BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 231


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          Date of Hearing:  April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


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


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          Urgency:  No                       State Mandated Local Program:  
           Yes      Reimbursable:  Yes





          SUMMARY:


          This bill requires that an inmate who is released on postrelease  
          community supervision for a stalking offense not be returned to  








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          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.

          FISCAL EFFECT:


          Minor reimbursable mandated costs of less than $40,000(GF) for  
          county probation departments to comply with victims' requests,  
          if any requests are made.  Approximately 150 inmates are  
          released on postrelease community supervision for stalking  
          offense.   Reimbursable mandated costs may result if several  
          victims requests additional distance and a county's annual costs  
          exceed $1,000, which may be the case in the larger counties with  
          multiple releases.   


          COMMENTS:


          1)Purpose.  According to the author, "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  








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


          2)Background.  Current law 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 Board of Parole Hearings (BPH) or the Department of  
            Corrections and Rehabilitation (CDCR) finds that there is a  
            need to protect the life, safety, or wellbeing of the victim.   
            However, current law provides an exception allowing an inmate  
            to be returned to another county if that would be in the best  
            interests of the public. 


          3)Proposition 30.  The Constitution was amended by Proposition  
            30, approved by the voters in 2012, to restrict the state's  
            authority to implement laws enacted after September 2012 that  
            increase local government costs to administer the program  
            responsibility transferred in 2011, under the Public Safety  
            Realignment Act of 2011, unless the state provides additional  
            funds to pay for the increased costs.  Although the intent of  
            this bill is to treat PRCS released for the same offense as  
            those paroled the by CDCR, the delay in enacting this  
            alignment may result in a reimbursable state mandate cost.
           



          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081











                                                                     AB 231


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