BILL NUMBER: AB 920 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Gipson
FEBRUARY 26, 2015
An act to amend add Section
3043 of 4025.5 to the Penal Code, relating to
parole. jails.
LEGISLATIVE COUNSEL'S DIGEST
AB 920, as amended, Gipson. Parole: information to
victims. Jails: county inmate welfare funds.
Existing law authorizes the sheriff of each county to maintain an
inmate welfare fund to be kept in the treasury of the county into
which profit from a store operated in connection with the county
jail, 10% of all gross sales of inmate hobbycraft, and any rebates or
commissions received from a telephone company, as specified, are
required to be deposited. Existing law authorizes the sheriff to
expend money from the fund to assist indigent inmates, prior to
release, with clothes and transportation expenses, as specified.
Existing law authorizes inmate welfare funds to be used to augment
county expenses determined by the sheriff to be in the best interests
of the inmates, and requires the sheriff to submit an itemized
report of those expenditures annually to the board of supervisors.
This bill would create a program that authorizes the sheriff or
county officer responsible for operating jails of certain counties to
spend money from the inmate welfare fund for the purpose of
assisting indigent inmates with the reentry process within 30 days
after the inmate's release from the county jail or other adult
detention facility. The bill would specify that the assistance
provided may include work placement, counseling, obtaining proper
identification, education, and housing. The bill would specify that
money from the inmate welfare fund shall not be used under the
program to provide services that are required to be provided by the
sheriff or county, as specified. The bill would require, if a county
elects to participate in the pilot program, a county sheriff or
county officer responsible for operating a jail to include specified
additional information in the itemized report of expenditures to the
board of supervisors, including the number of inmates the program
served.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the counties described above.
Existing law, added by Proposition 8, approved by the voters at
the June 8, 1982, statewide primary election and amended by
Proposition 9, approved by the voters at the November 4, 2008,
statewide general election, requires the Board of Parole Hearings,
upon request, to notify the victim, or next of kin of the victim, of
any crime committed by a prisoner, of any hearing to review or
consider the parole suitability or the setting of a parole date for
that prisoner. Existing law also provides the victim, the victim's
next of kin, members of the victim's family, and 2 representatives to
appear, personally or by counsel, at the hearing and to make a
statement, as prescribed. Proposition 8 provides that this statutory
provision shall not be amended by the Legislature except by a statute
passed in each house by rollcall vote, 2/3 of the membership
concurring, or by a statute approved by the voters. Proposition 9
provides that the statutory provisions of that act may not be amended
by the Legislature, except by a statute passed in each house by
rollcall vote, 3/4 of the membership of each house concurring, or by
a statute approved by the voters. However, the Legislature may amend
those provisions by a majority vote of the membership of each house
to expand the scope of those provisions or to further the rights of
victims of crimes.
This bill, when notification has been requested by the victim or
the victim's next of kin, would authorize the victim's attorney to
request to be provided a copy of the board packet and would require
that information to be provided at the same time it is provided to
the district attorney.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4025.5 is added to the
Penal Code , to read:
4025.5. (a) There is hereby created a program in the Counties of
Alameda, Kern, Los Angeles, Marin, Napa, Orange, Sacramento, San
Bernardino, San Francisco, San Diego, San Luis Obispo, Santa Barbara,
Santa Clara, Stanislaus, and Ventura. In each county, the sheriff or
the county officer responsible for operating the jails may expend
money from the inmate welfare fund to provide indigent inmates, after
release from the county jail or any other adult detention facility
under the jurisdiction of the sheriff or the county officer
responsible for operating the jails, assistance with the reentry
process within 30 days after the inmate's release. The assistance
provided may include work placement, counseling, obtaining proper
identification, education, and housing.
(b) This section does not authorize money from the inmate welfare
fund to be used to provide any services that are required to be
provided by the sheriff or the county. Money in the fund shall
supplement existing services, and shall not be used to supplant any
existing funding for services provided by the sheriff or the county.
