BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 231


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          Date of Hearing:  March 24, 2015
          Chief Counsel:     Gregory Pagan



                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                    Quirk, Chair





          AB  
                       231 (Eggman) - As Amended  March 16, 2015



          
          SUMMARY:  Requires that an inmate who is released on postrelease  
          community supervision for a stalking offense not be returned to  
          a location within 35 miles of the victim's actual residence or  
          place of employment, if specified criteria are satisfied.   
          Specifically, this bill:  

          1)Provides that an inmate who is released on 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 has requested  
            additional distance in the placement of the inmate.

          2)States that if an inmate who is released on postrelease  
            community supervision in his or her county of last legal  
            residence in compliance with the victim's request for  
            additional distance in the placement, the supervising county  
            agency may transfer the inmate to another county upon approval  
            of the receiving county.

          3)Makes other conforming changes.

          EXISTING LAW:  








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          1)Requires that, subject to specified exceptions, an inmate who  
            is released on parole shall be returned to the county that was  
            the last legal residence of the inmate prior to his or her  
            incarceration.  (Pen. Code,  3003, subd. (a).)  

          2)States 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, specified violent felonies or  
            a felony in which the defendant inflicts great bodily injury  
            on any person, if the victim or witness has requested  
            additional distance in the placement of the inmate on parole,  
            and if Board of Parole Hearings (BPH) or the CDCR finds that  
            there is a need to protect the life, safety, or well-being of  
            a victim or witness.  (Pen. Code,  3003, subd. (f).)

          3)Provides an inmate who is released on parole for a violation  
            of lewd and lascivious acts or continuous sexual abuse of a  
            child, whom the CDCR 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 any public or private  
            school.  (Pen. Code,  3003, subd. (g).)

          4)Requires, 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 the victim or witness has requested additional  
            distance in the placement of the inmate on parole, and if the  
            BPH or the CDCR finds that there is a need to protect the  
            life, safety, or wellbeing of the victim.  (Pen. Code,  3003,  
            subd. (h).)

          5)Provides an exception allowing an inmate may be returned to  
            another county if that would be in the best interests of the  
            public.  If BPH or CDCR decides on a return to another county,  
            it shall place its reasons in writing in the parolee's  
            permanent record.  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:

             a)   The need to protect the life or safety of a victim, the  








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               parolee, a witness, or any other person;

             b)   Public concern that would reduce the chance that the  
               inmate's parole would be successfully completed;

             c)   The verified existence of a work offer, or an  
               educational or vocational training program;

             d)   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; or

             e)   The lack of necessary outpatient treatment programs for  
               parolees receiving treatment as mentally disordered  
               offenders.  (Pen. Code,  3003, subd. (b)(1)-(5).)

          6)Requires all persons paroled before October 1, 2011 to remain  
            under the supervision of the California Department of  
            Corrections and Rehabilitation (CDCR) until jurisdiction is  
            terminated by operation of law or until parole is discharged.   
            (Pen. Code,  3000.09.)

          7)Requires the following persons released from prison on or  
            after October 1, 2011, be subject to parole under the  
            supervision of CDCR:

             a)   A person who committed a "serious" felony, as specified;

             b)   A person who committed a violent felony, as specified; 

             c)   A person serving a Three-Strikes sentence;

             d)   A high risk sex offender; 

             e)   A mentally disordered offender (MDO);

             f)   A person required to register as a sex offender and  
               subject to a parole term exceeding three years at the time  
               of the commission of the offense for which he or she is  
               being released; and,









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             g)   A person subject to lifetime parole at the time of the  
               commission of the offense for which he or she is being  
               released.  (Pen. Code,  3000.08, subds. (a) & (c).)


          8)Requires all other offenders released from prison on or after  
            October 1, 2011, to be placed on PRCS under the supervision of  
            a county agency, such as a probation department.  (Pen Code   
            3000.08, subd. (b).)

          9)Limits the term for PRCS to three years.  (Pen. Code,  3451  
            subd. (a).)

          10)Provides for intermediate sanctions for violating the terms  
            of PRCS, including "flash incarceration" for up to 10 days.   
            (Pen. Code,  3454.)

          11)Specifies that if PRCS is revoked, the offender may be  
            incarcerated in the county jail for a period not to exceed 180  
            days for each custodial sanction.  (Pen. Code,  3455, subd.  
            (d).)

          12)Prohibits the return of an offender who violates conditions  
            of PRCS to prison.  (Pen. Code  3458.)

          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, " Current law  
            states that a victim of a stalking offense may request that a  
            parolee, who is released under state supervision, not be  
            returned to a location within 35 miles of the victim's actual  
            residence or place of employment if the CDCR determines there  
            is a need to protect the life, safety, or well-being of the  
            victim. The need for this bill arises because current statute  
            was not updated to include offenders released under local  
            jurisdiction on PRCS when this category of supervised persons  
            was created pursuant to the Public Safety Realignment Act of  
            2011. This bill will ensure that victims of stalking can  
            request that their stalkers, upon release from state prison,  
            not be returned to a location within 35 miles of their home or  








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            place of employment, regardless of whether the offender is  
            under state or local supervision.

          REGISTERED SUPPORT / OPPOSITION:

          Support


          Chief Probation Officers of California
          California Probation, Parole and Correctional Association
          California State Sheriffs' Association
          California Communities United Institute
          Crime Victims United of California


          Opposition


          None


          Analysis Prepared  
          by:              Gregory Pagan / PUB. S. / (916) 319-3744