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
?