BILL ANALYSIS Ó
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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