BILL ANALYSIS Ó AB 44 Page 1 ASSEMBLY THIRD READING AB 44 (Logue and Galgiani) As Amended March 24, 2011 Majority vote PUBLIC SAFETY 6-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, | | |Hagman, Hill, Mitchell | |Blumenfield, Bradford, | | | | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Gatto, | | | | |Hill, Lara, Mitchell, | | | | |Nielsen, Norby, Solorio, | | | | |Wagner | ----------------------------------------------------------------- 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. 2)Requires the CDC or the BPH, 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. 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. 4)Requires the CDC to send a notice to a victim or witness who AB 44 Page 2 has requested notification that a person convicted of a violent felony is scheduled to be released. 5)Provides that the CDC shall notify local law enforcement of the fact that a paroled inmate is going to be released in its jurisdiction. 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. 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. FISCAL EFFECT : According to the Assembly Appropriations Committee, minor absorbable General Fund costs to CDCR to move up, by 15 days, notification for the parole release of thousands of violent offenders each year. COMMENTS : According to the author, "Existing law requires CDCR 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. " Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 AB 44 Page 3 FN: 0000203