BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    AB 44|
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                                 THIRD READING


          Bill No:  AB 44
          Author:   Logue (R)
          Amended:  7/12/11 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 07/05/11
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  74-0, 04/25/11 - See last page for vote


           SUBJECT  :    Inmates:  release:  notification

           SOURCE  :     Author


           DIGEST  :    This bill extends from 45 days to 60 days the 
          period of time in which the Board of Parole Hearings (BPH) 
          or the California Department of Corrections and 
          Rehabilitation (CDCR) must notify local law enforcement of 
          the scheduled release of an inmate convicted of a violent 
          felony.

           ANALYSIS  :    Existing law requires that whenever a person 
          is confined in the state prison for a conviction of a 
          violent felony, within 45 days of the scheduled release of 
          that person, CDCR (in the case of determinately sentenced 
          inmates) or BPH (in the case of indeterminately sentenced 
          inmates) shall notify the sheriff, chief of police, or 
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          both, and the district attorney 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 § 3058.6.)

          Existing law provides that the sheriff or the chief of 
          police, when notified as to the pending release of a 
          violent felon may, without incurring any liability, notify 
          any person they deem appropriate of the pending release.  
          (Penal Code § 3058.7(a).)

          Existing law also requires the CDCR or BPH 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.  (Penal Code § 3058.8(a).)

          Existing law requires that, except as specified, an inmate 
          who is released on parole or post release supervision shall 
          be returned to the county that was the last legal residence 
          of the inmate prior to his or her incarceration. 
          Nonetheless, an inmate may be returned to another county if 
          that would be in the best interests of the public. In 
          making its decision, the paroling authority shall consider, 
          among others, specified factors, giving the greatest weight 
          to the protection of the victim and the safety of the 
          community.  (Penal Code § 3003(a), (b).)

          Existing law provides that an inmate who is released on 
          parole shall not be returned to a location within 35 miles 
          of the actual residence of a victim of, or a witness to, 
          specified violent felonies or a felony in which the 
          defendant inflicts great bodily injury on any person other 
          than an accomplice, as specified, if the victim or witness 
          has requested additional distance in the placement of the 
          inmate on parole, and if the BPH or the CDCR finds that 
          there is a need to protect the life, safety, or well-being 
          of a victim or witness.  (Penal Code § 3003(f).)

          Existing law provides that an inmate who is released on 
          parole for specified sex crimes whom the CDCR determines 
          poses a high risk to the public shall not be placed or 
          reside, for the duration of his or her parole, within 
          one-half mile of any public or private school including any 
          or all of kindergarten and grades 1 to 12, inclusive. 

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          (Penal Code § 3003(g).)

          Existing law provides that an inmate who is released on 
          parole for an offense involving stalking shall not be 
          returned to a location within 35 miles of the victim's 
          actual residence or place of employment if the victim or 
          witness has requested additional distance in the placement 
          of the inmate on parole, and if the BPH or the CDCR finds 
          that there is a need to protect the life, safety, or 
          well-being of the victim.  (Penal Code § 3003(h).)

          Existing law provides that the authority shall give 
          consideration to the equitable distribution of parolees and 
          the proportion of out-of-county commitments from a county 
          compared to the number of commitments from that county when 
          making parole decisions.  (Penal Code § 3003(i).)

          This bill extends from 45 days to 60 days the period of 
          time in which BPH or CDCR must notify local law enforcement 
          of the scheduled release of an inmate convicted of a 
          violent felony.
          
           Comments
           
          CDCR summarized their current notification process as 
          follows:

               The Department of Corrections and Rehabilitation 
               (CDCR) sends release notifications 90 days prior to 
               parole to those victims/witnesses who have requested a 
               notice.  This will give victims adequate time to 
               challenge the residential placement in accordance with 
               established CDCR procedures.
                
               The CDCR also provides notification of release 60 days 
               prior to parole to law enforcement agencies, district 
               attorneys and family members pursuant to Penal Code 
               (PC) Sections 3058.6, 3058.9, 3060.6, 3058.61 and 
               3058.65.  

          CDCR informed the Senate Public Safety Committee staff 
          that, whenever possible, they provide notice 90 days prior 
          to the release of a person convicted of a violent felony to 
          victims and witnesses who have requested such notice.  

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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/15/11)

          California State Association of Counties
          California State Sheriffs' Association
          Regional Council of Rural Counties

           ARGUMENTS IN SUPPORT  :    According to the author:

               The current timeline that CDCR follows to notify 
               counties of the release of a parolee is problematic. 
               The recent high profile release of Loren Herzog, a 
               convicted serial killer, into Lassen County in my 
               district caused a great deal of anxiety in the 
               community and gave law enforcement very little time to 
               prepare for Herzog's release. This is a perfect 
               example of the need for CDCR to think further ahead 
               than the current 45-day timeline. The solution 
               proposed by AB 44 is to extend the required 
               notification date from 45 days to 60 days before the 
               release date. While not a perfect solution, this will 
               give counties and law enforcement additional notice 
               and reduce the likelihood of a short notice release.


           ASSEMBLY FLOOR  :  74-0, 04/25/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Campos, Carter, Cedillo, 
            Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Galgiani, Garrick, Gatto, 
            Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, 
            Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, 
            Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Norby, Pan, Perea, V. Manuel Pérez, Portantino, Silva, 
            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Charles Calderon, Furutani, Gorell, 
            Roger Hernández, Olsen, Vacancy


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          RJG:nl  8/16/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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