BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 44|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 44
Author: Logue (R)
Amended: 7/12/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 07/05/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 04/25/11 - See last page for vote
SUBJECT : Inmates: release: notification
SOURCE : Author
DIGEST : This bill extends from 45 days to 60 days the
period of time in which the Board of Parole Hearings (BPH)
or the California Department of Corrections and
Rehabilitation (CDCR) must notify local law enforcement of
the scheduled release of an inmate convicted of a violent
felony.
ANALYSIS : Existing law requires that whenever a person
is confined in the state prison for a conviction of a
violent felony, within 45 days of the scheduled release of
that person, CDCR (in the case of determinately sentenced
inmates) or BPH (in the case of indeterminately sentenced
inmates) shall notify the sheriff, chief of police, or
CONTINUED
AB 44
Page
2
both, and the district attorney that have jurisdiction over
the community in which the person was convicted and that
have jurisdiction over the community in which the person is
scheduled to be released. (Penal Code � 3058.6.)
Existing law provides that the sheriff or the chief of
police, when notified as to the pending release of a
violent felon may, without incurring any liability, notify
any person they deem appropriate of the pending release.
(Penal Code � 3058.7(a).)
Existing law also requires the CDCR or BPH to send a notice
to a victim or witness who has requested notification that
a person convicted of a violent felony is scheduled to be
released. (Penal Code � 3058.8(a).)
Existing law requires that, except as specified, an inmate
who is released on parole or post release supervision shall
be returned to the county that was the last legal residence
of the inmate prior to his or her incarceration.
Nonetheless, an inmate may be returned to another county if
that would be in the best interests of the public. In
making its decision, the paroling authority shall consider,
among others, specified factors, giving the greatest weight
to the protection of the victim and the safety of the
community. (Penal Code � 3003(a), (b).)
Existing law provides that 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,
specified violent felonies or a felony in which the
defendant inflicts great bodily injury on any person other
than an accomplice, as specified, if the victim or witness
has requested additional distance in the placement of the
inmate on parole, and if the BPH or the CDCR finds that
there is a need to protect the life, safety, or well-being
of a victim or witness. (Penal Code � 3003(f).)
Existing law provides that an inmate who is released on
parole for specified sex crimes whom the 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.
CONTINUED
AB 44
Page
3
(Penal Code � 3003(g).)
Existing law provides that 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 BPH or the CDCR finds
that there is a need to protect the life, safety, or
well-being of the victim. (Penal Code � 3003(h).)
Existing law provides that 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 � 3003(i).)
This bill extends from 45 days to 60 days the period of
time in which BPH or CDCR must notify local law enforcement
of the scheduled release of an inmate convicted of a
violent felony.
Comments
CDCR summarized their current notification process as
follows:
The Department of Corrections and Rehabilitation
(CDCR) sends release notifications 90 days prior to
parole to those victims/witnesses who have requested a
notice. This will give victims adequate time to
challenge the residential placement in accordance with
established CDCR procedures.
The CDCR also provides notification of release 60 days
prior to parole to law enforcement agencies, district
attorneys and family members pursuant to Penal Code
(PC) Sections 3058.6, 3058.9, 3060.6, 3058.61 and
3058.65.
CDCR informed the Senate Public Safety Committee staff
that, whenever possible, they provide notice 90 days prior
to the release of a person convicted of a violent felony to
victims and witnesses who have requested such notice.
CONTINUED
AB 44
Page
4
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/15/11)
California State Association of Counties
California State Sheriffs' Association
Regional Council of Rural Counties
ARGUMENTS IN SUPPORT : According to the author:
The current timeline that CDCR follows to notify
counties of the release of a parolee is problematic.
The recent high profile release of Loren Herzog, a
convicted serial killer, into Lassen County in my
district caused a great deal of anxiety in the
community and gave law enforcement very little time to
prepare for Herzog's release. This is a perfect
example of the need for CDCR to think further ahead
than the current 45-day timeline. The solution
proposed by AB 44 is to extend the required
notification date from 45 days to 60 days before the
release date. While not a perfect solution, this will
give counties and law enforcement additional notice
and reduce the likelihood of a short notice release.
ASSEMBLY FLOOR : 74-0, 04/25/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Galgiani, Garrick, Gatto,
Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight,
Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Charles Calderon, Furutani, Gorell,
Roger Hern�ndez, Olsen, Vacancy
CONTINUED
AB 44
Page
5
RJG:nl 8/16/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED