BILL NUMBER: SB 127 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 3, 2000
INTRODUCED BY Senator Polanco
DECEMBER 22, 1998
An act to add Section 2933.7 to amend
Section 3003 of the Penal Code, relating to prisoners.
LEGISLATIVE COUNSEL'S DIGEST
SB 127, as amended, Polanco. Prisoners: education
parole .
Existing law requires the Board of Prison Terms or the Department
of Corrections, when releasing an inmate on parole, to return the
inmate to the county that was the last legal residence of the inmate
prior to his or her incarceration, but permits the inmate to be
returned to another county if that would be in the best interests of
the public. Under existing law, the paroling authority, in making
its decision about an inmate who participated in a specified joint
venture program, is required to give serious consideration to
releasing him or her to the county where the joint venture program
employer is located if the employer states to the paroling authority
that he or she intends to employ the inmate upon release.
This bill similarly would require the paroling authority, in
making its decision about an inmate who participated in an in-prison
drug treatment program, to give serious consideration to releasing
him or her to a county that has an aftercare drug treatment program
that meets specified conditions.
Existing law provides for credit on a prisoner's term of
imprisonment for good behavior and participation in work and
education programs.
This bill would provide that a person shall not be eligible to
earn credit on his or her term of imprisonment if the person does not
have a high school diploma or General Education Development
equivalent unless that person is actively participating in an
education program that will lead to a high school diploma or General
Education Development equivalent. However, this provision would not
apply to any inmate who is determined to be incapable of obtaining a
high school diploma or equivalent based on testing of intellectual
ability.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2933.7 is added to the Penal Code, to read:
2933.7. Notwithstanding any other provision of law, a person
shall not be eligible to earn credit on his or her term of
imprisonment pursuant to this chapter if the person does not have a
high school diploma or General Education Development (GED) equivalent
unless that person is actively participating in an education program
that will lead to a high school diploma or General Education
Development (GED) equivalent.
This section shall not apply to any inmate who is determined to be
incapable of obtaining a high school diploma or equivalent based on
testing of intellectual ability.
SECTION 1. Section 3003 of the Penal Code is amended to read:
3003. (a) 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.
(b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Prison Terms setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, or the
Department of Corrections setting the conditions of parole for
inmates sentenced pursuant to Section 1170, 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 pursuant to Section 3058.6. 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:
(1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
(3) The verified existence of a work offer, or an educational or
vocational training program.
(4) 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.
(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
(c) The Department of Corrections, in determining an out-of-county
commitment, shall give priority to the safety of the community and
any witnesses and victims.
(d) (1) In making its decision about an inmate who
participated in a joint venture program pursuant to Article 1.5
(commencing with Section 2717.1) of Chapter 5, 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.
(2) In making its decision about an inmate who participated in an
in-prison drug treatment program, the paroling authority shall give
serious consideration to releasing him or her to a county that has an
aftercare drug treatment program that is best aligned with the
elements of the in-prison program in which he or she participated and
with the needs of the inmate. If the inmate is the primary
caretaker of children, priority shall be given to placement in a
county that has an aftercare program that allows children to be
present.
(e) (1) The following information, if available, shall be released
by the Department of Corrections to local law enforcement agencies
regarding a paroled inmate who is released in their jurisdictions:
(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, FBI 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 subparagraph
was proposed to be effective.
(K) 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.
(L) A digitized image of the photograph and at least a
single-digit fingerprint of the parolee.
(M) A geographic coordinate for the parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
(2) The information required by this subdivision shall come from
the statewide parolee data base. The information obtained from each
source shall be based on the same timeframe.
(3) 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.
(4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
(f) 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 as defined in paragraphs (1) to (7), inclusive, of
subdivision (c) of Section 667.5 or a felony in which the defendant
inflicts great bodily injury on any person other than an accomplice
that has been charged and proved as provided for in Section 12022.53,
12022.7, or 12022.9, if the victim or witness has requested
additional distance in the placement of the inmate on parole, and if
the Board of Prison Terms or the Department of Corrections finds that
there is a need to protect the life, safety, or well-being of a
victim or witness.
(g) Notwithstanding any other law, an inmate who is released on
parole for any violation of Section 288 or 288.5 shall not be placed
within one-quarter mile of any school that includes any or all of
grades kindergarten to 6, inclusive.
(h) 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.
(i) An inmate may be paroled to another state pursuant to any
other law.
(j) (1) Except as provided in paragraph (2), the Department of
Corrections shall be the agency primarily responsible for, and shall
have control over, the program, resources, and staff implementing the
Law Enforcement Automated Data System (LEADS) in conformance with
subdivision (e).
(2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.