BILL NUMBER: SB 778 CHAPTERED 07/31/01 CHAPTER 131 FILED WITH SECRETARY OF STATE JULY 31, 2001 APPROVED BY GOVERNOR JULY 30, 2001 PASSED THE SENATE JULY 21, 2001 PASSED THE ASSEMBLY JULY 20, 2001 AMENDED IN ASSEMBLY JULY 18, 2001 AMENDED IN ASSEMBLY JUNE 21, 2001 AMENDED IN SENATE JUNE 4, 2001 AMENDED IN SENATE MAY 1, 2001 INTRODUCED BY Senator Burton (Principal coauthor: Assembly Member Washington) FEBRUARY 23, 2001 An act to amend Sections 3003, 3041, and 5075 of the Penal Code, relating to the Board of Prison Terms, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 778, Burton. Board of Prison Terms. Under existing law, the Board of Prison Terms may parole certain inmates to counties other than the county of the inmates' last legal residence for specified reasons. This bill would specify that the decision of the Board of Prison Terms as to whether to return an inmate to a county other than the county of the inmate's last legal residence is determined by parole consideration panels. Existing law provides that the Board of Prison Terms, composed of 9 commissioners, generally has the power to grant, deny, revoke, or suspend the parole of inmates, and to place conditions on the granting of that parole, as specified. Existing law requires that in the case of any prisoner sentenced pursuant to any provision of law, except as specified, the Board of Prison Terms meet with each inmate during the 3rd year of incarceration for the purposes of reviewing the inmate's file, making recommendations, and documenting activities and conduct pertinent to granting or withholding postconviction credit. One year prior to the inmate's minimum eligible parole release date a panel consisting of at least 2 commissioners of the Board of Prison Terms is required to again meet with the inmate and to set a parole release date, as specified. This bill would authorize, notwithstanding specified provisions, on an emergency basis, and only until December 31, 2003, life parole consideration hearings or life rescission hearings to be conducted by 2-person panels consisting of at least one commissioner in order to allow the board to increase the number of hearings conducted each month to eliminate the backlog of inmates awaiting a parole consideration hearing. This bill would also require that each commissioner participate in hearings each workday, except as specified. This bill would also require that all parole consideration panels consist only of commissioners and deputy commissioners of the Board of Prison Terms. In addition, this bill would provide that parole panel decisions shall become final within 120 days unless reconsidered by the board for specified reasons. In addition, this bill would require the board to issue a monthly report regarding scheduled hearings and hearing backlog. This bill would also direct the State Personnel Board to conduct an investigation and review of the Board of Prison Terms, with particular emphasis on the Deputy Commissioner classification, and to prepare a report regarding the review. This bill would also appropriate $31,743,000 for support of the Board of Prison Terms in augmentation of the Budget Act of 2001. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. 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 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 Prison Terms 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 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, 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 to local law enforcement agencies regarding a paroled inmate who is released in their jurisdictions: (A) Last, first, and middle name. (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. (2) The information required by this subdivision shall come from the statewide parolee data base. 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, 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 Prison Terms or the Department of Corrections 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 any violation of Section 288 or 288.5 shall not be placed or reside, for the duration of his or her period of parole, within one-quarter mile of any school including any or all of kindergarten and grades 1 to 6, 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 Prison Terms or the Department of Corrections 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. (k) (1) Except as provided in paragraph (2), the Department of Corrections 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). (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. SEC. 2. Section 3041 of the Penal Code is amended to read: 3041. (a) In the case of any prisoner sentenced pursuant to any provision of law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Prison Terms shall meet with each inmate during the third year of incarceration for the purposes of reviewing the inmate's file, making recommendations, and documenting activities and conduct pertinent to granting or withholding post-conviction credit. One year prior to the inmate's minimum eligible parole release date a panel consisting of at least two commissioners of the Board of Prison Terms shall again meet with the inmate and shall normally set a parole release date as provided in Section 3041.5. The panel shall consist solely of commissioners or deputy commissioners from the Board of Prison Terms. The release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude in respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to the setting of parole release dates. The board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of