AB 335: Parole: placement at release.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-06
Existing law provides that an inmate who has committed certain specified offenses and is released on parole shall not be returned to a location within 35 of miles of the residence of a victim of or witness to that offense if the victim or witness makes such a request and the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that the placement is necessary to protect the victim or witness.
This bill would add certain sexual penetration offenses as well as several sexual assault offenses in which the victim is unconscious or unable to give consent to the list of offenses to which this release restriction applies.
This bill would incorporate additional changes to Section 3003 of the Penal Code proposed by AB 1408 to be operative only if this bill and AB 1408 are enacted and this bill is enacted last.
Existing law provides that an inmate who has committed certain specified offenses and is released on parole shall not be returned to a location within 35 of miles of the residence of a victim of or witness to that offense if the victim or witness makes such a request and the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that the placement is necessary to protect the victim or witness.
This bill would add certain sexual penetration offenses as well as several sexual assault offenses in which the victim is unconscious or unable to give consent to the list of offenses to which this release restriction applies.
This bill would incorporate additional changes to Section 3003 of the Penal Code proposed by AB 1408 to be operative only if this bill and AB 1408 are enacted and this bill is enacted last.
Existing law provides that an inmate who has committed certain specified offenses and is released on parole shall not be returned to a location within 35 of miles of the residence of a victim of or witness to that offense if the victim or witness makes such a request and the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that the placement is necessary to protect the victim or witness.
This bill would add certain sexual penetration offenses as well as several sexual assault offenses in which the victim is unconscious or unable to give consent to the list of offenses to which this release restriction applies.
This bill would incorporate additional changes to Section 3003 of the Penal Code proposed by AB 1408 to be operative only if this bill and AB 1408 are enacted and this bill is enacted last.
Existing law provides that an inmate who has committed certain specified offenses and is released on parole shall not be returned to a location within 35 of miles of the residence of a victim of or witness to that offense if the victim or witness makes such a request and the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that the placement is necessary to protect the victim or witness.
This bill would add certain sexual penetration offenses as well as several sexual assault offenses in which the victim is unconscious or unable to give consent to the list of offenses to which this release restriction applies.
Existing law provides that an inmate who has committed certain specified offenses and is released on parole shall not be returned to a location within 35 of miles of the residence of a victim of or witness to that offense if the victim or witness makes such a request and the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that the placement is necessary to protect the victim or witness.
This bill would add the offense of certain sexual penetration offenses as well as several sexual assault offenses in which the victim is unconscious or unable to give consent to the list of offenses to which this provision applies. release restriction applies.
Existing law was amended by the passage of Proposition 83 in 2006 which places restrictions on legislative amendments to this law, however this bill would not amend any provisions of Proposition 83 and therefore may be approved by a simple majority vote.Existing law provides that an inmate who has committed certain specified offenses and is released on parole shall not be returned to a location within 35 of miles of the residence of a victim of or witness to that offense if the victim or witness makes such a request and the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that the placement is necessary to protect the victim or witness.
This bill would add the offense of sexual penetration to the list of offenses to which this provision applies.
