BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 231 (Eggman) - Parole:  placement at release
          
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          |Version: May 26, 2015           |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: June 22, 2015     |Consultant: Jolie Onodera       |
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          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  







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          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  








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          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.




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