Corrections: supervision., the official text

An act to add Section 1203.24 to the Penal Code, relating to corrections.

LEGISLATIVE COUNSEL'S DIGEST

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.

The people of the State of California do enact as follows:

SECTION 1.
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 4 of Title 2 of the Government Code.