BILL ANALYSIS
AB 2290
Page 1
Date of Hearing: April 13, 2010
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2290 (Bradford) - As Amended: April 8, 2010
SUMMARY : Requires California Department of Corrections and
Rehabilitation (CDCR) to give notice to local law enforcement
prior to the release of parolees released on non-revocable
parole and encourages local jurisdictions to provide them with
services. Specifically, this bill :
1)Requires CDCR, not less that 45 days prior to the release of
an inmate on unsupervised, non-revocable parole, notify the
local law enforcement agency of the jurisdiction to which the
inmate is being released regarding that scheduled release.
2)States legislative intent that because of California's
continuing budget crisis and its inability to provide services
to recently released, non-revocable parolees that local law
enforcement, if possible, should help provide all inmates
released to their jurisdiction on unsupervised, non-revocable
parole with information regarding services available in their
jurisdiction. Further states legislative intent that local
county agencies and other local service providers, to the
extent that both have resources available, should be
encouraged to provide non-revocable parolees with services to
facilitate their successful re-integration into communities
within their jurisdiction.
EXISTING LAW :
1)Provides that notwithstanding any other provision of law, CDCR
shall not return to prison, place a parole hold, or report any
parole violation to the Board of Parole Hearings regarding any
person to whom all of the following criteria apply (Penal Code
Section 3000.03):
a) The person is not required to register as a sex
offender, as specified;
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b) The person was not committed to prison for a serious
felony or a violent felony (strikes), and does not have a
prior conviction for a serious felony or a violent felony
(strikes);
c) The person was not committed to prison for a sexually
violent offense, as defined, and does not have a prior
conviction for a sexually violent offense, as defined;
d) The person was not found guilty of a serious
disciplinary offense, as defined in regulation by CDCR,
during his or her current term of imprisonment;
e) The person is not a validated prison gang member or
associate, as defined in regulation by CDCR;
f) The person did not refuse to sign any written
notification of parole requirements or conditions,
including, but not limited to, the written notification of
requirements, as specified; and,
g) The person was evaluated by CDCR using a validated risk
assessment tool and was not determined to pose a high risk
to reoffend.
2)States that whenever any person confined to state prison is
serving a term for the conviction of a violent felony, the
Board of Prison Terms or the Department of Corrections (DOC)
shall notify the sheriff or chief of police, or both, and the
district attorney, who has jurisdiction over the community in
which the person was convicted and, in addition, the sheriff
or chief of police, or both, and the district attorney, having
jurisdiction over the community in which the person is
scheduled to be released on parole or rereleased following a
period of confinement pursuant to a parole revocation without
a new commitment. [Penal Code Section 3058.6(a).]
a) Provides that the notification shall be made by mail at
least 45 days prior to the scheduled release date, except
as provided. In all cases, the notification shall include
the name of the person who is scheduled to be released,
whether or not the person is required to register with
local law enforcement, and the community in which the
person will reside. The notification shall specify the
office within DOC with the authority to make final
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determination and adjustments regarding parole location
decisions. [Penal Code Section 3058.6(b)(1).]
b) States that notwithstanding any other provision of law,
DOC shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater
credit earning category that would result in notification
being provided less than 45 days prior to an inmate's
scheduled release date. [Penal Code Section 3058.6(b)(2).]
c) Provides when notification cannot be provided within the
45 days due to the unanticipated release date change of an
inmate as a result of an order from the court, an action by
the Board of Prison Terms, the granting of an
administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the
sentence of the inmate, or due to a modification of DOC's
decision regarding the community into which the person is
scheduled to be released as specified, DOC shall provide
notification as soon as practicable, but in no case less
than 24 hours after the final decision is made regarding
where the parolee will be released. [Penal Code Section
3058.6(b)(3).]
d) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or
department regarding the impending release. Agencies that
choose to provide written comments shall respond within 30
days prior to the inmate's scheduled release, unless an
agency received less than 45 days' notice of the impending
release, in which case the agency shall respond as soon as
practicable prior to the scheduled release. Those comments
shall be considered by the board or DOC which may, based on
those comments, modify its decision regarding the community
in which the person is scheduled to be released. DOC shall
respond in writing not less than 15 days prior to the
scheduled release with a final determination as to whether
to adjust the parole location and documenting the basis for
its decision, unless DOC received comments less than 30
days prior to the impending release, in which case DOC
shall respond as soon as practicable prior to the scheduled
release. The comments shall become a part of the inmate's
file. [Penal Code Section 3058.6(b)(4).]