Existing law was amended by the passage of Proposition 83 in 2006 which places restrictions on legislative amendments to this law, however this bill would not amend any provisions of Proposition 83 and therefore may be approved by a simple majority vote.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) 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 Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation 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 parolees 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 inmates 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 inmates 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 and Rehabilitation, 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 and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision 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 drivers 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 or postrelease community supervision 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 inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)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.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, 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, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation 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 a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(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. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation 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). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(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)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
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 or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) 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 Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation 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 parolees 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 inmates 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 inmates 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 and Rehabilitation, 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 and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision 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 drivers 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 or postrelease community supervision 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 inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)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.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, 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, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation 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 a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(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. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation 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). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(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)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 3003 of the Penal Code proposed by both this bill and Assembly Bill 1408. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 3003 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1408, in which case Section 1 of this bill shall not become operative.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) 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 Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation 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 parolees 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 inmates 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 inmates 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 and Rehabilitation, 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 and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision 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 drivers 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 or postrelease community supervision 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 inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)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.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, 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, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation 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 a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(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. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation 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). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(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)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
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 or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) 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 Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation 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 parolees 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 inmates 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 inmates 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 and Rehabilitation, 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 and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision 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 drivers 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 or postrelease community supervision 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 inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)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.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, 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, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation 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 a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(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. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation 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). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(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)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 3003 of the Penal Code proposed by both this bill and Assembly Bill 1408. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 3003 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1408, in which case Section 1 of this bill shall not become operative.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) 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 Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation 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 parolees 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 inmates 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 inmates 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 and Rehabilitation, 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 and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision 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 drivers 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 or postrelease community supervision 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 inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)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.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, 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, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation 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 a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(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. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation 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). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(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)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
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 or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) 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 Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation 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 parolees 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 inmates 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 inmates 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 and Rehabilitation, 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 and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision 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 drivers 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 or postrelease community supervision 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 inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(N)Copies of the record of supervision during any prior period of parole.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)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.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other 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, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a 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 Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness. the victim or witness, 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, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation 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 a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(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. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation 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). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(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)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 3003 of the Penal Code proposed by both this bill and Assembly Bill 1408. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 3003 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1408, in which case Section 1 of this bill shall not become operative.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) 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 Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation 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 parolees 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 inmates 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 inmates 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 and Rehabilitation, 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 and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision 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 drivers 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 or postrelease community supervision 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 inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)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.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, 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, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (d) (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation 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 a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(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. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation 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). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(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)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) 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 Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation 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 parolees 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 inmates 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 inmates 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 and Rehabilitation, 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 and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision 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 drivers 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 or postrelease community supervision 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 inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)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.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, 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, and paragraphs (11) and (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a 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 Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness. to, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (d) or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation 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 a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(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. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation 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). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(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)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) 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 Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation 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 parolees 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 inmates 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 inmates 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 and Rehabilitation, 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 and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision 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 drivers 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 or postrelease community supervision 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 inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)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.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other 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, and paragraph paragraphs (11) and (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a 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 Parole Hearings or the Department of Corrections and Rehabilitation 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 a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation 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 a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(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. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation 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). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(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)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
|
Date
|
Status
|
|---|---|
| Oct 6, 2017 | Chaptered by Secretary of State - Chapter 523, Statutes of 2017. |
| Oct 6, 2017 | Approved by the Governor. |
| Sep 20, 2017 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 13, 2017 | Assembly Rule 77(a) suspended. |
| Sep 13, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77. |
| Sep 12, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 11, 2017 | Read second time. Ordered to third reading. |
| Sep 7, 2017 | Read third time and amended. Ordered to second reading. |
| Jun 27, 2017 | Read second time. Ordered to third reading. |
| Jun 26, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 13, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 13). Re-referred to Com. on APPR. |
| May 10, 2017 | Referred to Com. on PUB. S. |
| Apr 25, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 24, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1188.) |
| Apr 20, 2017 | Read third time and amended. Ordered to third reading. (Page 1138.) |
| Apr 17, 2017 | From Consent Calendar by request of Assembly Member Kiley. To Third Reading. |
| Apr 6, 2017 | Read second time. Ordered to Consent Calendar. |
| Apr 5, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 5). |
| Mar 15, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 14). Re-referred to Com. on APPR. |
| Mar 8, 2017 | Re-referred to Com. on PUB. S. |
| Mar 7, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 21, 2017 | Referred to Com. on PUB. S. |
| Feb 8, 2017 | From printer. May be heard in committee March 10. |
| Feb 7, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2017 | AB 335 Kiley Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2017 | Assembly 3rd Reading AB335 Kiley By Jackson | Senate Floor |
Passed |
|
| Jun 13, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Apr 24, 2017 | AB 335 KILEY Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 5, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 14, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California District Attorneys Association | ** Support | Sep 9, 2017 |
| California State Sheriffs' Association | ** Support | Sep 9, 2017 |
| Crime Victims United Of California | ** Support | Sep 9, 2017 |
| San Diego County District Attorney | ** Support | Sep 9, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 335
Author:(Kiley)
As Amended Ver:September 7, 2017
Majority vote
ASSEMBLY: | 76-0 | (April 24, 2017) | SENATE: | 39-0 | (September 12, 2017) |
Original Committee Reference: PUB. S.
