BILL NUMBER: SB 852 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Harman
(Coauthor: Senator Hancock)
FEBRUARY 18, 2011
An act to amend Sections 646.92, 679.03, 3043, 3058.8, and 11155
of the Penal Code, relating to corrections, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 852, as amended, Harman. Corrections: victim notification.
Existing law requires the Department of Corrections and
Rehabilitation, county sheriff, and director of the local department
of corrections, upon request, to give notice, as specified, prior to
the release from state prison or county jail, of any person convicted
of specified offenses, or of any change in parole status or relevant
change in parole location, or if the person absconds from
supervision while on parole, to a victim of the offense and others,
as specified. Existing law provides for this notice by telephone and
certified mail, and requires those persons requesting notice to
provide current address and telephone numbers, as specified.
This bill would authorize providing that notice by telephone,
certified mail, or electronic mail, as specified
selected by the requesting party, if that method is available
.
Existing law requires the Department of Corrections and
Rehabilitation to supply a form to designated agencies in order to
enable persons to request and receive notification from the
department of the release, escape, scheduled execution, or death of
the violent offender. Existing law requires the agency to give the
form to the victim, witness, or next of kin of the victim for
completion, explain to that person or persons the right to be so
notified, and forward the completed form to the department.
This bill would instead additionally
require the Department of Corrections and Rehabilitation to
establish notification procedures and inform the designated agencies
in order to enable persons requesting notice to request and receive
notification from the department of the release, escape, scheduled
execution, or death of the violent offender. The bill would require
that agencies inform the victim, witness, or next of kin of the
victim about the notification procedures and explain to that person
or persons the right to be so notified. By imposing new duties on
local law enforcement, this bill would impose a state-mandated local
program.
Existing law, added by Proposition 8, approved by the voters
at the June 8, 1982, statewide primary election and amended by
Proposition 9, approved by the voters at the November 4, 2008,
statewide general election, requires the Board of Parole Hearings
, upon request, to notify the victim, or next of kin of
the victim, of any crime committed by a prisoner, of any hearing to
review or consider the parole suitability or the setting of a parole
date for that prisoner. Proposition 8 provides that this
statutory provision shall not be amended by the Legislature except by
a statute passed in each house by rollcall vote, 2/3
of the membership concurring or by a statute approved by
the voters. Proposition 9 provides that the statutory provisions of
that act shall not be amended by the Legislature, except by a statute
passed in each house by rollcall vote, 3/4 of
the membership of each house concurring or by a statute approved by
the voters. However, the Legislature may amend those provisions by a
majority vote of the membersh ip of each house to expand
the scope of those provisions or to further the rights of victims of
crimes.
This bill would permit the victim, or next of kin of the victim,
to receive that notice , upon request to the department and
verification of the identity of the requester, by telephone,
electronic mail, or certified mail , using the method selected
by the requester, if that method is available . The bill would
provide that this act furthers the rights of victims of crimes for
purposes of Proposition 9. By amending this provision, the bill
would amend Proposition 8. Because the bill would require the
verification of the identity of the requester as a condition to
receiving notice, it would amend Proposition 9 in a manner requiring
a 3/4 vote.
Existing law provides that as soon as placement of an inmate in
any reentry or work furlough program is planned, but in no case less
than 60 days prior to that placement, the Department of Corrections
and Rehabilitation shall send written notice, if notice has been
requested, to specified requesting parties, to the last address of
the requesting party provided to the department.
This bill would authorize the notice to be sent to a victim or
next of kin of a victim by telephone, certified mail, or
electronic mail, using the method of communication selected by
the requesting party, if that method is available, and
would require the department to send the notices to the last mailing
address, electronic mail address, or telephone number provided to the
department by the victim or next of kin of the victim.
The bill would make other conforming changes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 3/4 . Appropriation: no.
Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 646.92 of the Penal Code is amended to read:
646.92. (a) (1) The Department of Corrections and Rehabilitation,
county sheriff, or director of the local department of corrections
shall give notice not less than 15 days prior to the release from the
state prison or a county jail of any person who is convicted of
violating Section 646.9 or convicted of a felony offense involving
domestic violence, as defined in Section 6211 of the Family Code, or
any change in the parole status or relevant change in the parole
location of the convicted person, or if the convicted person absconds
from supervision while on parole, to any person the court identifies
as a victim of the offense, a family member of the victim, or a
witness to the offense by telephone, electronic mail, or certified
mail at his or her last known address, upon request and using the
method of communication selected by the requesting party , if
that method is available . A victim, family member, or witness
shall keep the department or county sheriff informed of his or her
current contact information to be entitled to receive notice. A
victim may designate another person for the purpose of receiving
notification. The department, county sheriff, or director of the
local department of corrections, shall make reasonable attempts to
locate a person who has requested notification but whose contact
information is incorrect or not current. However, the duty to keep
the department or county sheriff informed of current contact
information shall remain with the victim.
