Section 646.94 Of Chapter 2. Of Other And Miscellaneous Offenses From California Penal Code >> Title 15. >> Part 1. >> Chapter 2.
646.94
. (a) Contingent upon a Budget Act appropriation, the
Department of Corrections shall ensure that any parolee convicted of
violating Section 646.9 on or after January 1, 2002, who is deemed to
pose a high risk of committing a repeat stalking offense be placed
on an intensive and specialized parole supervision program for a
period not to exceed the period of parole.
(b) (1) The program shall include referral to specialized
services, for example substance abuse treatment, for offenders
needing those specialized services.
(2) Parolees participating in this program shall be required to
participate in relapse prevention classes as a condition of parole.
(3) Parole agents may conduct group counseling sessions as part of
the program.
(4) The department may include other appropriate offenders in the
treatment program if doing so facilitates the effectiveness of the
treatment program.
(c) The program shall be established with the assistance and
supervision of the staff of the department primarily by obtaining the
services of mental health providers specializing in the treatment of
stalking patients. Each parolee placed into this program shall be
required to participate in clinical counseling programs aimed at
reducing the likelihood that the parolee will commit or attempt to
commit acts of violence or stalk their victim.
(d) The department may require persons subject to this section to
pay some or all of the costs associated with this treatment, subject
to the person's ability to pay. "Ability to pay" means the overall
capability of the person to reimburse the costs, or a portion of the
costs, of providing mental health treatment, and shall include, but
shall not be limited to, consideration of all of the following
factors:
(1) Present financial position.
(2) Reasonably discernible future financial position.
(3) Likelihood that the person shall be able to obtain employment
after the date of parole.
(4) Any other factor or factors that may bear upon the person's
financial capability to reimburse the department for the costs.
(e) For purposes of this section, a mental health provider
specializing in the treatment of stalking patients shall meet all of
the following requirements:
(1) Be a licensed clinical social worker, as defined in Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code, a clinical psychologist, as defined in
Section 1316.5 of the Health and Safety Code, or a physician and
surgeon engaged in the practice of psychiatry.
(2) Have clinical experience in the area of assessment and
treatment of stalking patients.
(3) Have two letters of reference from professionals who can
attest to the applicant's experience in counseling stalking patients.
(f) The program shall target parolees convicted of violating
Section 646.9 who meet the following conditions:
(1) The offender has been subject to a clinical assessment.
(2) A review of the offender's criminal history indicates that the
offender poses a high risk of committing further acts of stalking or
acts of violence against his or her victim or other persons upon his
or her release on parole.
(3) The parolee, based on his or her clinical assessment, may be
amenable to treatment.
(g) On or before January 1, 2006, the Department of Corrections
shall evaluate the intensive and specialized parole supervision
program and make a report to the Legislature regarding the results of
the program, including, but not limited to, the recidivism rate for
repeat stalking related offenses committed by persons placed into the
program and a cost-benefit analysis of the program.
(h) This section shall become operative upon the appropriation of
sufficient funds in the Budget Act to implement this section.