BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2290
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2290 (Bradford) - As Amended:  April 8, 2010 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  


          This bill requires the California Department of Corrections and  
          Rehabilitation (CDCR) to give 45 days notice to local law  
          enforcement prior to the release of parolees on non-revocable  
          parole and states legislative intent that local jurisdictions  
          provide these non-revocable parolees (NRPs) with reentry  
          services. 


           FISCAL EFFECT 


           1)Moderate annual costs, likely in the range of $1 million for  
            programming costs and the   equivalent of 10 case records  
            staff. (CDCR's preliminary analysis indicates a need for as  
            many as 48 positions.) 


            CDCR currently releases to local law enforcement information  
            related to each parolee, albeit generally without a specified  
            statutory advance period, but the information is not provided  
            in notification form, but via CDCR's Law Enforcement Automated  
            Data System (LEADS).  


            Current estimates indicate about 33,000 NRPs in 2010-11.   


          2)The NRP parole reform, designed to focus resources on parolees  
            most likely to reoffend, is projected to save $151 million in  








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            2010-11, with similar savings in the out-years.   


          COMMENTS


          1)Rationale  . Last month, pursuant to SBX3 18, Statutes of 2009,  
            CDCR began releasing non-violent, non-serious, non-sex  
            offender inmates who have completed their prison terms in full  
            and cleared a risk assessment that among other things, rejects  
            validated gang members and offenders with serious in-prison  
            disciplinary offenses, on non-revocable parole status. These  
            NRPs, while subject to search and seizure by law enforcement,  
            are not subject to parole supervision and must be charged and  
            convicted in court for a new offense in order to be returned  
            to prison. 


            The author's intent is to provide notice of these releases to  
            local law enforcement so that local authorities may be in  
            better position to make various reentry services available to  
            these individuals.


           2)Current Law  . CDCR is required to make numerous offender  
            release notifications. Notifications are not made for every  
            parolee, and not all notifications are sent to law enforcement  
            agencies. Statute requires release notification to local law  
            enforcement for parolees who have committed violent offenses,  
            crimes against minors, and stalking, generally 45 days prior  
            to release. CDCR provides release notification to  
            victims/witnesses, who have requested a notice, 90 days prior  
            to parole/release.  


            CDCR is also required to release specified information - name,  
            offense, date of birth, address, photo, and identifying  
            information - to local law enforcement for all parolees  
            released in their jurisdicition. 

           
          3)Support  . According to the L.A. Sheriff's Department, "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  








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            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."

           4)Concerns  . Currently CDCR generally notifies law enforcement in  
            the county of the parolee's commitment, as current law  
            generally requires an inmate to parole to the county of  
            commitment. NRPs will not be required to parole to the county  
            of commitment, so it is not clear who CDCR should notify,  
            though in most cases these inmates will likely return to the  
            county commitment. 

            Also, there will be cases in which CDCR is unable to provide  
            45-day notice, such as when inmates are received within the  
            45-day period, the author may wish to consider add "or as soon  
            as practicable." to the 45-day requirement."






           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081