BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 231|
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                                   THIRD READING 


          Bill No:  AB 231
          Author:   Eggman (D), et al.
          Amended:  5/26/15 in Senate
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/9/15
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  77-0, 4/30/15 (Consent) - See last page for  
            vote

           SUBJECT:   Parole: placement at releaseParole: placement at  
                     release.


          SOURCE:    Chief Probation Officers of California


          DIGEST:  This bill requires that an inmate who is released on  
          postrelease community supervision for a stalking offense not be  
          returned to a location within 35 miles of the victim's actual  
          residence or place of employment, if specified criteria are  
          satisfied.  


          ANALYSIS:   


          Existing law:









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          1)Requires that, subject to specified exceptions, an inmate who  
            is released on parole shall be returned to the county that was  
            the last legal residence of the inmate prior to his or her  
            incarceration.  (Pen. Code, § 3003, subd. (a).)  


          2)States that an inmate who is released on parole shall not be  
            returned to a location within 35 miles of the actual residence  
            of a victim of, or a witness to, specified violent felonies or  
            a felony in which the defendant inflicts great bodily injury  
            on any person, if the victim or witness has requested  
            additional distance in the placement of the inmate on parole,  
            and if 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 well-being of a victim or  
            witness.  (Pen. Code, § 3003, subd. (f).)


          3)Provides that an inmate who is released on parole for a  
            violation of lewd and lascivious acts or continuous sexual  
            abuse of a child, whom the CDCR determines poses a high risk  
            to the public, shall not be placed or reside, for the duration  
            of his or her parole, within one-half mile of any public or  
            private school.  (Pen. Code, § 3003, subd. (g).)


          4)Requires 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  
            BPH or the CDCR finds that there is a need to protect the  
            life, safety, or wellbeing of the victim.  (Pen. Code, § 3003,  
            subd. (h).)


          5)Provides an exception allowing an inmate may be returned to  
            another county if that would be in the best interests of the  
            public.  If BPH or CDCR decides on a return to another county,  
            it shall place its reasons in writing in the parolee's  
            permanent record.  In making its decision, the paroling  
            authority shall consider, among others, the following factors,  
            giving the greatest weight to the protection of the victim and  







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            the safety of the community:


             a)   The need to protect the life or safety of a victim, the  
               parolee, a witness, or any other  person;


             b)   Public concern that would reduce the chance that the  
               inmate's parole would be successfully completed;


             c)   The verified existence of a work offer, or an  
               educational or vocational training program;


             d)   The existence of family in another county with whom the  
               inmate has maintained strong ties and whose support would  
               increase the chance that the inmate's parole would be  
               successfully completed; or


             e)   The lack of necessary outpatient treatment programs for  
               parolees receiving treatment as mentally disordered  
               offenders.  (Pen. Code, § 3003, subd. (b)(1)-(5).)


          1)Requires the following persons released from prison on or  
            after October 1, 2011, be subject to parole under the  
            supervision of CDCR:


             a)   A person who committed a "serious" felony, as specified;


             b)   A person who committed a violent felony, as specified; 


             c)   A person serving a Three-Strikes sentence;


             d)   A high risk sex offender; 


             e)   A mentally disordered offender;







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             f)   A person required to register as a sex offender and  
               subject to a parole term exceeding three years at the time  
               of the commission of the offense for which he or she is  
               being released; and,


             g)   A person subject to lifetime parole at the time of the  
               commission of the offense for which he or she is being  
               released.  (Pen. Code, § 3000.08, subds. (a) & (c).)


          1)Requires all other offenders released from prison on or after  
            October 1, 2011, to be placed on postrelease community  
            supervision (PRCS) under the supervision of a county agency,  
            such as a probation department.  (Pen Code § 3000.08, subd.  
            (b).)


          This bill:


          1)Provides that an inmate who is released from prison on PRCS  
            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 PRCS 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.


          3)Makes other conforming changes.


          Background


          Existing law provides that an inmate who is released on parole  







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          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 BPH or the 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 provides that the siting restrictions described above  
          - those applicable to felons being released from prison for an  
          offense involving stalking - apply to persons subject to parole  
          or to PRCS (probation).   


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee:  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  
            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  







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            annual funding for the cost increase. To the extent the  
            provisions of this bill increase the workload and overall  
            costs of county probation departments could result in the  
            provision of additional General Fund support from the State.


          SUPPORT:   (Verified8/28/15)


          Chief Probation Officers of California (source)
          California Communities United Institute
          California District Attorneys Association
          California Probation, Parole and Correctional Association
          California State Sheriffs' Association
          Californians for Safety and Justice
          Crime Victims United of California
          Los Angeles County District Attorney's Office
          National Association of Social Workers, California Chapter


          OPPOSITION:   (Verified8/28/15)


          None received


          ARGUMENTS IN SUPPORT:     The author states, "Under AB 109  
          (Public Safety Realignment Act of 2011), those convicted of  
          felony stalking, under Penal Code 646.9, may be sentenced to a  
          term in state prison. Currently, offenders who are paroled from  
          state prison can be prohibited from moving within 35 miles of  
          the victim's home or place of employment. The same is not true  
          for offenders who have been released and placed under  
          Post-Release Community Supervision.


          "This is because existing law, Penal Code 3003, applies only to  
          offenders released to parole supervision by the California  
          Department of Corrections and Rehabilitation.  As a result,  
          Penal Code 3003 does not expressly authorize county probation to  
          make the same prohibitions to protect the life, safety, or  
          well-being of the victim."

          ASSEMBLY FLOOR:  77-0, 4/30/15







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          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Chávez, Gomez

          Prepared by:Alison Anderson / PUB. S. / 
          8/31/15 8:32:13


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