Existing law requires a prisoner who has a severe mental disorder to be treated by the State Department of State Hospitals as a condition of parole. Existing law specifies the criteria for this parole condition to apply, and allows a prisoner to request a hearing before the Board of Parole Hearings for the purpose of proving that the prisoner meets the criteria. Existing law allows a prisoner who disagrees with the determination of the Board of Parole Hearings to file a petition in court for a hearing on whether they met the criteria. Existing law provides that if the determination of the Board of Parole Hearings is reversed, the court is to stay the execution of the decision for 5 working days to allow for an orderly release of the prisoner.
Existing law requires that specified persons released from prison, after serving a prison term for a felony, be subject to postrelease community supervision provided by a county agency for a period not exceeding 3 years immediately following release.
This bill would instead provide that if the determination of the Board of Parole Hearings is reversed, the court shall stay the execution of the decision for up to 30 days to allow for an orderly release of the prisoner, as specified.
The bill would require that if the determination of the Board of Parole Hearings is reversed, the Department of Corrections and Rehabilitation, upon a determination that the individual is eligible for release pursuant to postrelease community supervision provisions, notify the probation department of the county of supervision of the pending release within 5 working days of the court order and work with the county of supervision to coordinate the orderly and safe release of the prisoner.

Statutes affected:
AB2475: 2966 PEN
02/13/24 - Introduced: 2966 PEN
03/13/24 - Amended Assembly: 2966 PEN
04/01/24 - Amended Assembly: 2966 PEN
AB 2475: 2966 PEN