BILL ANALYSIS
AB 2673
Page 1
Date of Hearing: April 20, 2010
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2673 (Nielsen) - As Amended: April 8, 2010
SUMMARY : Prevents parolees from being released on non-revocable
parole if they have been identified as gang members, as
specified. Specifically, this bill :
1)States that parolees required to register as gang members are
not eligible for non-revocable parole.
2)Specifies that parolees who have been identified by the
Department of Justice as being affiliated with a criminal
street gang pursuant to the CALGANG program are ineligible for
non-revocable parole.
3)Provides that parolees who have been identified by a local law
enforcement agency as being affiliated with a criminal street
gang are ineligible for non-revocable parole.
EXISTING LAW :
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;
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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 re-offend. (Penal Code Section 3000.03)
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 (BPT) 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 re-released
following a period of confinement pursuant to a parole
revocation without a new commitment. [Penal Code Section
3058.6(a).]
a) Provides that the notification shall be made by mail at
least 45 days prior to the scheduled release date, except
as provided. 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 DOC with the authority to make final
determination and adjustments regarding parole location
decisions. [Penal Code Section 3058.6(b)(1).]
b) States that notwithstanding any other provision of law,
DOC 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
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scheduled release date. [Penal Code Section 3058.6(b)(2).]
c) Provides 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 BPT, 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 DOC's decision regarding the community
into which the person is scheduled to be released as
specified, DOC 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. [Penal Code Section 3058.6(b)(3).]
d) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the BPT or DOC
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 BPT or DOC which may, based on
those comments, modify its decision regarding the community
in which the person is scheduled to be released. DOC 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 DOC received comments less than 30
days prior to the impending release, in which case DOC
shall respond as soon as practicable prior to the scheduled
release. The comments shall become a part of the inmate's
file. [Penal Code Section 3058.6(b)(4).]
e) Provides that if the court orders the immediate release
of an inmate, DOC shall notify the sheriff or chief of
police, or both, and the district attorney, having
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 at the time of release. [Penal Code
Section 3058.6(c).]
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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. [Penal Code
Section 3003(a).]
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, among others, the following factors,
giving the greatest weight to the protection of the victim and
the safety of the community [Penal Code Section 3003(b)]:
a) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person;
b) Public concern that would reduce the chance that the
inmate's parole would be successfully completed;
c) The verified existence of a work offer, or an
educational or vocational training program;
d) The existence of family in another county with whom the
inmate has maintained strong ties and whose support would
increase the chance that the inmate's parole would be
successfully completed;
e) The lack of necessary outpatient treatment programs for
parolees receiving treatment, as specified; and,
f) In determining an out-of-county commitment, CDCR shall
give priority to the safety of the community and any
witnesses and victims.
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5)Provides in making its decision about an inmate who
participated in a joint venture program, the paroling
authority shall give serious consideration to releasing him or
her to the county where the joint venture program employer is
located if that employer states to the paroling authority that
he or she intends to employ the inmate upon release. [Penal
Code Section 3003(d).]
6)The following information, if available, shall be released by
CDCR to local law enforcement agencies regarding a paroled
inmate who is released in their jurisdictions [Penal Code
Section 3003(e)(1)]:
a) Last, first, and middle name.
b) Birth date.
c) Sex, race, height, weight, and hair and eye color.
d) Date of parole and discharge.
e) Registration status, if the inmate is required to
register as a result of a controlled substance, sex, or
arson offense.
f) California Criminal Information Number, Federal Bureau
of Investigation number, social security number, and
driver's license number.
g) County of commitment.
h) A description of scars, marks, and tattoos on the
inmate.
i) Offense or offenses for which the inmate was convicted
that resulted in parole in this instance.
j) Address, including all of the following information:
i) Street name and number. Post office box numbers are
not acceptable for purposes of this subparagraph.
ii) City and ZIP Code.
iii) Date that the address provided pursuant to this
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subparagraph was proposed to be effective.
aa) Contact officer and unit, including all of the following
information:
i) Name and telephone number of each contact officer.
ii) Contact unit type of each contact officer such as
units responsible for parole, registration, or county
probation.
bb) A digitized image of the photograph and at least a
single digit fingerprint of the parolee.
cc) A geographic coordinate for the parolee's residence
location for use with a Geographical Information System or
comparable computer program.
7)States the information required by this subdivision shall come
from the statewide parolee database. The information obtained
from each source shall be based on the same timeframe. [Penal
Code Section 3003(e)(2).]
8)Provides 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. [Penal Code Section
3003(e)(3).]
9)States the unauthorized release or receipt of the information
described in this subdivision is a violation of Penal Code
Section 11143. [Penal Code Section 3003(e)(4).]
10)Specifies notwithstanding any other provision of law, an
inmate who is released on parole shall not be returned to a
location within 35 miles of the actual residence of a victim
of, or a witness to, a violent felony, or a felony in which
the defendant inflicts great bodily injury on any person other
than an accomplice if the victim or witness has requested
additional distance in the placement of the inmate on parole,
and if the BPT or CDCR finds that there is a need to protect
the life, safety, or well-being of a victim or witness.
[Penal Code Section 3003(f).]
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11)States notwithstanding any other law, an inmate who is
released on parole for a violation of specified sex offenses
whom CDCR determines poses a high risk to the public shall not
be placed or reside, for the duration of his or her parole,
within one-half mile of any public or private school including
any or all of Kindergarten and Grades 1 to 12, inclusive.
[Penal Code Section 3003(g).]
12)Provides notwithstanding any other law, an inmate who is
released on parole for an offense involving stalking shall not
be returned to a location within 35 miles of the victim's
actual residence or place of employment if the victim or
witness has requested additional distance in the placement of
the inmate on parole, and if the Board of Parole Hearings or
CDCR finds that there is a need to protect the life, safety,
or well-being of the victim. [Penal Code Section 3003(h).]
