SB 396 California Senate · 2025-2026 Regular Session

Corrections: supervision.

Summary

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.

Issues: ✓ Criminal Justice

Bill status failed 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 14, 2025 Last action Feb 2, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

02/14/25 - Introduced → 03/20/25 - Amended Senate · 6 edits · Mar 20, 2025

MODERATE

The amended Senate version of SB 396 adds an entirely new provision (Section 1203.24, Penal Code) that prohibits parole, probation, and other supervision authorities from imposing conditions that bar a person's contact with family members, with a narrow exception for victim family members where public safety requires it. The original change shortening the mental health diversion hearing deadline from 30 to 29 days is retained but renumbered. A state mandates reimbursement section was also added, and the bill now carries a state-mandated local program designation.

SCOPE

New Section 1203.24 of the Penal Code prohibits any supervision authority (parole, probation, postrelease community supervision, mandatory supervision) from imposing a condition that prohibits a person on supervision from being in contact with any family member. Courts are explicitly excluded from the definition of 'supervision authority.'

The bill's scope expanded from solely criminal procedure (competence to stand trial) to also cover corrections and supervision policy. The legislative digest now covers both topics, and the fiscal committee and state-mandated local program designations changed from 'no' to 'yes.'

ELIGIBILITY

An exception allows a supervision authority to prohibit contact if the family member is the named victim in the charging document and the prohibition is deemed necessary for public safety, even if the victim agrees to contact. In that case, the authority must provide a written explanation balancing public safety benefits against familial association rights, rehabilitative benefits of contact, and harms of prohibiting contact.

DEFINITION

New definitions added: 'family member' (blood, marriage, adoption, or other legally established relationship including foster family), 'supervision' (parole, probation, postrelease community supervision, mandatory supervision; excludes incarceration), 'supervision authority' (any state, county, or local government agency imposing conditions; excludes courts), and 'victim' (named victim in the charging document of the current conviction).

FISCAL

A state mandates reimbursement section was added, providing that if the Commission on State Mandates determines the bill contains costs mandated by the state, reimbursement shall be made to local agencies and school districts under Government Code Part 7.

TIMELINE

The original provision shortening the mental health diversion eligibility hearing deadline from 30 days to 29 days after a finding of incompetence is retained unchanged in substance but renumbered as a later section due to the insertion of the new family contact provision.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 23, 2025

Upper · Passed

May 23 hearing: Held in committee and under submission.

upper

Apr 8, 2025

Upper · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 709.) (April 8). Re-referred to Com. on APPR.

upper

Mar 21, 2025

Upper · Passed

April 1 hearing postponed by committee.

upper

Mar 20, 2025

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

upper

Feb 26, 2025

Committee

Referred to Coms. on PUB. S. and APPR.

upper

Feb 14, 2025

Introduced

Introduced. Read first time. To Com. on RLS. for assignment. To print.

upper

1 primary · 0 co-sponsors