BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 231 (Eggman) - Parole: placement at release ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 26, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 22, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 231 would prohibit an inmate who is released on postrelease community supervision (PRCS) for a stalking offense from being returned to a location within 35 miles of the victim's actual residence or place of employment at the request of the victim or witness, or if the supervising county agency finds that there is a need to protect the life, safety, or well-being of the victim. Fiscal Impact: Ongoing future minor to moderate costs, potentially in excess of $50,000 (General Fund*) statewide, to county probation departments for the placement of inmates released on PRCS. According to CDCR data, approximately 150 inmates per year are released on PRCS for a stalking offense. Based on historical data, about 50 percent of inmates released on parole for a stalking offense have required relocation services. *Proposition 30 (2012) exempts the State from mandate AB 231 (Eggman) Page 1 of ? reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs, including public safety services such as managing local jails and providing supervision of juvenile and adult offenders, apply to local agencies only to the extent that the State provides annual funding for the cost increase. To the extent the provisions of this measure increase the workload and overall costs of county probation departments could result in the provision of additional General Fund support from the State. Background: Existing law provides that 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) find that there is a need to protect the life, safety, or well-being of the victim. (Penal Code (PC) § 3003(h).) Existing law requires specified persons (including but not limited to individuals who have committed a serious or violent felony, or persons required to register as sex offenders) released from state prison on or after October 1, 2011, to be subject to parole under the supervision of the CDCR, with all other offenders released from state prison to be placed on PRCS under the supervision of a county agency, such as a probation department. (PC § 3000.08(a)-(c).) This bill seeks to create equal protection for victims of stalking offenses regardless of the type of post-release supervision provided to the offender, and would extend the post-incarceration placement restrictions on inmates convicted of an offense involving stalking who are released on parole to inmates similarly released on PRCS. Proposed Law: This bill would require an inmate who is released on PRCS for a stalking offense not to be returned to a location within 35 AB 231 (Eggman) Page 2 of ? 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 PRCS, and if the BPH or the supervising county agency finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate released on PRCS cannot be placed in his or her county of last legal residence in compliance with this measure, the supervising county agency may transfer the inmate to another county upon approval of the receiving county. Related Legislation: None applicable. Staff Comments: By placing additional duties on probation departments to relocate specified inmates on PRCS, this bill could increase the workload and overall costs to county probation departments, potentially requiring a subvention of funds from the State pursuant to the provisions of Proposition 30 (2012). Data from the CDCR indicates an average of 150 inmates released onto PRCS for a stalking offense in each of the last three years (2012-2014). Additional data from CDCR indicates approximately 50 percent of inmates released on parole for stalking (for a primary or secondary PC § 646.9 conviction) required relocation at the request of the victim. While it is unknown with certainty what percentage of the inmates released onto PRCS annually will require relocation at the request of the victim, applying the percentage applicable historically to parolees would result in 75 persons per year statewide requiring relocation. Assuming additional costs for staff time, including custody and travel time to transfer inmates to another county in some cases, the cost for relocation services could exceed $50,000 statewide in any one year. -- END -- AB 231 (Eggman) Page 3 of ?