BILL NUMBER: SB 1199 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 3, 1999
AMENDED IN SENATE APRIL 19, 1999
INTRODUCED BY Senator Costa
(Coauthors: Assembly Members Cox and Havice)
FEBRUARY 26, 1999
An act to add Section 3058.9 to the Penal Code, and to
add Section 16505 to the Welfare and Institutions Code, relating to
child protective services. amend Section 3058.6 of the
Penal Code, relating to child protective services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1199, as amended, Costa. Child protective services: reports.
Existing law establishes procedures for the notification of
appropriate local government officials of the release or parole of
persons convicted of violent crimes.
This bill would require the Board of Prison Terms and the
Department of Corrections, as appropriate, to notify the Department
of Justice of the release or parole of any person serving a sentence
for child abuse , as specified, or any sex offense where the
victim was a minor. This bill would also require the board or the
department to notify the local child welfare office with jurisdiction
in the community where the parolee is to be released, when the
parolee was convicted of a specified offense of child abuse or any
sex offense involving a minor victim .
Existing law provides for various child protective services by
county welfare departments.
This bill would require, as a condition of parole, furlough, or
any other release or probation, that any person convicted of child
abuse report his or her residence to the Department of Justice, and
would require the Department of Justice to report that information to
the county welfare department child protective services and the
chief of police or sheriff of the city or county in which that person
resides.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3058.9 is added to the Penal
SECTION 1. Section 3058.6 of the Penal Code is amended to read:
3058.6. (a) Whenever any person confined to state prison is
serving a term for the conviction of a violent felony listed in
subdivision (c) of Section 667.5 , or for the conviction of
child abuse pursuant to Section 273a, 273ab, or 273d, or any sex
offense where the victim was a minor , the Board of Prison
Terms, with respect to inmates sentenced pursuant to subdivision (b)
of Section 1168 or the Department of Corrections, with respect to
inmates sentenced pursuant to Section 1170, shall notify the sheriff
or chief of police, or both, and the district attorney, who has
jurisdiction over the community in which the person is scheduled to
be released on parole or rereleased following a period of confinement
pursuant to a parole revocation without a new commitment. With
respect to persons serving a term for the conviction of child abuse
pursuant to Section 273, 273ab, or 273d, or any sex offense where the
victim was a minor, notification as required by this section shall
be given to the local child welfare office that has jurisdiction over
the community in which the person is scheduled to be released as
provided in this section.
(b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3). In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside. The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
(2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
(3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
(4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, who has jurisdiction over the community in
which the person is scheduled to be released on parole at the time of
release. With respect to persons serving a term for the
conviction of child abuse pursuant to Section 273, 273ab, or 273d, or
any sex offense where the victim was a minor, notification as
required by this section shall be given to the local child welfare
office that has jurisdiction over the community in which the person
is scheduled to be released as provided in this section.
(d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole. If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement. Code, to read:
3058.9. (a) Whenever any person confined to state prison is
serving a term for the conviction of child abuse, the Board of Prison
Terms, with respect to inmates sentenced pursuant to subdivision (b)
of Section 1168 or the Department of Corrections, with respect to
inmates sentenced pursuant to Section 1170, shall notify the
Department of Justice of the community to which the person is
scheduled to be released on parole or rereleased following a period
of confinement pursuant to a parole revocation without a new
commitment.
(b) The notification shall be made by mail at least 45 days prior
to the scheduled release date, except as provided in paragraph (3).
In all cases, the notification shall include the name of the person
who is scheduled to be released and the community in which the person
will reside. The notification shall specify the office within the
Department of Corrections with the authority to make final
determination and adjustments regarding parole location decisions.
(c) If the court orders the immediate release of an inmate, the
department shall notify the Department of Justice of the community in
which the person is scheduled to be released on parole at the time
of release.
(d) The department and any entity or official authorized to
provide notice pursuant to this section, and the public agency or
entity employing the official, shall not be liable for providing or
failing to provide notice pursuant to this section.
SEC. 2. Section 16505 is added to the Welfare and Institutions
Code, to read:
16505. (a) (1) The Department of Justice shall notify any child
welfare office of any person in the county who has been convicted of
child abuse and who is required to report his or her residence
pursuant to this section.
(2) The Department of Justice shall also notify the following:
(A) If the person who is the subject of the notification required
by paragraph (1) resides within the limits of any city, the
department shall notify the chief of police of that city.
(B) If the person who is the subject of the notification required
by paragraph (1) resides outside the limits of any city, the
Department of Justice shall notify the sheriff of the county of his
or her residence.
(b) The Department of Justice shall maintain and continually
update a record of the residence of any person who has been convicted
of child abuse and who is subject to the requirements of this
section.
(c) No person who has been convicted of child abuse shall be
granted parole, furlough, or any other release from incarceration, or
probation unless, as a condition thereof, he or she reports his or
her most current address within five working days after changing his
or her place of residence.