AB 231, as amended, 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
begin delete mandatory supervision orend delete postrelease community supervision. The bill would also authorize a supervising county agency to transfer an inmate who is released on postrelease community supervision begin delete or mandatory supervisionend delete
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:
Section 3003 of the Penal Code is amended to
(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
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.
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.
P3 1(4) The existence of family in another county with whom the
2inmate has maintained strong ties and whose support would
3increase the chance that the inmate’s parole would be successfully
5(5) The lack of necessary outpatient treatment programs for
6parolees receiving treatment pursuant to Section 2960.
7(c) The Department of Corrections and Rehabilitation, in
8determining an out-of-county commitment, shall give priority to
9the safety of the community and any witnesses and victims.
10(d) In making its decision about an inmate who participated in
11a joint venture program pursuant to Article 1.5 (commencing with
12Section 2717.1) of Chapter 5, the paroling authority shall give
13serious consideration to releasing him or her to the county where
14the joint venture program employer is located if that employer
15states to the paroling authority that he or she intends to employ
16the inmate upon release.
17(e) (1) The following information, if available, shall be released
18by the Department of Corrections and Rehabilitation to local law
19enforcement agencies regarding a paroled inmate or inmate placed
20on postrelease community supervision pursuant to Title 2.05
21(commencing with Section 3450) who is released in their
23(A) Last, first, and middle
begin delete name.end delete
24(B) Birth date.
25(C) Sex, race, height, weight, and hair and eye color.
26(D) Date of parole or placement on postrelease community
27supervision and discharge.
28(E) Registration status, if the inmate is required to register as a
29result of a controlled substance, sex, or arson offense.
30(F) California Criminal Information Number, FBI number,
31security number, and driver’s license number.
32(G) County of commitment.
33(H) A description of scars, marks, and tattoos on the inmate.
34(I) Offense or offenses for which the inmate was convicted that
35resulted in parole or postrelease community supervision in this
37(J) Address, including all of the following information:
38(i) Street name and number. Post office box numbers are not
39acceptable for purposes of this subparagraph.
40(ii) City and ZIP Code.
P4 1(iii) Date
that the address provided pursuant to this subparagraph
2was proposed to be effective.
3(K) Contact officer and unit, including all of the following
5(i) Name and telephone number of each contact officer.
6(ii) Contact unit type of each contact officer such as units
7responsible for parole, registration, or county probation.
8(L) A digitized image of the photograph and at least a single
9digit fingerprint of the parolee.
10(M) A geographic coordinate for the inmate’s residence location
11for use with a Geographical Information System (GIS) or
12comparable computer program.
13(2) Unless the information is unavailable, the Department of
14Corrections and Rehabilitation shall electronically transmit to the
15county agency identified in subdivision (a) of Section 3451 the
16 inmate’s tuberculosis status, specific medical, mental health, and
17outpatient clinic needs, and any medical concerns or disabilities
18for the county to consider as the offender transitions onto
19postrelease community supervision pursuant to Section 3450, for
20the purpose of identifying the medical and mental health needs of
21the individual. All transmissions to the county agency shall be in
22compliance with applicable provisions of the federal Health
23Insurance Portability and Accountability Act of 1996 (HIPAA)
24(Public Law 104-191), the federal Health Information Technology
25for Clinical Health Act (HITECH) (Public Law 111-005), and the
26implementing of privacy and security regulations in Parts 160 and
27164 of Title 45 of the Code of Federal Regulations. This paragraph
28shall not take effect until the Secretary of the United States
29Department of Health and Human Services, or his or her designee,
30determines that this provision is not preempted by HIPAA.
31(3) Except for the information required by paragraph (2), the
32information required by this subdivision shall come from the
33statewide parolee database. The information obtained from each
34source shall be based on the same timeframe.
35(4) All of the information required by this subdivision shall be
36provided utilizing a computer-to-computer transfer in a format
37usable by a desktop computer system. The transfer of this
38information shall be continually available to local law enforcement
39agencies upon request.