(c) As part of the itemized report of expenditures required to be
submitted to the board of supervisors pursuant to Section 4025, any
sheriff or county officer responsible for operating a jail of a
county that participates in the program shall include in the report
all of the following:
(1) How much money was spent pursuant to this section.
(2) The number of inmates the program served.
(3) The types of assistance for which the funds were used.
(4) The average length of time an inmate used the program.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances in the
Counties of Alameda, Kern, Los Angeles, Marin, Napa, Orange,
Sacramento, San Bernardino, San Francisco, San Diego, San Luis
Obispo, Santa Barbara, Santa Clara, Stanislaus, and Ventura.
SECTION 1. Section 3043 of the Penal Code is
amended to read:
3043. (a) (1) Upon request to the Department of Corrections and
Rehabilitation and verification of the identity of the requester,
notice of a hearing to review or consider the parole suitability or
the setting of a parole date for any prisoner in a state prison shall
be given by telephone, certified mail, regular mail, or electronic
mail, using the method of communication selected by the requesting
party, if that method is available, by the Board of Parole Hearings
at least 90 days before the hearing to a victim of a crime committed
by the prisoner, or to the next of kin of the victim if the victim
has died, to include the commitment crimes, determinate term
commitment crimes for which the prisoner has been paroled, and any
other felony crimes or crimes against the person for which the
prisoner has been convicted. The requesting party shall keep the
board apprised of his or her current contact information in order to
receive the notice.
(2) No later than 30 days prior to the date selected for the
hearing, a person, other than the victim, entitled to attend the
hearing shall inform the board of his or her intention to attend the
hearing and the name and identifying information of any other person
entitled to attend the hearing who will accompany him or her.
(3) No later than 14 days prior to the date selected for the
hearing, the board shall notify every person entitled to attend the
hearing confirming the date, time, and place of the hearing.
(b) (1) The victim, next of kin, members of the victim's family,
and two representatives designated as provided in paragraph (2) have
the right to appear, personally or by counsel, at the hearing and to
adequately and reasonably express his, her, or their views concerning
the prisoner and the case, including, but not limited to, the
commitment crimes, determinate term commitment crimes for which the
prisoner has been paroled, any other felony crimes or crimes against
the person for which the prisoner has been convicted, the effect of
the enumerated crimes on the victim and the family of the victim, the
person responsible for these enumerated crimes, and the suitability
of the prisoner for parole.
(2) A statement provided by a representative designated by the
victim or next of kin may cover any subject about which the victim or
next of kin has the right to be heard including any recommendation
regarding the granting of parole. The representatives shall be
designated by the victim or, in the event that the victim is deceased
or incapacitated, by the next of kin. They shall be designated in
writing for the particular hearing prior to the hearing.
(c) When notification has been requested pursuant to subdivision
(a), the victim's attorney may request to be provided a copy of the
board packet. The requested board packet shall be provided at the
same time as that information is provided to the district attorney.
(d) A representative designated by the victim or the victim's next
of kin for purposes of this section may be any adult person selected
by the victim or the family of the victim. The board shall permit a
representative designated by the victim or the victim's next of kin
to attend a particular hearing, to provide testimony at a hearing,
and to submit a statement, which may include substantiating
references to the board packet, to be included in the hearing as
provided in Section 3043.2, even though the victim, next of kin, or a
member of the victim's immediate family is present at the hearing,
and even though the victim, next of kin, or a member of the victim's
immediate family has submitted a statement as described in Section
3043.2.
(e) The board, in deciding whether to release the person on
parole, shall consider the entire and uninterrupted statements of the
victim or victims, next of kin, immediate family members of the
victim, and the designated representatives of the victim or next of
kin, if applicable, made pursuant to this section and shall include
in its report a statement as to whether the person would pose a
threat to public safety if released on parole.
(f) In those cases where there are more than two immediate family
members of the victim who wish to attend a hearing covered in this
section, the board shall allow attendance of additional immediate
family members to include the following: spouse, children, parents,
siblings, grandchildren, and grandparents.