BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2290| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2290 Author: Bradford (D), et al Amended: 5/28/10 in Assembly Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/22/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright SENATE APPROPRIATIONS COMMITTEE : 8-0, 8/2/10 AYES: Kehoe, Alquist, Ashburn, Corbett, Emmerson, Price, Wolk, Yee NO VOTE RECORDED: Leno, Walters, Wyland ASSEMBLY FLOOR : 74-0, 6/2/10 - See last page for vote SUBJECT : Department of Corrections and Rehabilitation: inmates: summary parole SOURCE : Los Angeles County Sheriffs Department DIGEST : This bill: (1) requires that the Department of Corrections and Rehabilitation (CDCR) provide local law enforcement with the date of a "non-revocable" parolee's scheduled release not less than 45 days prior to the inmate's release, or as soon as practicable, if available; (2) provides that information from CDCR to local law enforcement be made via CDCR's "LEADS" system; and (3) enacts non-codified legislative intent language concerning CONTINUED AB 2290 Page 2 the provision of local services for parolees released from prison who are not subject to revocation, as specified. ANALYSIS : Current law, as enacted by SBx3 18 (Ducheny), Chapter 28, Statutes of 2009, and effective on and after January 25, 2010, 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: The person is not required to register as a sex offender. 1. The person was not committed to prison for a serious felony or a violent felony, and does not have a prior conviction for a serious felony or a violent felony, as specified. 2. The person was not committed to prison for a sexually violent offense, and does not have a prior conviction for a sexually violent offense, as specified. 3. The person was not found guilty of a serious disciplinary offense during his or her current term of imprisonment, as specified. 4 The person is not a validated prison gang member or associate, as specified. 5 The person did not refuse to sign any written notification of parole requirements or conditions, as specified. 6 The person was evaluated by the department using a validated risk assessment tool and was not determined to pose a high risk to reoffend. (Penal Code Section 3000.03.) Current law generally provides that, subject to specified exceptions, 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. (Penal Code Section 3003(a).) AB 2290 Page 3 Current law enumerates specified information, if available, that must be released by the CDCR to local law enforcement agencies regarding a paroled inmate who is released in their jurisdictions. (Penal Code Section 3003(e).) This information must come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe. 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. This bill includes in this information the date of the scheduled release of an inmate subject to non-revocable parole under section 3003.03, "which shall be provided not less than 45 days prior to that release, or as soon as practicable." Current law provides that, except with respect to information relating to fingerprint cards, the CDCR 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 the information sharing provisions described above. (Penal Code Section 3003(k).) This bill requires that the information about parolees released to local law enforcement, as described above, be released by CDCR via the Law Enforcement Automated Data System. This bill includes the following non-codified legislative intent language: 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 AB 2290 Page 4 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No Per the Senate Appropriations Committee analysis: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund CDCR notifications Likely minor and absorbable ongoing General workload This bill requires CDCR to provide local law enforcement with the date of a "non-revocable" parolee's scheduled release not less than 45 days prior to the inmate's release, or as soon as practicable. This information is in addition to the information CDCR is required to share with local law enforcement, if available, about inmates who are paroled. The bill also provides that this information be made available to local law enforcement via the LEADS. According to CDCR, the provisions in this bill are consistent with current departmental practice. The release of parolees on non-revocable is a recent advent in California, and the Departmental practice which will be codified by this bill is also a recent change for the department. The workload required by this bill appears to be minor and absorbable, since CDCR has recently implemented this change, despite the department's significant budget reductions. This bill, however requires in statute that these activities continue permanently, creating minor continued cost pressure to CDCR. SUPPORT : (Verified 8/3/10) AB 2290 Page 5 Los Angeles County Sheriff's Department (source) ARGUMENTS IN SUPPORT : The Los Angeles County District Attorney's Office, which supports this bill, submits in part, "The notification provided for in AB 2290 is critical for local law enforcement and the safety of the community. Since these non-revocable parolees will be released with no parole officer, no access to programs offered by parole, and no follow-up, there is a deep concern in the law enforcement community that these individuals will fail to properly integrate back into the community and they will re-offend. . . . () By providing law enforcement with prior notification of a non-revocable parolees release, then communities can better prepare to offer services to assist in the parolees reentry back into society." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, John A. Perez NO VOTE RECORDED: Tom Berryhill, Charles Calderon, Lieu, Norby, Audra Strickland, Vacancy RJG:do 8/4/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****