BILL ANALYSIS �
AB 44
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CONCURRENCE IN SENATE AMENDMENTS
AB 44 (Logue and Galgiani)
As Amended July 12, 2011
Majority vote
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|ASSEMBLY: |74-0 |(April 25, |SENATE: |34-0 |(August 22, |
| | |2011) | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Extends from 45 to 60 days the period in which the
California Department of Corrections and Rehabilitation (CDCR)
must notify the sheriff, chief of police, or both, and the
district attorney of the scheduled release date of an inmate who
has been convicted of a "violent" felony.
The Senate amendments make technical non-substantive changes.
EXISTING LAW :
1)Provides that whenever a person confined in the state prison
for a conviction of a violent felony, the California
Department of Corrections (CDC) or the Board of Parole
Hearings (BPH) shall notify the local law enforcement agencies
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.
2)Requires the CDC or the BPH, within 45 days of the scheduled
release of a person convicted of a violent felony, to notify
the sheriff, chief of police, or both, and the district
attorney in the jurisdiction where the person is scheduled to
be paroled.
3)Provides that the sheriff or the chief of police when notified
as to the pending release of a violent felon may notify an
appropriate person of a pending release.
4)Requires the CDC 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.
5)Provides that the CDC shall notify local law enforcement of
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the fact that a paroled inmate is going to be released in its
jurisdiction.
6)Provides that upon conviction of a violent felony, the
district attorney, probation officer, or victim-witness
coordinator shall notify the victim as to his or her right to
be sent notice of the defendant's release from custody.
7)Provides that if a victim or witness so requests, the CDC
shall not return an inmate released on parole who committed a
violent felony to a location within 35 miles of the actual
residence of a victim or witness.
AS PASSED BY THE ASSEMBLY , this bill extended from 45 to 60 days
the period in which the California Department of Corrections and
Rehabilitation (CDCR) must notify the sheriff, chief of police,
or both, and the district attorney of the scheduled release date
of an inmate who has been convicted of a "violent" felony.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "Existing law requires CDCR
to notify a county 45 days prior to a prisoner being released on
parole. The county then has 15 days to submit comments and
express safety concerns regarding the placement of the parolee.
This bill was prompted by the parole of Loren Herzog into Lassen
County earlier this year. Herzog, a felon suspected of killing
up to 22 people, was released on short notice to county law
enforcement, prompting public outcry and protests throughout the
small community. This is a common sense bill that will give
local law enforcement increased notice when a "violent" felon is
being released into the community. "
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0002008
AB 44
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