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e) Provides that if the court orders the immediate release
of an inmate, DOC shall notify the sheriff or chief of
police, or both, and the district attorney, having
jurisdiction over the community in which the person was
convicted and, in addition, the sheriff or chief of police,
or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be
released on parole at the time of release. [Penal Code
Section 3058.6(c).]
3)States that 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. [Penal Code
Section 3003(a).]
4)States that 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 as specified and as determined by the parole
consideration panel, or CDCR setting the conditions of parole
for inmates 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. 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 [Penal Code Section 3003(b)]:
a) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person;
b) Public concern that would reduce the chance that the
inmate's parole would be successfully completed;
c) The verified existence of a work offer, or an
educational or vocational training program;
d) 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
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successfully completed;
e) The lack of necessary outpatient treatment programs for
parolees receiving treatment, as specified; and,
f) In determining an out-of-county commitment, CDCR shall
give priority to the safety of the community and any
witnesses and victims.
5)Provides in making its decision about an inmate who
participated in a joint venture program, 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. [Penal
Code Section 3003(d).]
6)The following information, if available, shall be released by
CDCR to local law enforcement agencies regarding a paroled
inmate who is released in their jurisdictions [Penal Code
Section 3003(e)(1)]:
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, Federal Bureau
of Investigation 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.
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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.
aa) 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.
bb) A digitized image of the photograph and at least a
single digit fingerprint of the parolee.
cc) A geographic coordinate for the parolee's residence
location for use with a Geographical Information System
(GIS) or comparable computer program.
7)States 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. [Penal
Code Section 3003(e)(2).]
8)Provides 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. [Penal Code Section
3003(e)(3).]
9)States the unauthorized release or receipt of the information
described in this subdivision is a violation of Penal Code
Section 11143. [Penal Code Section 3003(e)(4).]
10)Specifies notwithstanding any other provision of law, an
inmate who is released on parole shall not be returned to a
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location within 35 miles of the actual residence of a victim
of, or a witness to, a violent felony, or a felony in which
the defendant inflicts great bodily injury on any person other
than an accomplice 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 CDCR finds that there
is a need to protect the life, safety, or well-being of a
victim or witness. [Penal Code Section 3003(f).]
11)States notwithstanding any other law, an inmate who is
released on parole for a violation of specified sex offenses
whom CDCR 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.
[Penal Code Section 3003(g).]
12)Provides 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
CDCR finds that there is a need to protect the life, safety,
or well-being of the victim. [Penal Code Section 3003(h).]
13)States 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.
[Penal Code Section 3003(i).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 2290 will
provide additional time (45 days) prior to the release of a
nonrevocable parolee to allow local agencies an opportunity to
coordinate vital services needed for ex-offenders to
successfully transition back into our communities. Through
oversight and coordination of services by locals, these
individuals can have access to services they would otherwise
have to seek out, such as mental health services,
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rehabilitation programs, public health services, job training
programs, among others. Successful reintegration of offenders
into society is one of the ways to break the cycle of
recidivism, and providing services immediately upon release is
a tool that we can use to accomplish that goal."
2)Background : According to the background submitted by the
author, "[I]n response to severe prison overcrowding and
increased costs, California Penal Code Section 3000.03 created
a new subset of paroled inmates, Non-Revocable Parole(NRP),
(nonserious, nonviolent, nonsex offender) who upon release,
would be released on 'summary parole' without supervision.
Starting on January 25, 2010, CDCR began releasing inmates
under this provision into communities around the state.
