BILL NUMBER: AB 44	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 12, 2011
	AMENDED IN ASSEMBLY  MARCH 24, 2011
	AMENDED IN ASSEMBLY  JANUARY 27, 2011

INTRODUCED BY   Assembly Members Logue and Galgiani
    (   Principal coauthor:   Assembly Member
  Beth Gaines   ) 

                        DECEMBER 6, 2010

   An act to amend Section 3058.6 of the Penal Code, relating to
inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 44, as amended, 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. The bill would conform the
timeline for local comments to the longer notification period, as
specified.
   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 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 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.
   (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 60 days prior to an inmate's scheduled
release date.
   (3) When notification cannot be provided 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
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
shall the department delay making the notification more than 24 hours
from the time 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 45 days prior to the inmate's
scheduled release, unless an agency received less than 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 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
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)  (1)    The notification required by this
section shall be made whether or not a request has been made under
Section 3058.5. 
   In 
    (2)     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 60-day notice is given to law
enforcement and to the district attorney relating to an
out-of-county placement, there is  a  change of county
placement, notice to the ultimate county of placement shall be made
upon the determination of the county of placement.