BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 2295
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2295 (De La Torre and Fletcher)
          As Amended  August 17, 2010
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(June 2, 2010)  |SENATE: |34-0 |(August 18,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Requires the Department of Corrections and  
          Rehabilitation (CDCR) to retain all files prepared by the  
          Division of Adult Parole Operations (DAPO) regarding any person  
          who was paroled who has been imprisoned for committing a violent  
          felony or who is required to register as a sex offender.  

           The Senate amendments  specify that CDCR:  

           1)Shall maintain the specified files for 75 years.

          2)May maintain electronic copies of the files.

           EXISTING LAW :

          1)Provides that a parolee's parole terminates after the parole  
            has served the entire time of parole, when the parole  
            authority discharges the parolee from parole for good cause,  
            or by operation of law.  

          2)States that depending on the commitment offense, a parolee  
            must be discharged within 30 days after the end of the first,  
            second or third continuous year on parole if the Board of  
            Parole Hearings does not order retention.  

          3)Specifies that parole entails supervision and surveillance,  
            including the judicious use of revocation actions, and should  
            also include vocational, family, and personal counseling  
            necessary to assist parolees in the process.  

          4)States that unless parole is waived by Board of Parole  
            Hearings for good cause, all prisoners must serve a period of  
            parole.    








                                                                           
           AB 2295
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          5)Specifies that nearly all determinately sentenced prisoners  
            are subject to three years of parole.  That period can be  
            extended to four years for misconduct that results in parole  
            revocation.  

          6)States that ordinarily a prisoner is paroled to the county  
            that was his or her last legal residence before incarceration.  
             
           
          AS PASSED BY THE ASSEMBLY  , this bill required CDCR to  
          permanently retain all files prepared by DAPO regarding any  
          person who was paroled who has been imprisoned for committing a  
          violent felony or who is required to register as a sex offender.
           
          FISCAL EFFECT :  According to the Senate Appropriations  
          Committee:
                                                                  
                            Fiscal Impact (in Thousands)

           Major Provisions         2010-11     2011-12       2012-13     Fund
           
          DAPO file retention                             $35               
             $70                   $70                General



           COMMENTS  :  According to the author, "[w]e have an obligation to  
          prioritize the retention of parole files that could be of value  
          to law enforcement in identifying and apprehending dangerous  
          individuals.  It defies logic that CDCR policies require longer  
          retention periods for expense receipts and other minor documents  
          than for parole agents' notes of offenders' habits and  
          behaviors.  AB 2295 will place parole file retention  
          requirements into statute to ensure that important information  
          related to dangerous offenders is retained for use by law  
          enforcement."  

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 








                                                                           
           AB 2295
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          FN: 0006236