P5 1(5) The unauthorized release or receipt of the information
2described in this subdivision is a violation of Section 11143.
3(f) Notwithstanding any other law, an inmate who is released
4on parole shall not be returned to a location within 35 miles of the
5actual residence of a victim of, or a witness to, a violent felony as
6defined in paragraphs (1) to (7), inclusive, and paragraph (16) of
7subdivision (c) of Section 667.5 or a felony in which the defendant
8inflicts great bodily injury on any person other than an accomplice
9that has been charged and proved as provided for in Section
1012022.53, 12022.7, or 12022.9, if the victim or witness has
11requested additional distance in the placement of the inmate on
12parole, and if the Board of Parole Hearings or the Department of
13Corrections and Rehabilitation finds that there is a need to protect
14the life, safety, or well-being of a victim or witness.
15(g) Notwithstanding any other law, an inmate who is released
16on parole for a violation of Section 288 or 288.5 whom the
17Department of Corrections and Rehabilitation determines poses a
18high risk to the public shall not be placed or reside, for the duration
19of his or her parole, within one-half mile of any public or private
20school including any or all of kindergarten and grades 1 to 12,
22(h) Notwithstanding any other law, an inmate who is released
begin delete parole,end delete postrelease community begin delete supervision, or supervision for
begin delete anend delete offense begin delete involving stalkingend delete
25 shall not be returned to a location within 35 miles of the victim’s
26actual residence or place of employment if the victim or witness
27has requested additional distance in the placement of the inmate
begin delete parole,end delete postrelease community begin delete supervision, or supervision, and if the Board of Parole Hearings or the
30Department of Corrections and Rehabilitation, or the supervising
31county agency, as applicable, finds that there is a need to protect
32the life, safety, or well-being of the victim. If an inmate who is
33released on postrelease community supervision
begin delete or mandatory cannot be placed in his or her county of last legal
35residence in compliance with this subdivision, the supervising
36county agency may transfer the inmate to another county upon
37approval of the receiving county.
38(i) The authority shall give consideration to the equitable
39distribution of parolees and the proportion of out-of-county
P6 1commitments from a county compared to the number of
2commitments from that county when making parole decisions.
3(j) An inmate may be paroled to another state pursuant to any
4other law. The Department of Corrections and Rehabilitation shall
5coordinate with local entities regarding the placement of inmates
6placed out of state on postrelease community supervision pursuant
7to Title 2.05 (commencing with Section 3450).
8(k) (1) Except as provided in paragraph (2), the Department of
9Corrections and Rehabilitation shall be the agency primarily
10responsible for, and shall have control over, the program, resources,
11and staff implementing the Law Enforcement Automated Data
12System (LEADS) in conformance with subdivision (e). County
13agencies supervising inmates released to postrelease community
14supervision pursuant to Title 2.05 (commencing with Section 3450)
15shall provide any information requested by the department to
16ensure the availability of accurate information regarding inmates
17released from state prison. This information may include the
18issuance of warrants, revocations, or the termination of postrelease
19 community supervision. On or before August 1, 2011, county
20agencies designated to supervise inmates released to postrelease
21 community supervision shall notify the department that the county
22agencies have been designated as the local entity responsible for
23providing that supervision.
24(2) Notwithstanding paragraph (1), the Department of Justice
25shall be the agency primarily responsible for the proper release of
26information under LEADS that relates to fingerprint cards.
27(l) In addition to the requirements under subdivision (k), the
28Department of Corrections and Rehabilitation shall submit to the
29Department of Justice data to be included in the supervised release
30file of the California Law Enforcement Telecommunications
31System (CLETS) so that law enforcement can be advised through
32CLETS of all persons on postrelease community supervision and
33the county agency designated to provide supervision. The data
34required by this subdivision shall be provided via electronic
If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P7 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.