Bill Text: CA AB15 | 2013-2014 | Regular Session | Introduced
Bill Title: Department of Corrections and Rehabilitation: inmates: parole and postrelease supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB15 Detail]
Download: California-2013-AB15-Introduced.html
BILL NUMBER: AB 15 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bradford
DECEMBER 3, 2012
An act to amend Section 3003 of the Penal Code, relating to
parole.
LEGISLATIVE COUNSEL'S DIGEST
AB 15, as introduced, Bradford. Department of Corrections and
Rehabilitation: inmates: parole and postrelease supervision.
Existing law requires that an inmate released on parole or
postrelease supervision be returned to the county of last legal
residence and requires the Department of Corrections and
Rehabilitation to provide specified items of information to local law
enforcement agencies regarding an inmate paroled or placed on
postrelease supervision in their jurisdiction. Existing law also
provides that the department shall not return to prison, place a
parole hold on, or report any parole violation to the Board of Parole
Hearings regarding any person to whom all of specified criteria
apply.
This bill would require the Department of Corrections and
Rehabilitation, not less than 45 days prior to the release of such an
inmate, or as soon as practicable, to notify, via the Law
Enforcement Automated Data System (LEADS), the local law enforcement
agency of the jurisdiction to which the inmate is to be released
regarding the scheduled release.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature, because of the
state's continuing budget crisis, and its inability to provide
services to recently released unsupervised, nonrevocable parolees,
that local law enforcement, if possible, should help provide all
inmates released to their jurisdiction on unsupervised, nonrevocable
parole with information regarding services available in their
jurisdiction. Further, it is the intent of the Legislature that local
county agencies and other local services providers, to the extent
resources are available, should be encouraged to provide
unsupervised, nonrevocable parolees with services to facilitate their
successful reintegration into communities within their jurisdiction.
SEC. 2. 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
Article 4 (commencing with Section 2960) of Chapter 7
of Title 1 of Part 3 .
(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
Rehabilitation, via the Law Enforcement Automated Data
System (LEADS), to local law enforcement agencies regarding a
paroled inmate or inmate placed on postrelease supervision pursuant
to Title 2.05 (commencing with Section 3450) who is released in their
jurisdictions:
(A) Last, first, and middle name names
.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole 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 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 parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
(N) The date of the scheduled release of an inmate described in
Section 3000.03, which shall be provided not less than 45 days prior
to that release, or as soon as practicable.
(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.
(3) 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.
(4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
(f) Notwithstanding any other provision of 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 any 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 any 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 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 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 the victim.
(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 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) LEADS in conformance with
subdivision (e). County agencies supervising inmates released to
postrelease 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 supervision. On or before August 1, 2011, county agencies
designated to supervise inmates released to postrelease 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.
