Section 3060.9 Of Article 3. Paroles From California Penal Code >> Title 1. >> Part 3. >> Chapter 8. >> Article 3.
3060.9
. (a) The Department of Corrections and Rehabilitation is
hereby authorized to expand the use of parole programs or services to
improve the rehabilitation of parolees, reduce recidivism, reduce
prison overcrowding, and improve public safety through the following:
(1) The use of intermediate sanctions for offenders who commit a
violation of parole.
(2) The use of parole programs or services, in addition to
supervision, for any offender who is in need of services to reduce
the parolee's likelihood to reoffend.
(b) For purposes of this section, the expansion of parole programs
or services may include, but shall not be limited to, the following:
(1) Counseling.
(2) Electronic monitoring.
(3) Halfway house services.
(4) Home detention.
(5) Intensive supervision.
(6) Mandatory community service assignments.
(7) Increased drug testing.
(8) Participation in one or more components of the Preventing
Parolee Crime Program pursuant to Section 3068.
(9) Rehabilitation programs, such as substance abuse treatment.
(10) Restitution.
(c) As used in this section:
(1) "Department" means the Department of Corrections and
Rehabilitation.
(2) "Parole authority" means the Board of Parole Hearings.
(d) The department or the parole authority may assign the programs
or services specified in subdivision (b) to offenders who meet the
criteria of paragraph (1) or (2). This section shall not alter the
existing discretion of the parole authority regarding the reporting
by the department of parole violations or conditions of parole. In
exercising its authority pursuant to paragraphs (2) and (3) of
subdivision (e) and subdivision (f), the parole authority or the
department in exercising its authority pursuant to paragraph (1) of
subdivision (e) may determine an individual parolee's eligibility for
parole programs or services by considering the totality of the
circumstances including, but not limited to, the instant violation
offense, the history of parole adjustment, current commitment
offense, the risk needs assessment of the offender, and prior
criminal history, with public safety and offender accountability as
primary considerations.
(e) (1) Subject to the provisions of this section, the parole
authority, in the absence of a new conviction and commitment of the
parolee to the state prison under other provisions of law, may assign
a parolee who violates a condition of his or her parole to parole
programs or services in lieu of revocation of parole.
(2) In addition to the alternatives provided in this section, the
parole authority may, as an alternative to ordering a revoked parolee
returned to custody, suspend the period of revocation pending the
parolee's successful completion of parole programs or services
assigned by the parole authority.
(3) The department shall not establish a special condition of
parole, assigning a parolee to parole programs or services in lieu of
initiating revocation proceedings, if the department reasonably
believes that the violation of the condition of parole involves
commission of a serious felony, as defined in subdivision (c) of
Section 1192.7, or a violent felony, as defined in subdivision (c) of
Section 667.5, or involves the control or use of a firearm.
(f) A special condition of parole imposed pursuant to this section
to participate in residential programs shall not be established
without a hearing by the parole authority in accordance with Section
3068 and regulations of the parole authority. A special condition of
parole providing an assignment to a parole program or service that
does not consist of a residential component may be established
without a hearing.
(g) Expansion of parole programs or services pursuant to this
section by the department is subject to the appropriation of funding
for this purpose as provided in the Budget Act of 2007, and
subsequent budget acts.
(h) The department, in consultation with the Legislative Analyst's
Office, shall, contingent upon funding, conduct an evaluation
regarding the effect of parole programs or services on public safety,
parolee recidivism, and prison and parole costs and report the
results to the Legislature three years after funding is provided
pursuant to subdivision (g). Until that date, the department shall
report annually to the Legislature, beginning January 1, 2009,
regarding the status of the expansion of parole programs or services
and the number of offenders assigned and participating in parole
programs or services in the preceding fiscal year.