome of the conservatorship proceedings results in the filing of a petition for the establishment of a temporary or permanent conservatorship, the charges shall be dismissed pursuant to
Section 1385 days after the date of the filing of the petition, unless the defendant’s case has been referred back to the court prior to the expiration of that time period. This
section does not alter the confidential nature of conservatorship proceedings.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Refer the defendant to the CARE program pursuant to
Section of the Welfare and Institutions Code. A hearing to determine eligibility for CARE shall be held within court days after the date on which the petition for the referral is filed. If the hearing is delayed beyond court days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into CARE, the charges shall be dismissed pursuant to
Section six months after the date of the referral to CARE, unless the defendant’s case has been referred back to the court prior to the expiration of that time period. This
section does not alter the confidential nature of CARE program proceedings.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>If the defendant does not qualify for services pursuant to subparagraphs (
A) to (D), inclusive, dismiss the charges.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>It is the intent of the Legislature that a defendant subject to the terms of this
section receive mental health treatment in a treatment facility and not a jail. A term of four days will be deemed to have been served for every two days spent in actual custody against the maximum period of treatment pursuant to subparagraphs (
B) and (
D) of paragraph (4) of subdivision (
b) and subparagraph (
A) of paragraph (1) of subdivision (b), if applicable. A defendant not in actual custody shall otherwise receive day for day credit against the term of treatment from the date the defendant is accepted into treatment in the event that the criminal charges have not previously been dismissed. “Actual custody” has the same meaning as in
Section 4019.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>This
section shall apply only as provided in subdivision (
b) of
Section 1367.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>It is the intent of the Legislature that the court shall consider all treatment options as provided in this
section prior to dismissing criminal charges. However, nothing in this
section limits a court’s discretion pursuant to