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 postrelease community supervision. The bill would also authorize a supervising county agency to transfer an inmate who is released on postrelease community 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:
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.
P3 1(3) The verified existence of a work offer, or an educational or
2vocational training program.
3(4) The existence of family in another county with whom the
4inmate has maintained strong ties and whose support would
5increase the chance that the inmate’s parole would be successfully
7(5) The lack of necessary outpatient treatment programs for
8parolees receiving treatment pursuant to Section 2960.
9(c) The Department of Corrections and Rehabilitation, in
10determining an out-of-county commitment, shall give priority to
11the safety of the community and any witnesses and victims.
12(d) In making its decision about an inmate who participated in
13a joint venture program pursuant to Article 1.5 (commencing with
14Section 2717.1) of Chapter 5, the paroling authority shall give
15serious consideration to releasing him or her to the county where
16the joint venture program employer is located if that employer
17states to the paroling authority that he or she intends to employ
18the inmate upon release.
19(e) (1) The following information, if available, shall be released
20by the Department of Corrections and Rehabilitation to local law
21enforcement agencies regarding a paroled inmate or inmate placed
22on postrelease community supervision pursuant to Title 2.05
23(commencing with Section 3450) who is released in their
25(A) Last, first, and middle names.
26(B) Birth date.
27(C) Sex, race, height, weight, and hair and eye color.
28(D) Date of parole or placement on postrelease community
29supervision and discharge.
30(E) Registration status, if the inmate is required to register as a
31result of a controlled substance, sex, or arson offense.
32(F) California Criminal Information Number, FBI number, social
33security number, and driver’s license number.
34(G) County of commitment.
35(H) A description of scars, marks, and tattoos on the inmate.
36(I) Offense or offenses for which the inmate was convicted that
37resulted in parole or postrelease community supervision in this
39(J) Address, including all of the following information:
P4 1(i) Street name and number. Post office box numbers are not
2acceptable for purposes of this subparagraph.
3(ii) City and ZIP Code.
4(iii) Date that the address provided pursuant to this subparagraph
5was proposed to be effective.
6(K) Contact officer and unit, including all of the following
8(i) Name and telephone number of each contact officer.
9(ii) Contact unit type of each contact officer such as units
10responsible for parole, registration, or county probation.
11(L) A digitized image of the photograph and at least a single
12digit fingerprint of the parolee.
13(M) A geographic coordinate for the inmate’s residence location
14for use with a Geographical Information System (GIS) or
15comparable computer program.
16(2) Unless the information is unavailable, the Department of
17Corrections and Rehabilitation shall electronically transmit to the
18county agency identified in subdivision (a) of Section 3451 the
19 inmate’s tuberculosis status, specific medical, mental health, and
20outpatient clinic needs, and any medical concerns or disabilities
21for the county to consider as the offender transitions onto
22postrelease community supervision pursuant to Section 3450, for
23the purpose of identifying the medical and mental health needs of
24the individual. All transmissions to the county agency shall be in
25compliance with applicable provisions of the federal Health
26Insurance Portability and Accountability Act of 1996 (HIPAA)
27(Public Law 104-191), the federal Health Information Technology
28for Clinical Health Act (HITECH) (Public Law 111-005), and the
29implementing of privacy and security regulations in Parts 160 and
30164 of Title 45 of the Code of Federal Regulations. This paragraph
31shall not take effect until the Secretary of the United States
32Department of Health and Human Services, or his or her designee,
33determines that this provision is not preempted by HIPAA.
34(3) Except for the information required by paragraph (2), the
35information required by this subdivision shall come from the
36statewide parolee database. The information obtained from each
37source shall be based on the same timeframe.
38(4) All of the information required by this subdivision shall be
39provided utilizing a computer-to-computer transfer in a format
40usable by a desktop computer system. The transfer of this
P5 1information shall be continually available to local law enforcement
2agencies upon request.
3(5) The unauthorized release or receipt of the information
4described in this subdivision is a violation of Section 11143.
5(f) Notwithstanding any other law, an inmate who is released
6on parole shall not be returned to a location within 35 miles of the
7actual residence of a victim of, or a witness to, a violent felony as
8defined in paragraphs (1) to (7), inclusive, and paragraph (16) of
9subdivision (c) of Section 667.5 or a felony in which the defendant
10inflicts great bodily injury on
begin delete anyend delete person other than an
11accomplice that has been charged and proved as provided for in
12Section 12022.53, 12022.7, or 12022.9, if the victim or witness
13has requested additional distance in the placement of the inmate
14on parole, and if the Board of Parole Hearings or the Department
15of Corrections and Rehabilitation finds that there is a need to
16protect the life, safety, or well-being of a victim or witness.
17(g) Notwithstanding any other law, an inmate who is released
18on parole for a violation of Section 288 or 288.5 whom the
19Department of Corrections and Rehabilitation determines poses a
20high risk to the public shall not be placed or reside, for the duration
21of his or her parole, within one-half mile of
begin delete anyend delete public or private
22school including any or all of kindergarten and grades 1 to 12,
24(h) Notwithstanding any other law, an inmate who is released
25on parole or postrelease community supervision for a stalking
26offense shall not be returned to a location within 35 miles of the
27victim’s actual residence or place of employment if the victim or
28witness has requested additional distance in the placement of the
29inmate on parole or postrelease community supervision, and if the
30Board of Parole Hearings or the Department of Corrections and
31Rehabilitation, or the supervising county agency, as applicable,
32finds that there is a need to protect the life, safety, or well-being
33of the victim. If an inmate who is released on postrelease
34community supervision cannot be placed in his or her county of
35last legal residence in compliance with this subdivision, the
36supervising county agency may transfer the inmate to another
37county upon approval 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.