2009 California Penal Code - Section 3015 :: Article 2.3. Parole Reentry Accountability Program

PENAL CODE
SECTION 3015

3015.  (a) The Secretary of the Department of Corrections and
Rehabilitation shall establish a parole reentry accountability
program for parolees who have been sentenced to a term of
imprisonment under Section 1170. The purpose of the program is to
promote public safety, hold parolees accountable, and reduce
recidivism.
   (b) The department shall employ a parole violation decisionmaking
instrument to determine the most appropriate sanctions for these
parolees who violate their conditions of parole.
   (1) For purposes of this subdivision, a "parole violation
decisionmaking instrument" means a standardized tool that provides
ranges of appropriate sanctions for parole violators given relevant
case factors, including, but not limited to, offense history, risk of
reoffense based on a validated risk assessment tool, need for
treatment services, the number and type of current and prior parole
violations, and other relevant statutory requirements.
   (2) The department shall adopt emergency regulations to implement
this section initially, and shall subsequently adopt permanent
regulations that make appropriate changes in policies and procedures
to reflect the intent of this section.
   (c) The secretary shall have the discretion to establish
additional tools and standards to further the purposes of this
section.
   (d) Parolees subject to this program with a history of substance
abuse or mental illness who violate their conditions of parole may be
referred by the department to a reentry court program established
pursuant to subdivision (e).
   (1) A parolee who is deemed eligible by the department to
participate in a reentry court program may be referred by his or her
parole officer for participation in the program. The court shall have
the discretion to determine if the parolee will be admitted into the
program and, in making this determination, shall consider, among
other factors, whether the parolee will benefit from the program, the
risk the parolee poses to the community, and the history and nature
of the committing offense.
   (2) If the court determines that the parolee will be admitted into
the program, the court, with the assistance of the parolee's parole
agent, shall have exclusive authority to determine the appropriate
conditions of parole, order rehabilitation and treatment services to
be provided, determine appropriate incentives, order appropriate
sanctions, lift parole holds, and hear and determine appropriate
responses to alleged violations, unless and until the court
terminates the parolee's enrollment in the program authorized by
subdivision (e).
   (3) A reentry court program plan shall include, but not be limited
to, all of the following:
   (A) The anticipated number of parolees who will be served by the
program.
   (B) The method by which each parolee who is eligible for the
program shall be referred to the program.
   (C) The method by which each parolee is to be individually
assessed as to his or her treatment and rehabilitative needs and the
level of community and court monitoring required by the program.
   (D) The criteria for continued participation in, and successful
completion of, the program, as well as the criteria for termination
from the program and referral to the parole revocation process.
   (E) A description of how the program shall be administered
effectively.
   (F) An established method by which to report outcome measures for
program participants.
   (G) The development of a program team, as well as a plan for
ongoing training in utilizing the drug court and collaborative court
nonadversarial model.
   (e) (1) Subject to funding made available for this purpose, the
secretary shall enter into a memorandum of understanding with the
Administrative Office of the Courts for the purpose of the
establishment and operation of parolee reentry court programs. Only
courts with existing drug and mental health courts or courts that
otherwise demonstrate leadership and a commitment to conduct the
reentry court authorized by this section may participate in this
program. These parolee reentry court programs shall, with the
assistance of the parolee's parole agent, direct the treatment and
supervision of parolees who would benefit from community drug
treatment or mental health treatment. The purpose of reentry court
programs created pursuant to this subdivision is to promote public
safety, hold parolees accountable, and reduce recidivism. The program
shall include key components of drug and collaborative courts using
a highly structured model, including close supervision and
monitoring, dedicated calendars, nonadversarial proceedings, frequent
drug and alcohol testing, and close collaboration between the
respective entities involved to improve the parolee's likelihood of
success on parole.
   (2) The Judicial Council, in collaboration with the department,
shall design and perform an evaluation of the program that will
assess its effectiveness in reducing recidivism among parolees and
reducing parole revocations.
   (3) The Judicial Council, in collaboration with the department,
shall submit a final report of the findings from its evaluation of
the program to the Legislature and the Governor no later than 3 years
after the establishment of a reentry court pursuant to this section.


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