BILL ANALYSIS Ó
AB 231
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
231 (Eggman)
As Amended May 26, 2015
Majority vote
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|ASSEMBLY: | 77-0 |(April 30, |SENATE: | 39-0 |(September 2, |
| | |2015) | | |2015) |
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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
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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;
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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,
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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.
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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."
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Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0001816