the crime for which the prisoner was sentenced and other factors in mitigation or aggravation of the crime. At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole to the full board for an en banc hearing. In case of a review, a majority vote of the full Board of Prison Terms in favor of parole is required to grant parole to any prisoner. (b) The panel or board shall set a release date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual, and that a parole date, therefore, cannot be fixed at this meeting. After the effective date of this subdivision, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panel's decision. The panel's decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panel's decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing. No decision of the parole panel shall be disapproved and referred for rehearing except by a majority vote of the board following a public hearing. (c) For the purpose of reviewing the suitability for parole of those prisoners eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each prisoner until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2. (d) Notwithstanding subdivision (a) and Section 5076.1, on an emergency basis, and only until December 31, 2003, life parole consideration hearings or life rescission hearings may be conducted by two-person panels consisting of at least one commissioner. In the event of a tie vote, the matter shall be referred to the full board for a decision. It is the intent of the Legislature in enacting this subdivision to allow the board to increase the number of hearings conducted each month to eliminate the backlog of inmates awaiting a parole consideration hearing. The board shall report monthly on the number of hearings conducted in the previous month, the number scheduled in the current and subsequent months, the backlog of cases awaiting a hearing, and progress toward eliminating the backlog. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature monthly. SEC. 3. Section 5075 of the Penal Code is amended to read: 5075. (a) The Board of Prison Terms shall be composed of nine commissioners, each of whom shall be appointed by the Governor, with the advice and consent of the Senate, for a term of four years and until the appointment and qualification of his or her successor. Commissioners shall be eligible for reappointment. (b) The chair of the board shall be designated by the Governor from time to time. The chair shall be the administrative head of the board and shall exercise all duties and functions necessary to insure that the responsibilities of the board are successfully discharged. He or she shall be the appointing authority for all civil service positions of employment in the board. (c) The terms of the commissioners shall expire as follows: two on March 15, 1978, two on March 15, 1979, two on March 15, 1980, and three on March 15, 1981. Successor commissioners shall hold office for terms of four years, each term to commence on the expiration date of the term of the predecessor. The Governor shall fill every vacancy for the balance of the unexpired term. The selection of persons and their appointment by the Governor and confirmation by the Senate shall reflect as nearly as possible a cross section of the racial, sexual, economic, and geographic features of the population of the state. It is the further intent of this section that the board shall adopt policies and practices as will permit continuing operations and improvements without any further increase in the number of its commissioners. (d) Each commissioner shall participate in hearings on each workday, except when it is necessary for a commissioner to attend training, en banc hearings or full board meetings, or other administrative business requiring the participation of the commissioner. For purposes of this subdivision, these hearings shall include parole documentation hearings, parole consideration hearings, parole rescission hearings, parole progress hearings, mentally disordered offender hearings, and sexually violent predator hearings. SEC. 4. Pursuant to Section 18670 of the Government Code, the State Personnel Board shall conduct an investigation and quality assurance review of the personnel practices of the Board of Prison Terms, with particular emphasis on the Deputy Commissioner classification, including, but not limited to, hiring, transfers, promotions, and adverse actions. The State Personnel Board shall complete the investigation and review and report to the Chair of the Senate Rules Committee, the Speaker of the Assembly, and the Governor on or before December 1, 2001. SEC. 5. There is hereby appropriated from the General Fund thirty-one million seven hundred forty-three thousand dollars ($31,743,000) in augmentation of Item 5440-001-0001 of the Budget Act of 2001 for support of the Board of Prison Terms according to the following schedule: 5440-001-0001--For support of the Board of Prison Terms ............................................. 31,743,000 Schedule: (1) Program 10 .................... 31,836,000 (2) Reimbursements ................ -93,000 The funds appropriated pursuant to this section shall only be available for expenditure during the 2001-02 fiscal year beginning July 1, 2001, and ending June 30, 2002. SEC. 6. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the Legislature to appropriate funds for the operation of the Board of Prison Terms during the 2001-02 fiscal year, and to reduce the backlog of cases awaiting a parole consideration hearing, this act must go into effect immediately.