BILL NUMBER: AB 1395	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 29, 2009

INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 27, 2009

    An act to add Section 39601.3 to the Health and Safety
Code, relating to air pollution.   An act to add Section
3005 to the Penal Code, relating to parole. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1395, as amended, Torrico.  State Air Resources Board:
regulations.   Parole: conditions.  
   Existing law authorizes the imposition of various conditions on
persons released from prison on parole. Under existing law, one of
the conditions imposed upon a prisoner released on parole is that the
prisoner agree to be subject to search or seizure by a parole
officer or other peace officer at any time of the day or night, with
or without a search warrant and with or without cause. If the
prisoner does not agree to that condition of release, he or she loses
worktime credits earned and may not be released from prison until he
or she agrees to that condition or the entire term of imprisonment
has expired, as specified.  
   This bill would, instead, require that any person being released
on parole who was not committed to prison for a registerable sex
offense, a serious felony, a violent felony, or any felony that
directly or indirectly involved violence or the threat of violence,
and who does not have a prior conviction for a serious or violent
felony, be released on parole with only two conditions. Specifically,
this bill would provide that an eligible parolee shall agree in
writing to be subject to search or seizure and submit to random drug
testing by a parole officer or other peace officer at any time of the
day or night, with or without a search warrant and with or without
cause. This bill would provide that any eligible inmate who does not
agree in writing to those conditions shall lose worktime credit
earned pursuant to specified provisions on a day-for-day basis and
shall not be released until he or she either agrees in writing to
these conditions or has no remaining worktime credit, whichever
occurs first.  
   Existing law creates the State Air Resources Board and gives to
the state board various duties relating to reducing emissions of air
pollutants, including emissions of greenhouse gases. 

   This bill would require the state board to make available to the
public all changes to draft regulations proposed for adoption by the
state board. The state board would also be required to ensure that
all public workshops undertaken pursuant to a regulatory development
and implementation process are recorded by an appropriate method, and
made available for public review. 
   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.    Section 3005 is added to the  
Penal Code   , to read:  
   3005.  (a) Notwithstanding any other provision of law, any inmate
released on parole on or after June 1, 2009, who is not required to
register as a sex offender pursuant to Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1, who was not committed to prison
for a serious felony, as defined in Section 1192.7, a violent felony,
as defined in Section 667.5, or any other felony that directly or
indirectly involved violence, and who does not have a prior
conviction for a serious or violent felony, shall be released on
parole with only two conditions; that he or she agree in writing to
be subject to search or seizure by a parole officer or other peace
officer at any time of the day or night, with or without a search
warrant and with or without cause, and that he or she agree in
writing to submit to random drug testing by a parole officer or other
peace officer at any time of the day or night, with or without a
search warrant and with or without cause.
   (b) Any inmate subject to release pursuant to subdivision (a) who
does not agree in writing to those conditions shall lose worktime
credit earned pursuant to Article 2.5 (commencing with Section 2930)
of Chapter 7 on a day-for-day basis and shall not be released until
he or she either agrees in writing to that condition or has no
remaining worktime credit, whichever occurs first.
   (c) Nothing in this section prohibits or limits any authority to
prosecute and punish a person released pursuant to subdivision (a)
for the commission of a new crime while released on parole. 

  SECTION 1.    Section 39601.3 is added to the
Health and Safety Code, to read:
   39601.3.  (a) The state board shall make available to the public
all changes to draft regulations proposed for adoption by the state
board, including, but not limited to, making this information
available on its Internet Web site and distributing the information
through list serves. The deletions from the previous proposal shall
be made in strikeout form and the additional language shall be made
in underline form to clearly indicate the manner in which the new
proposal differs from the previous proposal.
   (b) The state board shall ensure that all public workshops
undertaken pursuant to a regulatory development and implementation
process are recorded by an appropriate method, and made available for
public review.