California Legislature—2015–16 Regular Session

Assembly BillNo. 231


Introduced by Assembly Member Eggman

February 4, 2015


An act to amend Section 3003 of the Penal Code, relating to postconviction supervised released.

LEGISLATIVE COUNSEL’S DIGEST

AB 231, as introduced, Eggman. Parole: placement at release.

Existing law generally requires that an inmate released on parole or postrelease community supervision be returned to the county of last legal residence. Existing law provides, however, 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 specified criteria are satisfied.

This bill would make that provision applicable to an inmate released on mandatory supervision or postrelease community supervision. The bill would also authorize a supervising county agency to transfer an inmate who is released on postrelease community supervision or mandatory supervision to another county, upon approval of the receiving county, when the inmate cannot be placed in his or her county of last legal residence in compliance with this provision. The bill would make other clarifying changes. By imposing additional duties on supervising county agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 3003 of the Penal Code is amended to
2read:

3

3003.  

(a) Except as otherwise provided in this section, an
4inmate who is released on parole or postrelease supervision as
5provided by Title 2.05 (commencing with Section 3450) shall be
6returned to the county that was the last legal residence of the inmate
7prior to his or her incarceration. For purposes of this subdivision,
8“last legal residence” shall not be construed to mean the county
9wherein the inmate committed an offense while confined in a state
10prison or local jail facility or while confined for treatment in a
11state hospital.

12(b) Notwithstanding subdivision (a), an inmate may be returned
13to another county if that would be in the best interests of the public.
14If the Board of Parole Hearings setting the conditions of parole
15for inmates sentenced pursuant to subdivision (b) of Section 1168,
16as determined by the parole consideration panel, or the Department
17of Corrections and Rehabilitation setting the conditions of parole
18for inmates sentenced pursuant to Section 1170, decides on a return
19to another county, it shall place its reasons in writing in the
20parolee’s permanent record and include these reasons in the notice
21to the sheriff or chief of police pursuant to Section 3058.6. In
22making its decision, the paroling authority shall consider, among
23others, the following factors, giving the greatest weight to the
24protection of the victim and the safety of the community:

25(1) The need to protect the life or safety of a victim, the parolee,
26a witness, or any other person.

27(2) Public concern that would reduce the chance that the
28inmate’s parole would be successfully completed.

29(3) The verified existence of a work offer, or an educational or
30vocational training program.

31(4) The existence of family in another county with whom the
32inmate has maintained strong ties and whose support would
P3    1increase the chance that the inmate’s parole would be successfully
2completed.

3(5) The lack of necessary outpatient treatment programs for
4parolees receiving treatment pursuant to Section 2960.

5(c) The Department of Corrections and Rehabilitation, in
6determining an out-of-county commitment, shall give priority to
7the safety of the community and any witnesses and victims.

8(d) In making its decision about an inmate who participated in
9a joint venture program pursuant to Article 1.5 (commencing with
10Section 2717.1) of Chapter 5, the paroling authority shall give
11serious consideration to releasing him or her to the county where
12the joint venture program employer is located if that employer
13states to the paroling authority that he or she intends to employ
14the inmate upon release.

15(e) (1) The following information, if available, shall be released
16by the Department of Corrections and Rehabilitation to local law
17enforcement agencies regarding a paroled inmate or inmate placed
18on postreleasebegin insert communityend insert supervision pursuant to Title 2.05
19(commencing with Section 3450) who is released in their
20jurisdictions:

21(A) Last, first, and middle name.

22(B) Birth date.

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

24(D) Date of parolebegin insert or placement on postrelease community
25supervisionend insert
and discharge.

26(E) Registration status, if the inmate is required to register as a
27result of a controlled substance, sex, or arson offense.

28(F) California Criminal Information Number, FBI number, social
29security number, and driver’s license number.

30(G) County of commitment.

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

32(I) Offense or offenses for which the inmate was convicted that
33resulted in parolebegin insert or postrelease community supervisionend insert in this
34instance.

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

36(i) Street name and number. Post office box numbers are not
37acceptable for purposes of this subparagraph.

38(ii) City and ZIP Code.

39(iii) Date that the address provided pursuant to this subparagraph
40was proposed to be effective.

P4    1(K) Contact officer and unit, including all of the following
2information:

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

4(ii) Contact unit type of each contact officer such as units
5responsible for parole, registration, or county probation.

6(L) A digitized image of the photograph and at least a single
7digit fingerprint of the parolee.

8(M) A geographic coordinate for thebegin delete parolee’send deletebegin insert inmate’send insert
9 residence location for use with a Geographical Information System
10(GIS) or comparable computer program.