(2) Following notification by the department pursuant to Section
3058.61, in the event the victim had not originally requested
notification under this section, the sheriff or the chief of police,
as appropriate, shall make an attempt to advise the victim or, if the
victim is a minor, the parent or guardian of the victim, of the
victim's right to notification under this section.
(b) All information relating to any person who receives notice
under this section shall remain confidential and shall not be made
available to the person convicted of violating this section.
(c) For purposes of this section, "release" includes a release
from the state prison or a county jail because time has been served,
a release from the state prison or a county jail to parole or
probation supervision, or an escape from an institution or reentry
facility.
(d) The department or county sheriff shall give notice of an
escape from an institution or reentry facility of any person
convicted of violating Section 646.9 or convicted of a felony offense
involving domestic violence, as defined in Section 6211 of the
Family Code, to the notice recipients described in subdivision (a).
(e) Substantial compliance satisfies the notification requirements
of subdivision (a).
SEC. 2. Section 679.03 of the Penal Code, as amended by Section 65
of Chapter 178 of the Statutes of 2010, is amended to read:
679.03. (a) With respect to the conviction of a defendant
involving a violent offense, as defined in Section 29905, the county
district attorney, probation department, and victim-witness
coordinator shall confer and establish an annual policy within
existing resources to decide which one of their agencies shall inform
each witness involved in the conviction who was threatened by the
defendant following the defendant's arrest and each victim or next of
kin of the victim of that offense of the right to request and
receive a notice pursuant to Section 3058.8 or 3605. If no agreement
is reached, the presiding judge shall designate the appropriate
county agency or department to provide this notification.
(b) The Department of Corrections and Rehabilitation shall
supply a form, establish notification procedures ,
and inform the agency designated pursuant to subdivision (a) in order
to enable persons specified in subdivision (a) to request and
receive notification from the department of the release, escape,
scheduled execution, or death of the violent offender. That agency
shall inform the victim, witness, or next of kin of the victim of the
notification procedures and explain to that person or persons the
right to be so notified. The department or the Board of Parole
Hearings is responsible for notifying all victims, witnesses, or next
of kin of victims who request to be notified of a violent offender's
release or scheduled execution, as provided by Sections 3058.8 and
3605.
(c) All information relating to any person receiving notice
pursuant to subdivision (b) shall remain confidential and is not
subject to disclosure pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code).
SEC. 3. Section 3043 of the Penal Code is amended to read:
3043. (a) (1) Upon request to the Department of Corrections
and Rehabilitation and verification of the identity of the requester
, notice of any hearing to review or consider the parole
suitability or the setting of a parole date for any prisoner in a
state prison shall be given by telephone, certified mail, or
electronic mail, using the method of communication selected by the
requesting party, if that method is available, by the
Board of Parole Hearings at least 90 days before the hearing to any
victim of any crime committed by the prisoner, or to the next of kin
of the victim if the victim has died, to include the commitment
crimes, determinate term commitment crimes for which the prisoner has
been paroled, and any other felony crimes or crimes against the
person for which the prisoner has been convicted. The requesting
party shall keep the board apprised of his or her current contact
information in order to receive the notice.
(2) No later than 30 days prior to the date selected for the
hearing, any person, other than the victim, entitled to attend the
hearing shall inform the board of his or her intention to attend the
hearing and the name and identifying information of any other person
entitled to attend the hearing who will accompany him or her.
(3) No later than 14 days prior to the date selected for the
hearing, the board shall notify every person entitled to attend the
hearing confirming the date, time, and place of the hearing.
(b) (1) The victim, next of kin, members of the victim's family,
and two representatives designated as provided in paragraph (2) of
this subdivision have the right to appear, personally or by counsel,
at the hearing and to adequately and reasonably express his, her, or
their views concerning the prisoner and the case, including, but not
limited to the commitment crimes, determinate term commitment crimes
for which the prisoner has been paroled, any other felony crimes or
crimes against the person for which the prisoner has been convicted,
the effect of the enumerated crimes on the victim and the family of
the victim, the person responsible for these enumerated crimes, and
the suitability of the prisoner for parole.
(2) Any statement provided by a representative designated by the
victim or next of kin may cover any subject about which the victim or
next of kin has the right to be heard including any recommendation
regarding the granting of parole. The representatives shall be
designated by the victim or, in the event that the victim is deceased
or incapacitated, by the next of kin. They shall be designated in
writing for the particular hearing prior to the hearing.
