BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 44
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 44 (Logue and Galgiani)
          As Amended  July 12, 2011
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(April 25,      |SENATE: |34-0 |(August 22,    |
          |           |     |2011)           |        |     |2011)          |
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           Original Committee Reference:   PUB. S.  

           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.  

           The Senate amendments  make technical non-substantive changes.

           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 
            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 








                                                                  AB 44
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            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.  

           AS PASSED BY THE ASSEMBLY  , this bill extended 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.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           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 analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916) 
          319-3744 


                                                               FN:  0002008










                                                                  AB 44
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