11(2) Unless the information is unavailable, the Department of
12Corrections and Rehabilitation shall electronically transmit to the
13county agency identified in subdivision (a) of Section 3451 the
14 inmate’s tuberculosis status, specific medical, mental health, and
15outpatient clinic needs, and any medical concerns or disabilities
16for the county to consider as the offender transitions onto
17postrelease community supervision pursuant to Section 3450, for
18the purpose of identifying the medical and mental health needs of
19the individual. All transmissions to the county agency shall be in
20compliance with applicable provisions of the federal Health
21Insurance Portability and Accountability Act of 1996 (HIPAA)
22(Public Law 104-191), the federal Health Information Technology
23for Clinical Health Act (HITECH) (Public Law 111-005), and the
24implementing of privacy and security regulations in Parts 160 and
25164 of Title 45 of the Code of Federal Regulations. This paragraph
26shall not take effect until the Secretary of the United States
27Department of Health and Human Services, or his or her designee,
28determines that this provision is not preempted by HIPAA.

29(3) Except for the information required by paragraph (2), the
30information required by this subdivision shall come from the
31statewide parolee database. The information obtained from each
32source shall be based on the same timeframe.

33(4) All of the information required by this subdivision shall be
34provided utilizing a computer-to-computer transfer in a format
35usable by a desktop computer system. The transfer of this
36information shall be continually available to local law enforcement
37agencies upon request.

38(5) The unauthorized release or receipt of the information
39described in this subdivision is a violation of Section 11143.

P5    1(f) Notwithstanding any otherbegin delete provision ofend delete law, an inmate who
2is released on parole shall not be returned to a location within 35
3miles of the actual residence of a victim of, or a witness to, a
4violent felony as defined in paragraphs (1) to (7), inclusive, and
5paragraph (16) of subdivision (c) of Section 667.5 or a felony in
6which the defendant inflicts great bodily injury on any person other
7than an accomplice that has been charged and proved as provided
8for in Section 12022.53, 12022.7, or 12022.9, if the victim or
9witness has requested additional distance in the placement of the
10inmate on parole, and if the Board of Parole Hearings or the
11Department of Corrections and Rehabilitation finds that there is a
12need to protect the life, safety, or well-being of a victim or witness.

13(g) Notwithstanding any other law, an inmate who is released
14on parole for a violation of Section 288 or 288.5 whom the
15Department of Corrections and Rehabilitation determines poses a
16high risk to the public shall not be placed or reside, for the duration
17of his or her parole, within one-half mile of any public or private
18school including any or all of kindergarten and grades 1 to 12,
19inclusive.

20(h) Notwithstanding any other law, an inmate who is released
21onbegin delete paroleend deletebegin insert parole, postrelease community supervision, or mandatory
22supervisionend insert
for an offense involving stalking shall not be returned
23to a location within 35 miles of the victim’s actual residence or
24place of employment if the victim or witness has requested
25additional distance in the placement of the inmate on parole,
26begin insert postrelease community supervision, or mandatory supervision,end insert
27 and if the Board of Parole Hearings or the Department of
28Corrections andbegin delete Rehabilitationend deletebegin insert Rehabilitation, or the supervising
29county agency, as applicable,end insert
finds that there is a need to protect
30the life, safety, or well-being of the victim.begin insert If an inmate who is
31released on postrelease community supervision or mandatory
32supervision cannot be placed in his or her county of last legal
33residence in compliance with this subdivision, the supervising
34county agency may transfer the inmate to another county upon
35approval of the receiving county.end insert

36(i) The authority shall give consideration to the equitable
37distribution of parolees and the proportion of out-of-county
38commitments from a county compared to the number of
39commitments from that county when making parole decisions.

P6    1(j) An inmate may be paroled to another state pursuant to any
2other law. The Department of Corrections and Rehabilitation shall
3coordinate with local entities regarding the placement of inmates
4placed out of state on postreleasebegin insert communityend insert supervision pursuant
5to Title 2.05 (commencing with Section 3450).

6(k) (1) Except as provided in paragraph (2), the Department of
7Corrections and Rehabilitation shall be the agency primarily
8responsible for, and shall have control over, the program, resources,
9and staff implementing the Law Enforcement Automated Data
10System (LEADS) in conformance with subdivision (e). County
11agencies supervising inmates released to postreleasebegin insert communityend insert
12 supervision pursuant to Title 2.05 (commencing with Section 3450)
13shall provide any information requested by the department to
14ensure the availability of accurate information regarding inmates
15released from state prison. This information may include the
16issuance of warrants, revocations, or the termination of postrelease
17begin insert communityend insert supervision. On or before August 1, 2011, county
18agencies designated to supervise inmates released to postrelease
19begin insert communityend insert supervision shall notify the department that the county
20agencies have been designated as the local entity responsible for
21providing that supervision.

22(2) Notwithstanding paragraph (1), the Department of Justice
23shall be the agency primarily responsible for the proper release of
24information under LEADS that relates to fingerprint cards.

25(l) In addition to the requirements under subdivision (k), the
26Department of Corrections and Rehabilitation shall submit to the
27Department of Justice data to be included in the supervised release
28file of the California Law Enforcement Telecommunications
29System (CLETS) so that law enforcement can be advised through
30CLETS of all persons on postrelease community supervision and
31the county agency designated to provide supervision. The data
32required by this subdivision shall be provided via electronic
33transfer.

34

SEC. 2.  

If the Commission on State Mandates determines that
35this act contains costs mandated by the state, reimbursement to
36local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.



O

    99