California Legislature—2013–14 Regular Session

Assembly Bill No. 15

Introduced by Assembly Member Bradford

December 3, 2012

An act to amend Section 3003 of the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

AB 15, as introduced, Bradford. Department of Corrections and Rehabilitation: inmates: parole and postrelease supervision.

Existing law requires that an inmate released on parole or postrelease supervision be returned to the county of last legal residence and requires the Department of Corrections and Rehabilitation to provide specified items of information to local law enforcement agencies regarding an inmate paroled or placed on postrelease supervision in their jurisdiction. Existing law also provides that the department shall not return to prison, place a parole hold on, or report any parole violation to the Board of Parole Hearings regarding any person to whom all of specified criteria apply.

This bill would require the Department of Corrections and Rehabilitation, not less than 45 days prior to the release of such an inmate, or as soon as practicable, to notify, via the Law Enforcement Automated Data System (LEADS), the local law enforcement agency of the jurisdiction to which the inmate is to be released regarding the scheduled release.

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.  

It is the intent of the Legislature, because of the
state’s continuing budget crisis, and its inability to provide services
to recently released unsupervised, nonrevocable parolees, that local
law enforcement, if possible, should help provide all inmates
released to their jurisdiction on unsupervised, nonrevocable parole
with information regarding services available in their jurisdiction.
Further, it is the intent of the Legislature that local county agencies
and other local services providers, to the extent resources are
available, should be encouraged to provide unsupervised,
nonrevocable parolees with services to facilitate their successful
reintegration into communities within their jurisdiction.

SEC. 2.  

Section 3003 of the Penal Code is amended to read:

3003.  

(a) Except as otherwise provided in this section, an
inmate who is released on parole or postrelease supervision as
provided by Title 2.05 (commencing with Section 3450) shall be
returned to the county that was the last legal residence of the inmate
prior to his or her incarceration. For purposes of this subdivision,
“last legal residence” shall not be construed to mean the county
wherein the inmate committed an offense while confined in a state
prison or local jail facility or while confined for treatment in a
state hospital.

(b) Notwithstanding subdivision (a), an inmate may be returned
to another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole
for inmates sentenced pursuant to subdivision (b) of Section 1168,
as determined by the parole consideration panel, or the Department
of Corrections and Rehabilitation setting the conditions of parole
for inmates sentenced pursuant to Section 1170, decides on a return
to another county, it shall place its reasons in writing in the
parolee’s permanent record and include these reasons in the notice
to the sheriff or chief of police pursuant to Section 3058.6. In
making its decision, the paroling authority shall consider, among
others, the following factors, giving the greatest weight to the
protection of the victim and the safety of the community:

(1) The need to protect the life or safety of a victim, the parolee,
a witness, or any other person.

(2) Public concern that would reduce the chance that the
inmate’s parole would be successfully completed.

(3) The verified existence of a work offer, or an educational or
vocational training program.

(4) The existence of family in another county with whom the
inmate has maintained strong ties and whose support would
increase the chance that the inmate’s parole would be successfully
completed.

(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to begin delete Section 2960 end delete begin insert Article 4 end insert
begin insert (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 end insert .

(c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to
the safety of the community and any witnesses and victims.

(d) In making its decision about an inmate who participated in
a joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where
the joint venture program employer is located if that employer
states to the paroling authority that he or she intends to employ
the inmate upon release.

(e) (1) The following information, if available, shall be released
by the Department of Corrections and begin delete Rehabilitation end delete begin insert Rehabilitation, end insert
begin insert via the Law Enforcement Automated Data System (LEADS), end insert to
local law enforcement agencies regarding a paroled inmate or
inmate placed on postrelease supervision pursuant to Title 2.05
(commencing with Section 3450) who is released in their
jurisdictions:

(A) Last, first, and middle begin delete name end delete begin insert names end insert .

(B) Birth date.

(C) Sex, race, height, weight, and hair and eye color.

(D) Date of parole and discharge.

(E) Registration status, if the inmate is required to register as a
result of a controlled substance, sex, or arson offense.

(F) California Criminal Information Number, FBI number, social
security number, and driver’s license number.

(G) County of commitment.

(H) A description of scars, marks, and tattoos on the inmate.

(I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.

(J) Address, including all of the following information:

(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.

(ii) City and ZIP Code.

(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.

(K) Contact officer and unit, including all of the following
information:

(i) Name and telephone number of each contact officer.

(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.

(L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.

(M) A geographic coordinate for the parolee’s residence location
for use with a Geographical Information System (GIS) or
comparable computer program.

begin insert

(N) The date of the scheduled release of an inmate described
in Section 3000.03, which shall be provided not less than 45 days
prior to that release, or as soon as practicable.

end insert

(2) The information required by this subdivision shall come
from the statewide parolee database. The information obtained
from each source shall be based on the same timeframe.

(3) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format
usable by a desktop computer system. The transfer of this
information shall be continually available to local law enforcement
agencies upon request.

(4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.

(f) Notwithstanding any other provision of law, 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, a
violent felony as defined in paragraphs (1) to (7), inclusive, and
paragraph (16) of subdivision (c) of Section 667.5 or a felony in
which the defendant inflicts great bodily injury on any person other
than an accomplice that has been charged and proved as provided
for in Section 12022.53, 12022.7, or 12022.9, if the victim or
witness has requested additional distance in the placement of the
inmate on parole, and if the Board of Parole Hearings or the
Department of Corrections and Rehabilitation finds that there is a
need to protect the life, safety, or well-being of a victim or witness.

(g) Notwithstanding any other law, an inmate who is released
on parole for a violation of Section 288 or 288.5 whom the
Department of Corrections and Rehabilitation 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.

(h) Notwithstanding any other law, 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 Board of Parole Hearings or the Department of Corrections
and Rehabilitation finds that there is a need to protect the life,
safety, or well-being of the victim.

(i) 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.

(j) An inmate may be paroled to another state pursuant to any
other law. The Department of Corrections and Rehabilitation shall
coordinate with local entities regarding the placement of inmates
placed out of state on postrelease supervision pursuant to Title
2.05 (commencing with Section 3450).

(k) (1) Except as provided in paragraph (2), the Department of
Corrections and Rehabilitation shall be the agency primarily
responsible for, and shall have control over, the program, resources,
and staff implementing begin delete the Law Enforcement Automated Data end delete
begin delete System (LEADS) end delete begin insert LEADS end insert in conformance with subdivision (e).
County agencies supervising inmates released to postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450)
shall provide any information requested by the department to
ensure the availability of accurate information regarding inmates
released from state prison. This information may include the
issuance of warrants, revocations, or the termination of postrelease
supervision. On or before August 1, 2011, county agencies
designated to supervise inmates released to postrelease supervision
shall notify the department that the county agencies have been
designated as the local entity responsible for providing that
supervision.

(2) Notwithstanding paragraph (1), the Department of Justice
shall be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.

(l) In addition to the requirements under subdivision (k), the
Department of Corrections and Rehabilitation shall submit to the
Department of Justice data to be included in the supervised release
file of the California Law Enforcement Telecommunications
System (CLETS) so that law enforcement can be advised through
CLETS of all persons on postrelease community supervision and
the county agency designated to provide supervision. The data
required by this subdivision shall be provided via electronic
transfer.