BILL ANALYSIS Ó
AB 44
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Date of Hearing: March 15, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 44 (Logue) - As Amended: January 27, 2011
As Proposed to be Amended in Committee
SUMMARY : Extends from 45 to 60 days the period in which the
California Department of Corrections and Rehabilitation (CDCR)
must notify the sheriff, chief of police, or both, and the
district attorney of the scheduled release date of an inmate who
has been convicted of a "violent" felony.
EXISTING LAW :
1)Provides that whenever a person confined in the state prison
for a conviction of a violent felony, the California
Department of Corrections (CDC) or the Board of Parole
Hearings (BPH) shall notify the local law enforcement agencies
that have jurisdiction over the community in which the person
was convicted and that have jurisdiction over the community in
which the person is scheduled to be released. (Penal Code
Section 3058.6.)
2)Requires the CDC or the BPT, within 45 days of the scheduled
release of a person convicted of a violent felony, to notify
the sheriff, chief of police, or both, and the district
attorney in the jurisdiction where the person is scheduled to
be paroled. ÝPenal Code Section 3058.6(a).]
3)Provides that the sheriff or the chief of police when notified
as to the pending release of a violent felon may notify an
appropriate person of a pending release. ÝPenal Code Section
3058.7(a).]
4)Requires the CDC to send a notice to a victim or witness who
has requested notification that a person convicted of a
violent felony is scheduled to be released. ÝPenal Code
Section 3058.8(a).]
5)Provides that the CDC shall notify local law enforcement of
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the fact that a paroled inmate is going to be released in its
jurisdiction. ÝPenal Code Section 3003(e)(1).]
6)Provides that upon conviction of a violent felony, the
district attorney, probation officer, or victim- witness
coordinator shall notify the victim as to his or her right to
be sent notice of the defendant's release from custody.
ÝPenal Code Section 679.03(a)(1).]
7)Provides that if a victim or witness so requests, the CDC
shall not return an inmate released on parole who committed a
violent felony to a location within 35 miles of the actual
residence of a victim or witness. ÝPenal Code Section 3003
(f).]
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "Existing law requires CDRC
to notify a county 45 days prior to a prisoner being released on
parole. The county then has 15 days to submit comments and
express safety concerns regarding the placement of the parolee.
This bill was prompted by the parole of Loren Herzog into Lassen
County earlier this year. Herzog, a felon suspected of killing
up to 22 people, was released on short notice to county law
enforcement, prompting public outcry and protests throughout the
small community. This is a common sense bill that will give
local law enforcement increased notice when a "violent" felon is
being released into the community. "
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association
Opposition
Service Employees International Union, Local 1000
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
AB 44
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