Amended in Senate May 26, 2015

Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 231

Introduced by Assembly Member Eggman

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(Coauthors: Assembly Members Cristina Garcia, Gonzalez, and Waldron)

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February 4, 2015

An act to amend Section 3003 of the Penal Code, relating to postconviction supervised begin delete released. end delete begin insert release. end insert

LEGISLATIVE COUNSEL’S DIGEST

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 1.  

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 Section 2960.

(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 Rehabilitation to local law
enforcement agencies regarding a paroled inmate or inmate placed
on postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450) who is released in their
jurisdictions:

(A) Last, first, and middle names.

(B) Birth date.

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

(D) Date of parole or placement on postrelease community
supervision 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 or postrelease community supervision 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 inmate’s residence location
for use with a Geographical Information System (GIS) or
comparable computer program.

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

(3) Except for the information required by paragraph (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.

(4) 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.

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

(f) Notwithstanding any other 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 begin delete any end delete begin insert a end insert 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 begin delete any end delete begin insert a end insert 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 or postrelease community supervision for a stalking
offense 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 or postrelease community supervision, and if the
Board of Parole Hearings or the Department of Corrections and
Rehabilitation, or the supervising county agency, as applicable,
finds that there is a need to protect the life, safety, or well-being
of the victim. If an inmate who is released on postrelease
community supervision cannot be placed in his or her county of
last legal residence in compliance with this subdivision, the
supervising county agency may transfer the inmate to another
county upon approval of the receiving county.

(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 community 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 the Law Enforcement Automated Data
System (LEADS) in conformance with subdivision (e). County
agencies supervising inmates released to postrelease community
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
community supervision. On or before August 1, 2011, county
agencies designated to supervise inmates released to postrelease
community 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.

SEC. 2.  

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