BILL NUMBER: SB 127 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2000
PASSED THE ASSEMBLY AUGUST 28, 2000
AMENDED IN ASSEMBLY AUGUST 25, 2000
AMENDED IN ASSEMBLY JUNE 6, 2000
AMENDED IN SENATE JANUARY 13, 2000
AMENDED IN SENATE JANUARY 3, 2000
INTRODUCED BY Senator Polanco
DECEMBER 22, 1998
An act to amend, repeal, and add Section 3003 of the Penal Code,
relating to prisoners.
LEGISLATIVE COUNSEL'S DIGEST
SB 127, Polanco. Prisoners: parole: sex offenders: stalkers.
Existing law provides that an inmate who is released on parole for
any violation of the crimes of lewd or lascivious acts on a child or
continuous sexual abuse of a child shall not be placed within
one-quarter mile of any school that includes any or all of grades
kindergarten to 6, inclusive.
This bill would provide that, notwithstanding any other provision
of law, an inmate released on parole for a violation of these crimes
shall not be placed or reside, for the duration of the period of
parole, within 1/4 mile of any school that includes any or all of
grades kindergarten to 6, inclusive.
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, a mental illness treatment program, or a
combined treatment program for substance abuse and a mental disorder,
to give serious consideration to releasing him or her to a county
that has an aftercare drug treatment program that meets specified
conditions. This bill additionally would require the paroling
authority to ensure that the placement of an out-of-county inmate in
an aftercare program pursuant to this provision not cause the
displacement of a program participant who is a resident of the county
where the program is operated and consider the input of the county
board of supervisors and county sheriff in making this placement.
The bill also would require the paroling authority to report to the
Legislature on or before September 1, 2004, regarding the operation
of this provision. This bill further would provide for these
provisions to be effective only until January 1, 2003.
This bill would incorporate additional changes in Section 3003 of
the Penal Code proposed by SB 580, to be operative if SB 580 and this
bill are both enacted and become effective on or before January 1,
2001, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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, a mental illness treatment program,
or a combined treatment program for substance abuse and a mental
disorder, the paroling authority shall give serious consideration to
releasing him or her to a county that has an aftercare 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 will be the primary caretaker of children
upon release, priority shall be given to placement in a county that
has an aftercare program that allows children to be present.
(3) In making the decision specified in paragraph (2), the
paroling authority shall ensure that the placement of an
out-of-county inmate in an aftercare program pursuant to that
paragraph not cause the displacement of a program participant who is
a resident of the county where the program is operated. The paroling
authority shall consider the input of the county board of
supervisors and the county sheriff for the county of placement as it
relates to out-of-county placements pursuant to paragraph (2).
(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
or reside, for the duration of his or her period of parole, 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.
(k) On or before September 1, 2002, the paroling authority shall
make a report to the Legislature concerning the operation of
paragraph (2) of subdivision (d). The report shall include an
assessment of the impact that the provision has had on counties, the
total number of parolees who were placed in out-of-county programs
pursuant to that provision, and whether there is a cost savings to
the state as a result of implementation of that provision.
(l) This section shall remain in effect only until January 1,
2003, and as of that date is repealed unless a later enacted statute,
which becomes effective on or before that date, deletes or extends
that date.
SEC. 1.5. 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 program, or a combined treatment program, a mental
illness treatment program, or a combined treatment for substance
abuse and a mental disorder, the paroling authority shall give
serious consideration to releasing him or her to a county that has an
aftercare 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 will be the primary caretaker of
children upon release, priority shall be given to placement in a
county that has an aftercare program that allows children to be
present.
(3) In making the decision specified in paragraph (2), the
paroling authority shall ensure that the placement of an
out-of-county inmate in an aftercare program pursuant to that
paragraph not cause the displacement of a program participant who is
a resident of the county where the program is operated. The paroling
authority shall consider the input of the county board of
supervisors and the county sheriff for the county of placement as it
relates to out-of-county placements pursuant to paragraph (2).
(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
or reside, for the duration of his or her period of parole, within
one-quarter mile of any school that includes any or all of grades
kindergarten to 6, inclusive.
(h) 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
Prison Terms of the Department of Corrections finds that there is a
need to protect the life, safety, or well-being of the victim.
(i) 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.
(j) An inmate may be paroled to another state pursuant to any
other law.
(k) (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.
(l) On or before September 1, 2002, the paroling authority shall
make a report to the Legislature concerning the operation of
paragraph (2) of subdivision (d). The report shall include an
assessment of the impact that the provision has had on counties, the
total number of parolees who were placed in out-of-county programs
pursuant to that provision, and whether there is a cost savings to
the state as a result of implementation of that provision.
(m) This section shall remain in effect only until January 1,
2003, and as of that date is repealed unless a later enacted statute,
which becomes effective on or before that date, deletes or extends
that date.
SEC. 2. Section 3003 is added to the Penal Code, 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) 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.
(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
or reside, for the duration of his or her period of parole, 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.
(k) This section shall become operative January 1, 2003.
SEC. 2.5. Section 3003 is added to the Penal Code, 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) 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.
(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
or reside, for the duration of his or her parole, within one-quarter
mile of any school that includes any or all of grades kindergarten to
6, inclusive.
(h) 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
Prison Terms of the Department of Corrections finds that there is a
need to protect the life, safety, or well-being of the victim.
(i) 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.
(j) An inmate may be paroled to another state pursuant to any
other law.
(k) (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.
(l) This section shall be come operative January 1, 2003.
SEC. 3. Section 1.5 of this bill incorporates amendments to
Section 3003 of the Penal Code proposed by both this bill and SB 580.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2001, (2) each bill amends
Section 3003 of the Penal Code, and (3) this bill is enacted after SB
580, in which case Section 1 of this bill shall not become
operative.
SEC. 4. Section 2.5 of this bill incorporates changes to Section
3003 of the Penal Code proposed by SB 580. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2001, (2) this bill adds Section 3003 to the Penal
Code, and SB 580 amends Section 3003 of the Penal Code, and (3) this
bill is enacted after SB 580, in which case Section 2 of this bill
shall not become operative.