BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2290|
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                                 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  
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          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).)  








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          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  







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            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)








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          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

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