BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2290|
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THIRD READING
Bill No: AB 2290
Author: Bradford (D), et al
Amended: 5/28/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/22/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 8-0, 8/2/10
AYES: Kehoe, Alquist, Ashburn, Corbett, Emmerson, Price,
Wolk, Yee
NO VOTE RECORDED: Leno, Walters, Wyland
ASSEMBLY FLOOR : 74-0, 6/2/10 - See last page for vote
SUBJECT : Department of Corrections and Rehabilitation:
inmates:
summary parole
SOURCE : Los Angeles County Sheriffs Department
DIGEST : This bill: (1) requires that the Department of
Corrections and Rehabilitation (CDCR) provide local law
enforcement with the date of a "non-revocable" parolee's
scheduled release not less than 45 days prior to the
inmate's release, or as soon as practicable, if available;
(2) provides that information from CDCR to local law
enforcement be made via CDCR's "LEADS" system; and (3)
enacts non-codified legislative intent language concerning
CONTINUED
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the provision of local services for parolees released from
prison who are not subject to revocation, as specified.
ANALYSIS : Current law, as enacted by SBx3 18 (Ducheny),
Chapter 28, Statutes of 2009, and effective on and after
January 25, 2010, 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:
The person is not required to register as a sex offender.
1. The person was not committed to prison for a serious
felony or a violent felony, and does not have a prior
conviction for a serious felony or a violent felony, as
specified.
2. The person was not committed to prison for a sexually
violent offense, and does not have a prior conviction
for a sexually violent offense, as specified.
3. The person was not found guilty of a serious
disciplinary offense during his or her current term of
imprisonment, as specified.
4 The person is not a validated prison gang member or
associate, as specified.
5 The person did not refuse to sign any written
notification of parole requirements or conditions, as
specified.
6 The person was evaluated by the department using a
validated risk assessment tool and was not determined to
pose a high risk to reoffend. (Penal Code Section
3000.03.)
Current law generally provides 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. (Penal Code
Section 3003(a).)
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Current law enumerates specified information, if available,
that must be released by the CDCR to local law enforcement
agencies regarding a paroled inmate who is released in
their jurisdictions. (Penal Code Section 3003(e).) This
information must come from the statewide parolee database.
The information obtained from each source shall be based on
the same timeframe. All of the information required by
this subdivision shall be provided utilizing a
computer-to-computer transfer in a format usable by a
desktop computer system. The transfer of this information
shall be continually available to local law enforcement
agencies upon request.
This bill includes in this information the date of the
scheduled release of an inmate subject to non-revocable
parole under section 3003.03, "which shall be provided not
less than 45 days prior to that release, or as soon as
practicable."
Current law provides that, except with respect to
information relating to fingerprint cards, the CDCR shall
be the agency primarily responsible for, and shall have
control over, the program, resources, and staff
implementing the Law Enforcement Automated Data System
(LEADS) in conformance with the information sharing
provisions described above. (Penal Code Section 3003(k).)
This bill requires that the information about parolees
released to local law enforcement, as described above, be
released by CDCR via the Law Enforcement Automated Data
System.
This bill includes the following non-codified legislative
intent language:
It is the intent of the Legislature, because of the
state's continuing budget crisis, and its inability to
provide services to recently released unsupervised,
nonrevocable parolees, that local law enforcement, if
possible, should help provide all inmates released to
their jurisdiction on unsupervised, nonrevocable parole
with information regarding services available in their
jurisdiction. Further, it is the intent of the
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Legislature that local county agencies and other local
services providers, to the extent resources are
available, should be encouraged to provide
unsupervised, nonrevocable parolees with services to
facilitate their successful reintegration into
communities within their jurisdiction.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Per the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
CDCR notifications Likely minor and absorbable
ongoing General
workload
This bill requires CDCR to provide local law enforcement
with the date of a "non-revocable" parolee's scheduled
release not less than 45 days prior to the inmate's
release, or as soon as practicable. This information is in
addition to the information CDCR is required to share with
local law enforcement, if available, about inmates who are
paroled. The bill also provides that this information be
made available to local law enforcement via the LEADS.
According to CDCR, the provisions in this bill are
consistent with current departmental practice. The release
of parolees on non-revocable is a recent advent in
California, and the Departmental practice which will be
codified by this bill is also a recent change for the
department. The workload required by this bill appears to
be minor and absorbable, since CDCR has recently
implemented this change, despite the department's
significant budget reductions. This bill, however requires
in statute that these activities continue permanently,
creating minor continued cost pressure to CDCR.
SUPPORT : (Verified 8/3/10)
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Los Angeles County Sheriff's Department (source)
ARGUMENTS IN SUPPORT : The Los Angeles County District
Attorney's Office, which supports this bill, submits in
part, "The notification provided for in AB 2290 is critical
for local law enforcement and the safety of the community.
Since these non-revocable parolees will be released with no
parole officer, no access to programs offered by parole,
and no follow-up, there is a deep concern in the law
enforcement community that these individuals will fail to
properly integrate back into the community and they will
re-offend. . . . () By providing law enforcement with
prior notification of a non-revocable parolees release,
then communities can better prepare to offer services to
assist in the parolees reentry back into society."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill
Berryhill, Blakeslee, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: Tom Berryhill, Charles Calderon, Lieu,
Norby, Audra Strickland, Vacancy
RJG:do 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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