BILL ANALYSIS
AB 2295
Page 1
ASSEMBLY THIRD READING
AB 2295 (De La Torre and Fletcher)
As Amended May 28, 2010
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 12-0
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Ammiano, |
| |Gilmore, Hill, | |Bradford, |
| |Portantino, Skinner | |Charles Calderon, Coto, |
| | | |Davis, Monning, Ruskin, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Requires the Department of Corrections and
Rehabilitation (CDCR) to permanently retain all files prepared
by the Division of Adult Parole Operations regarding any person
who was paroled who has been imprisoned for committing a violent
felony or who is required to register as a sex offender.
EXISTING LAW :
1)Provides that a parolee's parole terminates after the parole
has served the entire time of parole, when the parole
authority discharges the parolee from parole for good cause,
or by operation of law.
2)States that depending on the commitment offense, a parolee
must be discharged within 30 days after the end of the first,
second or third continuous year on parole if the Board of
Parole Hearings does not order retention.
3)Specifies that parole entails supervision and surveillance,
including the judicious use of revocation actions, and should
also include vocational, family, and personal counseling
necessary to assist parolees in the process.
4)States that unless parole is waived by Board of Parole
Hearings for good cause, all prisoners must serve a period of
parole.
5)Specifies that nearly all determinately sentenced prisoners
AB 2295
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are subject to three years of parole. That period can be
extended to four years for misconduct that results in parole
revocation.
6)States that ordinarily a prisoner is paroled to the county
that was his or her last legal residence before incarceration.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no new costs; codified current practice.
COMMENTS : According to the author, "[w]e have an obligation to
prioritize the retention of parole files that could be of value
to law enforcement in identifying and apprehending dangerous
individuals. It defies logic that CDCR policies require longer
retention periods for expense receipts and other minor documents
than for parole agents' notes of offenders' habits and
behaviors. AB 2295 will place parole file retention
requirements into statute to ensure that important information
related to dangerous offenders is retained for use by law
enforcement."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004615