SUMMARY: Provides that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness.
The Senate amendments double-joint this bill with AB 1408 (Calderon) of the current legislative session to avoid chaptering issues.
EXISTING LAW:
- Requires that, subject to specified exceptions, 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.
- States 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, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if Board of Parole Hearings (BPH) or the CDCR finds that there is a need to protect the life, safety, or well-being of a victim or witness.
- Provides an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, 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.
- Requires, 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 wellbeing of the victim.
- Provides an exception allowing an inmate may be returned to another county if that would be in the best interests of the public. If BPH or CDCR decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record. 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:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- 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; or
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders.
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged.
- Requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender (MDO);
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released.
- Requires all other offenders released from prison on or after October 1, 2011, to be placed on Post Release community Supervision (PRCS) under the supervision of a county agency, such as a probation department.
- Limits the term for PRCS to three years.
- Provides for intermediate sanctions for violating the terms of PRCS, including "flash incarceration" for up to 10 days.
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
- Prohibits the return of an offender who violates conditions of PRCS to prison.
AS PASSED BY THE ASSEMBLY, this bill:
- Added to the list of offenses where a victim or witness may request that an inmate may not be returned to a location within 35 miles of the residence of the victim or witness the following offenses:
- Sexual penetration by force or violence;
- Sexual penetration of a child under the age of 14 where the perpetrator is more than 10 years older than the child;
- Sexual penetration of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Rape where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Rape of an unconscious person;
- Sodomy of an unconscious person;
- Sodomy of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Sodomy where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Oral copulation of an unconscious person;
- Oral copulation of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Oral copulation where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Sexual penetration of an unconscious person; and,
- Sexual penetration where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance.
- Recast the existing list of offenses that allow a victim to request that an inmate not be returned to a location within 35 miles of the residence of the victim or witness.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, "AB 335 would better protect victims of sexual assault in cases similar to Brock Turner's by allowing them to ask for a 35-mile barrier when their attacker is released on parole. Specifically, the bill would expand current protections by allowing this reasonable distance to be requested by a victim of rape, sodomy, sexual penetration, or oral copulation of an unconscious person; rape, sodomy, sexual penetration, or oral copulation by an intoxicating, anesthetic, or controlled substance; rape, sodomy, or oral copulation of a person unable to give legal consent; forcible sexual penetration; sexual penetration of a minor under the age of 14.
"It is hard enough on victims to know that their attacker is being released back into their community. This common sense measure is the least we can do to help protect sexual assault victims and provide them with peace of mind."
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0002186
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 335
Amended: 9/7/17 in Senate
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/13/17
AYES: Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
NO VOTE RECORDED: Skinner
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/24/17 - See last page for vote
DIGEST:
This bill provides that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness.
Senate Floor Amendments of 9/7/17 are double-jointing amendments to deal with potential chaptering issues between this bill and SB 1408 (Calderon).
Existing law:
- Requires that, subject to specified exceptions, 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. (Penal Code § 3003 (a).)
- States 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, 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).)
- Provides that an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, 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. (Penal Code § 3003 (g).)
- Requires, 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 wellbeing of the victim. (Penal Code § 3003(h).)
- Provides an exception allowing an inmate may be returned to another county if that would be in the best interests of the public. If BPH or CDCR decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record. 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:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- 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; or
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders (MDOs). (Penal Code § 3003 (b)(1)-(5).)
- Requires all persons paroled before October 1, 2011, to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged. (Penal Code § 3000.09.)
- Requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A MDO;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released. (Penal Code § 3000.08 (a) & (c).)
- Requires all other offenders released from prison on or after October 1, 2011, to be placed on post-release community supervision (PRCS) under the supervision of a county agency, such as a probation department. (Penal Code § 3000.08 (b).)
- Limits the term for PRCS to three years. (Penal Code, § 3451(a).)
- Provides for intermediate sanctions for violating the terms of PRCS, including "flash incarceration" for up to 10 days. (Penal Code § 3454.)
