BILL ANALYSIS Ó
AB 884
Page 1
ASSEMBLY THIRD READING
AB 884 (Bonilla)
As Amended May 15, 2013
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, Mitchell, | | |
| |Quirk, Skinner, Waldron | | |
| | | | |
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SUMMARY : Allows county boards of parole to impose parole terms of
up to three years on jail inmates instead of the current maximum
two-year terms.
EXISTING LAW :
1)Provides for county parole programs.
2)Requires each county parole board to establish written rules and
regulations for inmates serving county-jail sentences to apply
for parole.
3)Allows the sentencing judge to deny parole eligibility at
sentencing if the time to be served in county jail is a
condition of felony probation.
4)Permits the parole applicant to appear and to speak on his or
her own behalf at the hearing at which the application is being
considered by the county parole board.
5)Authorizes only the county parole board to grant or deny parole;
but allows the sentencing judge to make recommendation regarding
the application. The board should give the recommendation
careful consideration.
6)Limits the term of county parole to two years.
7)Limits the term for state parole to five years in the case of
inmates imprisoned for a life term for an offense other than
first or second degree murder, and to three years for all other
inmates.
AB 884
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8)Limits the term for post release community supervision to three
years.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "AB 884 strengthens the parole
oversight authority of county parole boards and allows for
additional flexibility in the county board oversight of
non-violent, non-sexual, non-serious parolees."
County Parole : Any inmate confined in, or committed to, a county
or city jail, a work furlough facility, an industrial farm, or an
industrial road camp for any criminal offense is able to apply for
county parole. The purpose of the parole system is to assist
county jail inmates to reintegrate into society as constructive
individuals as soon as they are able. Since inmates are not
confined for the full term of their sentences, the program also
alleviates the cost of keeping the inmates in jail.
According to the California State Sheriffs' Association, the
sponsor of this bill, very few counties are currently utilizing
county parole. Of the counties that do, they require a minimum
part of the sentence to have been served before considering an
application for county parole.
Currently, county parole may be granted for up to two years with
conditions that are deemed fit by the board. Inmates placed on
county parole are supervised by a parole officer of the county
board of parole commissioners.
When it is believed that a parolee has violated the conditions of
his or her supervised release, the written order of the parole
board is considered sufficient warrant to authorize officers to
return the parolee to custody. In addition, a parolee who leaves
the county can be imprisoned as an escapee.
Each county parole board consists of the sheriff, or his or her
designee; the probation officer, or his or her designee; and a
member of the public chosen by the presiding judge of the superior
court. The public member must be an individual who does not hold
public office.
AB 884
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Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0000580