BILL NUMBER: AB 44 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Logue and Galgiani
DECEMBER 6, 2010
An act to amend Section 3058.6 of the Penal Code, relating to
inmates.
LEGISLATIVE COUNSEL'S DIGEST
AB 44, as introduced, Logue. Inmates: release: notification.
Existing law requires the Department of Corrections and
Rehabilitation, when releasing prisoners on parole who have been
convicted of a violent felony, as defined, or certain other felonies,
as specified, to notify the law enforcement agency and the district
attorney having jurisdiction over the community in which the person
was convicted and also the law enforcement agency and district
attorney having jurisdiction over the community in which the person
is scheduled to be released.
Existing law requires that this notification be made by mail at
least 45 days prior to the scheduled release date, and provides
deadlines for local authorities to respond with written comments
regarding county placements, and for the department to reply. If
notification cannot be provided within the 45 days due to an
unanticipated release date change of an inmate, as specified, or
because the department modifies its decision regarding the community
of release due to comments received by the department from agencies
in that community, existing law requires that notification be
provided no less than 24 hours after a final decision is made
regarding where the parolee is to be released.
Existing law requires that if there is a change of county
placement after the 45-day notice is given to local law enforcement
and the district attorney relating to an out-of-county placement,
notice to the ultimate county of placement shall be made upon the
determination of the county of placement.
This bill would require that notification be sent 60 days prior to
the scheduled release date of an inmate, unless the notification
cannot be provided within the 60 days due to an unanticipated change
in the release date of an inmate, and would prohibit any change in
county placement less than 30 days prior to the release date unless
due to an unanticipated change in a release date, as specified. The
bill would conform the timeline for local comments and the department
response to the longer notification period, as specified. If there
is a change in county of placement after the 60-day notice is given,
this bill would require that notification be sent by mail at least 30
days prior to the scheduled release date to the ultimate county of
placement.
Existing law prohibits the department from restoring credits or
taking 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 the inmate's scheduled
release date.
This bill would conform this provision to its 60-day notification
requirement.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3058.6 of the Penal Code is amended to read:
3058.6. (a) Whenever any person confined to state prison is
serving a term for the conviction of a violent felony listed in
subdivision (c) of Section 667.5, the Board of Prison Terms
Parole Hearings , with respect to inmates
sentenced pursuant to subdivision (b) of Section 1168 or the
Department of Corrections and Rehabilitation , with
respect to inmates sentenced pursuant to Section 1170, 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.
(b) (1) The notification shall be made by mail at least
45 60 days prior to the scheduled release date,
except as provided in paragraph (3). 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 the Department of
Corrections and Rehabilitation with the authority to make
final determination and adjustments regarding parole location
decisions. If, after the 60-day notice is given to law
enforcement and to the district attorney relating to a county
placement, there is a change of county placement, notification shall
be made by mail at least 30 days prior to the scheduled release date
to the ultimate county of placement. Except as provided in paragraph
(3), no changes of county placement shall be made less than 30 days
prior to the scheduled release date.
(2) Notwithstanding any other provision of law, the Department of
Corrections and Rehabilitation 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 60
days prior to an inmate's scheduled release date.
(3) When notification cannot be provided within the 45
at least 60 days prior to release 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 Parole Hearings , 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 the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall
provide notification as soon as practicable, but in no case
less m ore than 24 hours after the
final decision is made regarding where the parolee will be released.
(4) 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 45
days prior to the inmate's scheduled release, unless an agency
received less than 45 60 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 department which may, based on
those comments, modify its decision regarding the community in which
the person is scheduled to be released. The Department of Corrections
and Rehabilitation shall respond in writing not less than
15 30 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 the
department received comments less than 30 45
days prior to the impending release, in which case the
department shall respond as soon as practicable and prior
to the scheduled release. The comments shall become a part of the
inmate's file.
(c) If the court orders the immediate release of an inmate, the
department 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.
(d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole.
If, after the 45-day notice is given to law enforcement and
to the district attorney relating to an out-of-county placement,
there is change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.