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Penal Code § 3455 (d).)
- Prohibits the return of an offender who violates conditions of PRCS to prison. (Pen. Code § 3458.)
This bill:
- Adds to the list of offenses for which a victim or witness may request that an inmate may not be returned to a location within 35 miles of the residence of the victim or witness the following offenses:
- Sexual penetration by force or violence;
- Sexual penetration of a child under the age of 14 where the perpetrator is more than 10 years older than the child;
- Rape of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Rape where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Rape of an unconscious person;
- Sodomy of an unconscious person;
- Sodomy of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Sodomy where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Oral copulation of an unconscious person;
- Oral copulation of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Oral copulation where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Sexual penetration of a person incapable of consent because of a mental disorder or developmental or physical disability.
- Sexual penetration of an unconscious person; and,
- Sexual penetration where a person is incapable of resisting by any intoxicating or anesthetic substance or any controlled substance.
- Recasts the existing list of offenses that allow a victim to request that an inmate not be returned to a location within 35 miles of the residence of the victim or witness.
Background
Under existing law, people released on parole after a conviction for specified offenses shall not be returned to a location within 35 miles of the residence of a victim of or witness to that offenses if the victim or witness makes a such a request and the BPH or the CDCR finds that the placement is necessary to protect the victim or witness. This bill will add specified sex offenses to the list off offenses for which a victim or witness can request that the person be placed more than 35 miles away for the requestor’s residence.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California District Attorneys Association
California State Sheriffs’ Association
Crime Victims United of California
San Diego County District Attorney
None received
ASSEMBLY FLOOR: 76-0, 4/24/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Calderon, Chávez, Maienschein, Ridley-Thomas
Prepared by: Mary Kennedy / PUB. S. /
9/9/17 14:41:54
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 335
:
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/13/17
AYES: Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
NO VOTE RECORDED: Skinner
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/24/17 - See last page for vote
DIGEST:
This bill provides that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness.
Existing law:
- Requires that, subject to specified exceptions, 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. (Penal Code § 3003 (a).)
- States 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, 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).)
- Provides that an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, 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. (Penal Code § 3003 (g).)
- Requires, 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 wellbeing of the victim. (Penal Code § 3003(h).)
- Provides an exception allowing an inmate may be returned to another county if that would be in the best interests of the public. If BPH or CDCR decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record. 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:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- 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; or
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders (MDOs). (Penal Code § 3003 (b)(1)-(5).)
- Requires all persons paroled before October 1, 2011, to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged. (Penal Code § 3000.09.)
- Requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A MDO;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released. (Penal Code § 3000.08 (a) & (c).)
- Requires all other offenders released from prison on or after October 1, 2011, to be placed on post-release community supervision (PRCS) under the supervision of a county agency, such as a probation department. (Penal Code § 3000.08 (b).)
- Limits the term for PRCS to three years. (Penal Code, § 3451(a).)
- Provides for intermediate sanctions for violating the terms of PRCS, including "flash incarceration" for up to 10 days. (Penal Code § 3454.)
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Penal Code § 3455 (d).)
- Prohibits the return of an offender who violates conditions of PRCS to prison. (Pen. Code § 3458.)
This bill:
- Adds to the list of offenses for which a victim or witness may request that an inmate may not be returned to a location within 35 miles of the residence of the victim or witness the following offenses:
- Sexual penetration by force or violence;
- Sexual penetration of a child under the age of 14 where the perpetrator is more than 10 years older than the child;
- Rape of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Rape where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Rape of an unconscious person;
- Sodomy of an unconscious person;
- Sodomy of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Sodomy where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Oral copulation of an unconscious person;
- Oral copulation of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Oral copulation where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Sexual penetration of a person incapable of consent because of a mental disorder or developmental or physical disability.
- Sexual penetration of an unconscious person; and,
- Sexual penetration where a person is incapable of resisting by any intoxicating or anesthetic substance or any controlled substance.
- Recasts the existing list of offenses that allow a victim to request that an inmate not be returned to a location within 35 miles of the residence of the victim or witness.
