BILL ANALYSIS Ó AB 231 Page 1 Date of Hearing: April 22, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 231 (Eggman) - As Amended March 16, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 231 Page 2 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 AB 231 Page 3 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 Page 4