BILL ANALYSIS Ó
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