BILL ANALYSIS                                                                                                                                                                                                    



                                                                       AB 231


                                                                      Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          231 (Eggman)


          As Amended  May 26, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |ASSEMBLY:  | 77-0 |(April 30,     |SENATE: | 39-0 |(September 2,    |
          |           |      |2015)          |        |      |2015)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  PUB. S.


          SUMMARY:  Requires that an inmate who is released on postrelease  
          community supervision (PRCS) 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.  


          The Senate amendments make a non-substantive correction.


          EXISTING LAW:  


          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.  
          2)States an inmate who is released on parole shall not be returned  








                                                                       AB 231


                                                                      Page  2


            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 California 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.  


          3)Provides 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.  


          4)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 BPH or the CDCR  
            finds that there is a need to protect the life, safety, or  
            wellbeing of the victim.  


          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 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;









                                                                       AB 231


                                                                      Page  3



             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.  


          6)Requires all persons paroled before October 1, 2011 to remain  
            under the supervision of the CDCR until jurisdiction is  
            terminated by operation of law or until parole is discharged.  
          7)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 (MDO);


             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,









                                                                       AB 231


                                                                      Page  4



             g)   A person subject to lifetime parole at the time of the  
               commission of the offense for which he or she is being  
               released.  


          8)Requires all other offenders released from prison on or after  
            October 1, 2011, to be placed on PRCS under the supervision of a  
            county agency, such as a probation department.  
          9)Limits the term for PRCS to three years.  


          10)Provides for intermediate sanctions for violating the terms of  
            PRCS, including "flash incarceration" for up to 10 days.  


          11)Specifies that if PRCS is revoked, the offender may be  
            incarcerated in the county jail for a period not to exceed 180  
            days for each custodial sanction.  


          12)Prohibits the return of an offender who violates conditions of  
            PRCS to prison.  


          AS PASSED BY THE ASSEMBLY, this bill:


          1)Provided 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)Stated 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.


          3)Made other conforming changes.








                                                                       AB 231


                                                                      Page  5




          FISCAL  
          EFFECT:  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% 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 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.  


          COMMENTS:  According to the author, "Current law states that a  
          victim of a stalking offense may request that a parolee, who is  
          released under state supervision, not be returned to a location  
          within 35 miles of the victim's actual residence or place of  
          employment if the CDCR determines there is a need to protect the  
          life, safety, or well-being of the victim.  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 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."










                                                                       AB 231


                                                                      Page  6


          Analysis Prepared by:                                               
                          Gregory Pagan / PUB. S. / (916) 319-3744  FN:  
          0001816