CA SB 396

Title: Corrections: supervision.
Author: Henry I. Stern

Summary
SB 396, as amended, Stern. Corrections: supervision. 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.Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated and if the defendant is found incompetent to stand trial. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine if the defendant is eligible for diversion within 30 days after the finding of incompetence. Under existing law, if the hearing is delayed beyond 30 days, the court is required to release the defendant on their own recognizance pending the hearing.This bill would instead require that hearing to be held within 29 days and would require, if the hearing is delayed beyond 29 days, the court to release the defendant on their own recognizance pending the hearing.

Status
May 23 hearing: Held in committee and under submission.

Bill Documents
CA SB 396 - 03/20/25 - Amended Senate
03/20/25 - CA SB 396 (03/20/25 - Amended Senate)