(c) A representative designated by the victim or the victim's next
of kin for purposes of this section may be any adult person selected
by the victim or the family of the victim. The board shall permit a
representative designated by the victim or the victim's next of kin
to attend a particular hearing, to provide testimony at a hearing,
and to submit a statement to be included in the hearing as provided
in Section 3043.2, even though the victim, next of kin, or a member
of the victim's immediate family is present at the hearing, and even
though the victim, next of kin, or a member of the victim's immediate
family has submitted a statement as described in Section 3043.2.
(d) The board, in deciding whether to release the person on
parole, shall consider the entire and uninterrupted statements of the
victim or victims, next of kin, immediate family members of the
victim, and the designated representatives of the victim or next of
kin, if applicable, made pursuant to this section and shall include
in its report a statement whether the person would pose a threat to
public safety if released on parole.
(e) In those cases where there are more than two immediate family
members of the victim who wish to attend any hearing covered in this
section, the board shall allow attendance of additional immediate
family members to include the following: spouse, children, parents,
siblings, grandchildren, and grandparents.
SEC. 4. Section 3058.8 of the Penal Code is amended to read:
3058.8. (a) At the time a notification is sent pursuant to
subdivision (a) of Section 3058.6, the Board of Parole Hearings or
the Department of Corrections and Rehabilitation, or the designated
agency responsible for notification, as the case may be, shall also
notify persons described in Section 679.03 who have requested a
notice informing those persons of the fact that the person who
committed the violent offense is scheduled to be released from the
Department of Corrections and Rehabilitation or from the State
Department of Mental Health, including, but not limited to,
conditional release, and specifying the proposed date of release.
Notice of the community in which the person is scheduled to reside
shall also be given if it is (1) in the county of residence of a
witness, victim, or family member of a victim who has requested
notification, or (2) within 100 miles of the actual residence of a
witness, victim, or family member of a victim who has requested
notification. If, after providing the witness, victim, or next of kin
with the notice, there is any change in the release date or the
community in which the person is to reside, the board or department
shall provide the witness, victim, or next of kin with the revised
information.
(b) In order to be entitled to receive the notice set forth in
this section, the requesting party shall keep the department or board
informed of his or her current contact information.
(c) The board or department, when sending out notices regarding an
offender's release on parole, shall use the information provided by
the requesting party pursuant to subdivision (b) of Section 679.03,
unless that information is no longer current. If the information is
no longer current, the department shall make a reasonable attempt to
contact the person and to notify him or her of the impending release.
SEC. 5. Section 11155 of the Penal Code is amended to read:
11155. (a) As soon as placement of an inmate in any reentry or
work furlough program is planned, but in no case less than 60 days
prior to that placement, the Department of Corrections and
Rehabilitation shall provide notice, if notice has been requested, to
all of the following: (1) written notice to the chief of police of
the city, if any, in which the inmate will reside, if known, or in
which placement will be made, (2) written notice to the sheriff of
the county in which the inmate will reside, if known, or in which
placement will be made, and (3) notice, as provided in subdivision
(d), to the victim, if any, of the crime for which the inmate was
convicted or the next of kin of the victim if the crime was a
homicide, if the victim or the next of kin has submitted a request
for notice with the department. Information regarding victims or next
of kin requesting the notice, and the notice, shall be confidential
and not available to the inmate.
(b) In the event of an escape of an inmate from any facility under
the jurisdiction of the department, the department shall immediately
notify, by the most reasonable and expedient means available, the
chief of police of the city, and the sheriff of the county, in which
the inmate resided immediately prior to the inmate's arrest and
conviction, and, if previously requested, to the victim, if any, of
the crime for which the inmate was convicted, or to the next of kin
of the victim if the crime was a homicide. If the inmate is
recaptured, the department shall send written notice thereof to the
chief of police and the sheriff, and notice to the victim, or next of
kin of the victim, within 30 days after regaining custody of the
inmate.
(c) Except as provided in subdivision (d), the department shall
send the notices required by this section to the last address
provided to the department by the requesting party. It is the
responsibility of the requesting party to provide the department with
a current address.
(d) Whenever the department provides the notice required by this
section to a victim, or next of kin of the victim, it shall do so by
telephone, certified mail, or electronic mail, using the method of
communication selected by the victim or the next of kin of the victim
, if that method is available . In the event the victim's
or next of kin's contact information provided to the department is
no longer current, the department shall make a diligent, good faith
effort to learn the whereabouts of the victim in order to comply with
these notification requirements.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 7. The Legislature finds and declares that this act furthers
the rights of victims of crimes for purposes of Proposition 9, as
approved by the voters at the November 4, 2008, statewide general
election.
SEC. 8. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for the Department of Corrections and Rehabilitation to
fully implement an automated victim notification system at the
earliest possible time, it is necessary that this act take effect
immediately.