BILL ANALYSIS
AB 2290
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ASSEMBLY THIRD READING
AB 2290 (Bradford and Lieu)
As Amended May 28, 2010
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Conway, Ammiano, |
| |Gilmore, Hill, | |Bradford, Charles |
| |Portantino, Skinner | |Calderon, Coto, Davis, |
| | | |Monning, Ruskin, Harkey, |
| | | |Miller, Nielsen, Norby, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to give notice to local law enforcement
prior to the release of parolees released on non-revocable
parole and encourages local jurisdictions to provide them with
services. Specifically, this bill :
1)Requires CDCR, not less that 45 days prior to the release of
an inmate on unsupervised, non-revocable parole, notify the
local law enforcement agency of the jurisdiction to which the
inmate is being released regarding that scheduled release.
The notification shall be made through the Law Enforcement
Automated Date System.
2)States legislative intent that because of California's
continuing budget crisis and its inability to provide services
to recently released, non-revocable parolees that local law
enforcement, if possible, should help provide all inmates
released to their jurisdiction on unsupervised, non-revocable
parole with information regarding services available in their
jurisdiction. Further states legislative intent that local
county agencies and other local service providers, to the
extent resources are available, should be encouraged to
provide non-revocable parolees with services to facilitate
their successful re-integration into communities within their
jurisdiction.
EXISTING LAW :
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1)Provides that notwithstanding any other provision of law, CDCR
shall not return to prison, place a parole hold, or report any
parole violation to the Board of Parole Hearings regarding any
person to whom all of the following criteria apply:
a) The person is not required to register as a sex
offender, as specified;
b) The person was not committed to prison for a serious
felony or a violent felony (strikes), and does not have a
prior conviction for a serious felony or a violent felony
(strikes);
c) The person was not committed to prison for a sexually
violent offense, as defined, and does not have a prior
conviction for a sexually violent offense, as defined;
d) The person was not found guilty of a serious
disciplinary offense, as defined in regulation by CDCR,
during his or her current term of imprisonment;
e) The person is not a validated prison gang member or
associate, as defined in regulation by CDCR;
f) The person did not refuse to sign any written
notification of parole requirements or conditions,
including, but not limited to, the written notification of
requirements, as specified; and,
g) The person was evaluated by CDCR using a validated risk
assessment tool and was not determined to pose a high risk
to reoffend.
2)States that whenever any person confined to state prison is
serving a term for the conviction of a violent felony, the
Board of Prison Terms or the Department of Corrections (DOC)
shall notify the sheriff or chief of police, or both, and the
district attorney, who has jurisdiction over the community in
which the person was convicted and, in addition, the sheriff
or chief of police, or both, and the district attorney, having
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
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a new commitment.
3)States that except as otherwise provided in this section, 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. For purposes of this
subdivision, "last legal residence" shall not be construed to
mean the county wherein the inmate committed an offense while
confined in a state prison or local jail facility or while
confined for treatment in a state hospital.
4)States that an inmate may be returned to another county if
that would be in the best interests of the public. If the
Board of Parole Hearings setting the conditions of parole for
inmates sentenced as specified and as determined by the parole
consideration panel, or CDCR setting the conditions of parole
for inmates decides on a return to another county, it shall
place its reasons in writing in the parolee's permanent record
and include these reasons in the notice to the sheriff or
chief of police. In making its decision, the paroling
authority shall consider specified.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable costs.
COMMENTS : According to the author, "AB 2290 will provide
additional time (45 days) prior to the release of a nonrevocable
parolee to allow local agencies an opportunity to coordinate
vital services needed for ex-offenders to successfully
transition back into our communities. Through oversight and
coordination of services by locals, these individuals can have
access to services they would otherwise have to seek out, such
as mental health services, rehabilitation programs, public
health services, job training programs, among others.
Successful reintegration of offenders into society is one of the
ways to break the cycle of recidivism, and providing services
immediately upon release is a tool that we can use to accomplish
that goal."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
AB 2290
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319-3744 FN:
0004610