"Under existing law, Penal Code Section Penal Code Section
3003 (b) and Penal Code S ection 3058.6 (b)(1) provides for a
45-day notification when CDCR will release an inmate into a
community on supervised parole. With this notification,
county sheriffs and county health and human services
departments, have enough time (45 days) to work together to
create a task force to reach out to ex-offenders, inform them
of services the county can offer to assist with their
transition, and make sure they will not re-offend. However,
there is currently no similar notification requirement for NRP
inmates released on summary parole.
"AB 2290 will require CDCR to notify the local law enforcement
agency within 45 days when an NRP inmate is going to be
released on 'summary parole.' "
3)SBx3 18 : SBx3 18 (Ducheny), Chapter 28, Statutes of 2009,
created a new category of low-level parolees known as "NRPs"
and not subject to direct supervision. There are a number of
pre-requisites that apply prior to an inmate qualifying for
non-revocable parole. These include:
a) The person is not required to register as a sex
offender, as specified.
b) The person was not committed to prison for a serious
felony or a violent felony (strikes), and does not have a
prior conviction for a serious felony or a violent felony
(strikes).
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c) The person was not committed to prison for a sexually
violent offense as defined and does not have a prior
conviction for a sexually violent offense, as defined.
d) The person was not found guilty of a serious
disciplinary offense, as defined in regulation by the
department, during his or her current term of imprisonment.
e) The person is not a validated prison gang member or
associate, as defined in regulation by CDCR.
f) The person did not refuse to sign any written
notification of parole requirements or conditions,
including, but not limited to, the written notification of
requirements as specified.
g) The person was evaluated by CDCR using a validated risk
assessment tool and was not determined to pose a high risk
to re-offend.
4)Argument in Support : According to the Los Angeles County
Sheriff's Department , "[T]his bill would require CDCR to
notify local law enforcement regarding the release of a
Non-Revocable inmate 45 days prior to the release.
"Under current law, when an inmate is released on supervised
parole, CDCR must notify the law enforcement agency, where the
inmate will be released, 45 days prior to release.
"Additionally under current law, which was created by Senate
Bill x3 18 (2009), a new category of parole was created.
Those inmates that qualify are placed on Tract 1, released
without a parole officer, and their parole cannot be violated.
This new category is called NRP.
"This bill would require CDCR to notify the local law
enforcement agency, where the NRO is being released, 45 days
prior to the release.
"This notification is critical for local law enforcement and
the safety of the community. Since these NRPs will be
released with no parole officer, no access to programs offered
by parole, and no follow-up, there is a deep concern that
these individuals will fail and re-offend. With the current
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recidivism rate at approximately 70 percent, eliminating
oversight for NRPs will only make that percentage increase.
"In an attempt to prevent failure and facilitate success of
these individuals on NRP, I have assembled teams of deputy
personnel to address this issue. Once a NRP is released from
prison, deputy personnel will go to their residence and
provide them with information about various programs and
services available, for issues such as drug and alcohol
addiction or mental health issues. If the individual is
interested, we could help them connect with their preferred
program of service.
"If a law enforcement agency has 45 days prior to notification
of NRP release, then agencies can prepare to contact the
individual and offer services or help with re-entry back into
society. As a result, there will be a better chance the
individual will not re-offended and may receive services in
which they are in dire need.
"I thank you for authoring this important legislation that
will contribute to the success of individuals released under
the NRP program and help to ensure public safety."
5)Related Legislation:
a) SBx3 18 (Ducheny), Chapter 28, Statutes of 2009, created
the current non-revocable parole provisions.
b) AB 1678 (Lieu) imposes additional restrictions on the
release of inmates on non-revocable parole. AB 1678 will
be heard by this Committee on April 20, 2010.
c) SB 1452 (Runner) provide that a parolee to whom these
prohibitions on CDCR are applicable may be required to wear
an electronic monitoring device, for the duration of the
parole period, by a local law enforcement agency that has
jurisdiction over the location where the parolee resides,
as specified. SB 1452 is pending hearing by the Senate
Public Safety.
REGISTERED SUPPORT / OPPOSITION :
Support
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California Bail Agents Association
California State Sheriffs' Association
Chief Probation Officers of California
Crime Victims United of California
Golden State Bail Agents Association
Los Angeles County Sheriff's Department
Orange County Board of Supervisors
Orange County Sheriff's Department
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744