3069
. (a) The Department of Corrections and Rehabilitation is
hereby authorized to create the Parole Violation Intermediate
Sanctions (PVIS) program. The purpose of the program shall be to
improve the rehabilitation of parolees, reduce recidivism, reduce
prison overcrowding, and improve public safety through the use of
intermediate sanctions for offenders who violate parole. The PVIS
program will allow the department to provide parole agents an early
opportunity to intervene with parolees who are not in compliance with
the conditions of parole and facing return to prison. The program
will include key components used by drug and collaborative courts
under a highly structured model, including close supervision and
monitoring by a hearing officer, dedicated calendars, nonadversarial
proceedings, frequent appearances before the hearing officer,
utilization of incentives and sanctions, frequent drug and alcohol
testing, immediate entry into treatment and rehabilitation programs,
and close collaboration between the program, parole, and treatment to
improve offender outcomes. The program shall be local and community
based.
(b) As used in this section:
(1) "Department" means the Department of Corrections and
Rehabilitation.
(2) "Parole authority" means the Board of Parole Hearings.
(3) "Program" means the Parole Violation Intermediate Sanctions
program.
(c) (1) A parolee who is deemed eligible by the department to
participate in this program, and who would otherwise be referred to
the parole authority to have his or her parole revoked for a parole
violation shall be referred by his or her parole officer for
participation in the program in lieu of parole revocation.
(2) If the alleged violation of parole involves the 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, the parolee shall not be
eligible for referral to the program in lieu of revocation of parole.
(d) The department is authorized to establish local PVIS programs.
Each local program may have, but shall not be limited to, the
following characteristics:
(1) An assigned hearing officer who is a retired superior court
judge or commissioner and who is experienced in using the drug court
model and collaborative court model.
(2) The use of a dedicated calendar.
(3) Close coordination between the hearing officer, department,
counsel, community treatment and rehabilitation programs
participating in the program and adherence to a team approach in
working with parolees.
(4) Enhanced accountability through the use of frequent program
appearances by parolees in the program, at least one per month, with
more frequent appearances in the time period immediately following
the initial referral to the program and thereafter in the discretion
of the hearing officer.
(5) Reviews of progress by the parolee as to his or her treatment
and rehabilitation plan and abstinence from the use of drugs and
alcohol through progress reports provided by the parole agent as well
as all treatment and rehabilitation providers.
(6) Mandatory frequent drug and alcohol testing.
(7) Graduated in-custody sanctions may be imposed after a hearing
in which it is found the parolee failed treatment and rehabilitation
programs or continued in the use of drugs or alcohol while in the
program.
(8) A problemsolving focus and team approach to decisionmaking.
(9) Direct interaction between the parolee and the hearing
officer.
(10) Accessibility of the hearing officer to parole agents and
parole employees as well as treatment and rehabilitation providers.
(e) Upon successful completion of the program, the parolee shall
continue on parole, or be granted other relief as shall be determined
in the sole discretion of the department or as authorized by law.
(f) The department is authorized to develop the programs. The
parole authority is directed to convene in each county where the
programs are selected to be established, all local stakeholders,
including, but not limited to, a retired superior court judge or
commissioner, designated by the Administrative Office of the Courts,
who shall be compensated by the department at the present rate of pay
for retired judges and commissioners, local parole agents and other
parole employees, the district attorney, the public defender, an
attorney actively representing parolees in the county and a private
defense attorney designated by the public defenders association, the
county director of alcohol and drug services, behavioral health,
mental health, and any other local stakeholders deemed appropriate.
Specifically, persons directly involved in the areas of substance
abuse treatment, cognitive skills development, education, life
skills, vocational training and support, victim impact awareness,
anger management, family reunification, counseling, residential care,
placement in affordable housing, employment development and
placement are encouraged to be included in the meeting.
(g) The department, in consultation with local stakeholders, shall
develop a plan that is consistent with this section. The plan shall
address at a minimum the following components:
(1) The method by which each parolee eligible for the program
shall be referred to the program.
(2) The method by which each parolee is to be individually
assessed as to his or her treatment and rehabilitative needs and
level of community and court monitoring required, participation of
counsel, and the development of a treatment and rehabilitation plan
for each parolee.
(3) The specific treatment and rehabilitation programs that will
be made available to the parolees and the process to ensure that they
receive the appropriate level of treatment and rehabilitative
services.
(4) The criteria for continuing participation in, and successful
completion of, the program, as well as the criteria for termination
from the program and return to the parole revocation process.
(5) The development of a program team, as well as a plan for
ongoing training in utilizing the drug court and collaborative court
nonadversarial model.
(h) (1) If a parolee is referred to the program by his or her
parole agent, as specified in this section, the hearing officer in
charge of the local program to which the parolee is referred shall
determine whether the parolee will be admitted to the program.
(2) A parolee may be excluded from admission to the program if the
hearing officer determines that the parolee poses a risk to the
community or would not benefit from the program. The hearing officer
may consider the history of the offender, the nature of the
committing offense, and the nature of the violation. The hearing
officer shall state its findings, and the reasons for those findings,
on the record.
(3) If the hearing officer agrees to admit the parolee into the
program, any pending parole revocation proceedings shall be suspended
contingent upon successful completion of the program as determined
by the program hearing officer.
(i) A special condition of parole imposed as a condition of
admission into the program consisting of a residential program shall
not be established without a hearing in front of the hearing officer
in accordance with Section 3068 and regulations of the parole
authority. A special condition of parole providing an admission to
the program that does not consist of a residential component may be
established without a hearing.
(j) Implementation of this section by the department is subject to
the appropriation of funding for this purpose as provided in the
Budget Act of 2008, and subsequent budget acts.