BILL ANALYSIS
AB 2290
Page 1
Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2290 (Bradford) - As Amended: April 8, 2010
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the California Department of Corrections and
Rehabilitation (CDCR) to give 45 days notice to local law
enforcement prior to the release of parolees on non-revocable
parole and states legislative intent that local jurisdictions
provide these non-revocable parolees (NRPs) with reentry
services.
FISCAL EFFECT
1)Moderate annual costs, likely in the range of $1 million for
programming costs and the equivalent of 10 case records
staff. (CDCR's preliminary analysis indicates a need for as
many as 48 positions.)
CDCR currently releases to local law enforcement information
related to each parolee, albeit generally without a specified
statutory advance period, but the information is not provided
in notification form, but via CDCR's Law Enforcement Automated
Data System (LEADS).
Current estimates indicate about 33,000 NRPs in 2010-11.
2)The NRP parole reform, designed to focus resources on parolees
most likely to reoffend, is projected to save $151 million in
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2010-11, with similar savings in the out-years.
COMMENTS
1)Rationale . Last month, pursuant to SBX3 18, Statutes of 2009,
CDCR began releasing non-violent, non-serious, non-sex
offender inmates who have completed their prison terms in full
and cleared a risk assessment that among other things, rejects
validated gang members and offenders with serious in-prison
disciplinary offenses, on non-revocable parole status. These
NRPs, while subject to search and seizure by law enforcement,
are not subject to parole supervision and must be charged and
convicted in court for a new offense in order to be returned
to prison.
The author's intent is to provide notice of these releases to
local law enforcement so that local authorities may be in
better position to make various reentry services available to
these individuals.
2)Current Law . CDCR is required to make numerous offender
release notifications. Notifications are not made for every
parolee, and not all notifications are sent to law enforcement
agencies. Statute requires release notification to local law
enforcement for parolees who have committed violent offenses,
crimes against minors, and stalking, generally 45 days prior
to release. CDCR provides release notification to
victims/witnesses, who have requested a notice, 90 days prior
to parole/release.
CDCR is also required to release specified information - name,
offense, date of birth, address, photo, and identifying
information - to local law enforcement for all parolees
released in their jurisdicition.
3)Support . According to the L.A. Sheriff's Department, "If a law
enforcement agency has 45 days prior to notification of NRP
release, then agencies can prepare to contact the individual
and offer services or help with re-entry back into society. As
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a result, there will be a better chance the individual will
not re-offended and may receive services in which they are in
dire need."
4)Concerns . Currently CDCR generally notifies law enforcement in
the county of the parolee's commitment, as current law
generally requires an inmate to parole to the county of
commitment. NRPs will not be required to parole to the county
of commitment, so it is not clear who CDCR should notify,
though in most cases these inmates will likely return to the
county commitment.
Also, there will be cases in which CDCR is unable to provide
45-day notice, such as when inmates are received within the
45-day period, the author may wish to consider add "or as soon
as practicable." to the 45-day requirement."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081