Bill Text: CA AB231 | 2015-2016 | Regular Session | Chaptered
Bill Title: Parole: placement at release.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2015-10-05 - Chaptered by Secretary of State - Chapter 498, Statutes of 2015. [AB231 Detail]
Download: California-2015-AB231-Chaptered.html
BILL NUMBER: AB 231 CHAPTERED
BILL TEXT
CHAPTER 498
FILED WITH SECRETARY OF STATE OCTOBER 5, 2015
APPROVED BY GOVERNOR OCTOBER 5, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE MAY 26, 2015
AMENDED IN ASSEMBLY MARCH 16, 2015
INTRODUCED BY Assembly Member Eggman
(Coauthors: Assembly Members Cristina Garcia, Gonzalez, and
Waldron)
FEBRUARY 4, 2015
An act to amend Section 3003 of the Penal Code, relating to
postconviction supervised release.
LEGISLATIVE COUNSEL'S DIGEST
AB 231, Eggman. Parole: placement at release.
Existing law generally requires that an inmate released on parole
or postrelease community supervision be returned to the county of
last legal residence. Existing law provides, however, that an inmate
who is released on parole for an offense involving stalking shall not
be returned to a location within 35 miles of the victim's actual
residence or place of employment if specified criteria are satisfied.
This bill would make that provision applicable to an inmate
released on postrelease community supervision. The bill would also
authorize a supervising county agency to transfer an inmate who is
released on postrelease community supervision to another county, upon
approval of the receiving county, when the inmate cannot be placed
in his or her county of last legal residence in compliance with this
provision. The bill would make other clarifying changes. By imposing
additional duties on supervising county agencies, this bill would
impose a state-mandated local program.
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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3003 of the Penal Code is amended to read:
3003. (a) Except as otherwise provided in this section, an inmate
who is released on parole or postrelease supervision as provided by
Title 2.05 (commencing with Section 3450) shall be returned to the
county that was the last legal residence of the inmate prior to his
or her incarceration. For purposes of this subdivision, "last legal
residence" shall not be construed to mean the county wherein the
inmate committed an offense while confined in a state prison or local
jail facility or while confined for treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, as
determined by the parole consideration panel, or the Department of
Corrections and Rehabilitation setting the conditions of parole for
inmates sentenced pursuant to Section 1170, decides on a return to
another county, it shall place its reasons in writing in the parolee'
s permanent record and include these reasons in the notice to the
sheriff or chief of police pursuant to Section 3058.6. In making its
decision, the paroling authority shall consider, among others, the
following factors, giving the greatest weight to the protection of
the victim and the safety of the community:
(1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
(3) The verified existence of a work offer, or an educational or
vocational training program.
(4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
(c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to the
safety of the community and any witnesses and victims.
(d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
(e) (1) The following information, if available, shall be released
by the Department of Corrections and Rehabilitation to local law
enforcement agencies regarding a paroled inmate or inmate placed on
postrelease community supervision pursuant to Title 2.05 (commencing
with Section 3450) who is released in their jurisdictions:
(A) Last, first, and middle names.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole or placement on postrelease community
supervision and discharge.
(E) Registration status, if the inmate is required to register as
a result of a controlled substance, sex, or arson offense.
(F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the inmate.
(I) Offense or offenses for which the inmate was convicted that
resulted in parole or postrelease community supervision in this
instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
(K) Contact officer and unit, including all of the following
information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
(M) A geographic coordinate for the inmate's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
(2) Unless the information is unavailable, the Department of
Corrections and Rehabilitation shall electronically transmit to the
county agency identified in subdivision (a) of Section 3451 the
inmate's tuberculosis status, specific medical, mental health, and
outpatient clinic needs, and any medical concerns or disabilities for
the county to consider as the offender transitions onto postrelease
community supervision pursuant to Section 3450, for the purpose of
identifying the medical and mental health needs of the individual.
All transmissions to the county agency shall be in compliance with
applicable provisions of the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal
Health Information Technology for Clinical Health Act (HITECH)
(Public Law 111-005), and the implementing of privacy and security
regulations in Parts 160 and 164 of Title 45 of the Code of Federal
Regulations. This paragraph shall not take effect until the Secretary
of the United States Department of Health and Human Services, or his
or her designee, determines that this provision is not preempted by
HIPAA.
(3) Except for the information required by paragraph (2), the
information required by this subdivision shall come from the
statewide parolee database. The information obtained from each source
shall be based on the same timeframe.
(4) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system. The transfer of this information shall
be continually available to local law enforcement agencies upon
request.
(5) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
(f) Notwithstanding any other law, an inmate who is released on
parole shall not be returned to a location within 35 miles of the
actual residence of a victim of, or a witness to, a violent felony as
defined in paragraphs (1) to (7), inclusive, and paragraph (16) of
subdivision (c) of Section 667.5 or a felony in which the defendant
inflicts great bodily injury on a person other than an accomplice
that has been charged and proved as provided for in Section 12022.53,
12022.7, or 12022.9, if the victim or witness has requested
additional distance in the placement of the inmate on parole, and if
the Board of Parole Hearings or the Department of Corrections and
Rehabilitation finds that there is a need to protect the life,
safety, or well-being of a victim or witness.
(g) Notwithstanding any other law, an inmate who is released on
parole for a violation of Section 288 or 288.5 whom the Department of
Corrections and Rehabilitation determines poses a high risk to the
public shall not be placed or reside, for the duration of his or her
parole, within one-half mile of a public or private school including
any or all of kindergarten and grades 1 to 12, inclusive.
(h) Notwithstanding any other law, an inmate who is released on
parole or postrelease community supervision for a stalking offense
shall not be returned to a location within 35 miles of the victim's
actual residence or place of employment if the victim or witness has
requested additional distance in the placement of the inmate on
parole or postrelease community supervision, and if the Board of
Parole Hearings or the Department of Corrections and Rehabilitation,
or the supervising county agency, as applicable, finds that there is
a need to protect the life, safety, or well-being of the victim. If
an inmate who is released on postrelease community supervision cannot
be placed in his or her county of last legal residence in compliance
with this subdivision, the supervising county agency may transfer
the inmate to another county upon approval of the receiving county.
(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
(j) An inmate may be paroled to another state pursuant to any
other law. The Department of Corrections and Rehabilitation shall
coordinate with local entities regarding the placement of inmates
placed out of state on postrelease community supervision pursuant to
Title 2.05 (commencing with Section 3450).
(k) (1) Except as provided in paragraph (2), the Department of
Corrections and Rehabilitation shall be the agency primarily
responsible for, and shall have control over, the program, resources,
and staff implementing the Law Enforcement Automated Data System
(LEADS) in conformance with subdivision (e). County agencies
supervising inmates released to postrelease community supervision
pursuant to Title 2.05 (commencing with Section 3450) shall provide
any information requested by the department to ensure the
availability of accurate information regarding inmates released from
state prison. This information may include the issuance of warrants,
revocations, or the termination of postrelease community supervision.
On or before August 1, 2011, county agencies designated to supervise
inmates released to postrelease community supervision shall notify
the department that the county agencies have been designated as the
local entity responsible for providing that supervision.
(2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.
( l ) In addition to the requirements under subdivision
(k), the Department of Corrections and Rehabilitation shall submit
to the Department of Justice data to be included in the supervised
release file of the California Law Enforcement Telecommunications
System (CLETS) so that law enforcement can be advised through CLETS
of all persons on postrelease community supervision and the county
agency designated to provide supervision. The data required by this
subdivision shall be provided via electronic transfer.
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.