13)States the authority shall give consideration to the
equitable distribution of parolees and the proportion of
out-of-county commitments from a county compared to the number
of commitments from that county when making parole decisions.
[Penal Code Section 3003(i).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "[u]nder current
law implemented as a result of SBx3 18 (2009), many offenders
are being released early from prison and are being placed on
non-revocable parole (NRP) status. NRP status under the law
does not apply for those offenders who are determined by CDCR
to be a validated prison gang member or associate. Although
the Administration and CDCR painted this approach as one that
would protect public safety and focus resources on the most
violent offenders, we are concerned that the parameters for
which a gang member is defined are far too narrow and has
implications for public safety.
"CDCR and current law focus on prison gang members or
associates, failing to acknowledge the seriousness of crimes
committed by criminal street gang members and associates. We
feel strongly that CDCR's review of offenders for NRP should
mirror local law enforcement's definition and review of
criminal street gang members and associates. Local law
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enforcement is on the front lines in dealing with criminal
street gangs and are more appropriately suited to determining
the status of an offender and his/her association with a gang.
"It is for these reasons that I - along with Crime Victims
United of California (CVUC) - propose to add the following
criteria for consideration by CDCR in assessing an offender's
eligibility for NRP under the law:
a) "The person is not required to register pursuant to
Section 186.30;
b) "The person has not been identified by the Department of
Justice as being affiliated with a criminal street gang
pursuant to the CALGANG program; and,
c) "The person has not been identified by a local law
enforcement agency as being affiliated with a criminal
street gang.
"It is imperative we address this issue swiftly. According to
CDCR numbers, at least two offenders with gang activity
offenses under the STEP Act have already been released to NRP
as of February 28th. We must ensure that these offenders are
properly reviewed by criteria that go beyond affiliation with
gang activity solely in prison."
2)Background : According to the background submitted by the
author, "SBx3 18 provided that offenders subject to NRP cannot
have committed a serious disciplinary offense while in prison
or be a validated prison gang member or associate.
"CVUC is concerned, however, that CDCR's definition of a gang
member is too narrow. CDCR and current law focuses on prison
gang members or associates, failing to acknowledge the
seriousness of crimes committed by criminal street gang
members and associates. CVUC feels strongly that CDCR's
review of offenders for NRP should mirror local law
enforcement's definition and review of criminal street gang
members and associates."
3)SBx3 18 : In response to severe prison overcrowding and
increased costs, California Penal Code Section 3000.03 created
a new subset of paroled inmates, NRPs, (non-serious,
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nonviolent, non-sex offenders) who, upon release, would be on
"summary parole" without supervision. Starting January 25,
2010, CDCR began releasing inmates under this provision into
California communities.
SBx3 18 (Ducheny), Chapter 28, Statutes of 2009, created a new
category of low-level parolees, "NRPs", and not subject to
direct supervision. There are a number of pre-requisites that
apply prior to an inmate qualifying for non-revocable parole.
These include:
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 CDCR regulation, during
his or her current term of imprisonment;
e) The person is not a validated prison gang member or
associate as defined in CDCR regulation;
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 re-offend.
4)Parole Generally : The status of parole is granted to any
prisoner on release from a California prison after serving his
or her sentence. (Penal Code Section 3000). Although no
longer in physical custody, a parolee is required to comply
with specified restrictions to his or her freedom. [People v.
Burgener (1986) 41 Cal 3d 505, 531.] A prisoner on parole can
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be either a determinately sentenced prisoner or an
indeterminately sentenced prisoner serving a sentence of life
with the possibility of parole.
The purpose of parole is to provide a transition period for a
formerly incarcerated person so that he or she may reintegrate
into the community. In general, parole involves supervision
and surveillance. The goals of parole include public safety,
reintegration of the parolee back into society, and making
parole decisions that are fiscally responsible on behalf of
California. [Penal Code Section 3000(a).] Parole is meant to
be reformatory in purpose; the object is to mitigate the rigor
of the prison system and to allow the prisoner to reenter
society by replacing continued incarceration with a
conditional freedom controlled by parole conditions. [Penal
Code Section 3056; People v. Denne (1956) 141 Cal App 2d 499,
507.] Parole provides a testing period for the reintegration
of a prisoner into society. [In re Carabes (1983) 144 Cal App
3d 927, 931.]
5)Argument in Support : None submitted.
6)Argument in Opposition : According to the Taxpayers for
Improving Public Safety , "[t]his bill would add additional
criteria to prohibit the release of an inmate on parole if the
person is affiliated with a criminal street gang. Although at
first glance this would appear to reduce the threat to public
safety, it has the exact opposite effect and will increase
violence both inside and outside prisons.
"Some inmates who are determined to be members of criminal
street gangs by CDCR seek to exit the gang life by going
through the appropriate procedures at a prison and then
transfer to a Special Needs Yard (SNY). Although verified
gang members, these individuals are seeking a way out of the
life. Although an inmate may complete his/her period of
incarceration in the SNY, he/she remains a verified gang
member.
"This proposal takes these individuals right back to the life
which they have sought to escape. The legislation provides no
provision for the individual who, although small in number,
that successfully rehabilitates himself/herself, while in
prison. This legislation will prevent CDCR from
distinguishing between those that want to rehabilitate from
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those that choose not to do so."
7)Related Legislation : AB 1678 (Lieu) limits what parolees may
be placed on unsupervised, non-revocable parole and creates a
system for preventing NRP of individuals upon the objection of
local law enforcement. AB 1678 will be heard by this
Committee today.
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
Taxpayers for Improving Public Safety
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744