Background
Under existing law, people released on parole after a conviction for specified offenses shall not be returned to a location within 35 miles of the residence of a victim of or witness to that offenses if the victim or witness makes a such a request and the BPH or the CDCR finds that the placement is necessary to protect the victim or witness. This bill will add specified sex offenses to the list off offenses for which a victim or witness can request that the person be placed more than 35 miles away for the requestor’s residence.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California District Attorneys Association
California State Sheriffs’ Association
Crime Victims United of California
San Diego County District Attorney
OPPOSITION: (Verified 6/26/17)
None received
ASSEMBLY FLOOR: 76-0, 4/24/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Calderon, Chávez, Maienschein, Ridley-Thomas
Prepared by: Mary Kennedy / PUB. S. /
6/27/17 16:56:39
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 335 Hearing Date: June 13, 2017
Author: | Kiley | ||
Version: | April 20, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Parole: Placement at Release
HISTORY
Source: Author
Prior Legislation: None
Support: California District Attorneys Association; California State Sheriffs’ Association; Crime Victims United of California; San Diego County District Attorney
Opposition: None known
Assembly Floor Vote: 76 - 0
PURPOSE
The purpose of this bill is to provide that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness.
Existing law requires that, subject to specified exceptions, 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. (Penal Code § 3003 (a).)
Existing law states 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, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if Board of Parole Hearings (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 a violation of lewd and lascivious acts or continuous sexual abuse of a child, 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. (Penal Code § 3003 (g).)
Existing law requires, 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 wellbeing of the victim. (Penal Code § 3003(h).)
Existing law provides an exception allowing an inmate may be returned to another county if that would be in the best interests of the public. If BPH or CDCR decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record. 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:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- 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; or
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders. (Penal Code § 3003 (b)(1)-(5).)
Existing law requires all persons paroled before October 1, 2011 to remain under the supervision of the California Department of Corrections and Rehabilitation (CDCR) until jurisdiction is terminated by operation of law or until parole is discharged. (Penal Code § 3000.09.)
Existing law requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender (MDO);
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released. (Penal Code § 3000.08 (a) & (c).)
Existing law requires all other offenders released from prison on or after October 1, 2011, to be placed on PRCS under the supervision of a county agency, such as a probation department. (Penal Code § 3000.08 (b).)
Existing law limits the term for PRCS to three years. (Penal Code, § 3451(a).)
Existing law provides for intermediate sanctions for violating the terms of PRCS, including "flash incarceration" for up to 10 days. (Penal Code § 3454.)
Existing law specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Penal Code § 3455 (d).)
Existing law prohibits the return of an offender who violates conditions of PRCS to prison. (Pen. Code § 3458.)
This bill adds to the list of offenses for which a victim or witness may request that an inmate may not be returned to a location within 35 miles of the residence of the victim or witness the following offenses:
- Sexual penetration by force or violence;
- Sexual penetration of a child under the age of 14 where the perpetrator is more than 10 years older than the child;
- Rape of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Rape where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Rape of an unconscious person;
- Sodomy of an unconscious person;
- Sodomy of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Sodomy where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Oral copulation of an unconscious person;
- Oral copulation of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Oral copulation where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Sexual penetration of a person incapable of consent because of a mental disorder or developmental or physical disability.
- Sexual penetration of an unconscious person; and,
- Sexual penetration where a person is incapable of resisting by any intoxicating or anesthetic substance or any controlled substance.
This bill recasts the existing list of offenses that allow a victim to request that an inmate not be returned to a location within 35 miles of the residence of the victim or witness.
COMMENTS
1. Need for This Bill
According to the author:
Under existing law, a victim of specified violent felonies including forcible rape, sodomy, and oral copulation, can petition the Board of Parole Hearings (BOPH) or the California Department of Corrections and Rehabilitation (CDCR) to provide a 35-mile barrier between themselves and their perpetrator when the inmate is released on parole or post-release community supervision. Specifically, AB 335 would expand current protections by allowing this reasonable distance to be requested by a victim of the following crimes:
- Rape, sodomy, sexual penetration, or oral copulation of an unconscious person
- Rape, sodomy, sexual penetration, or oral copulation by an intoxicating, anesthetic, or controlled substance
- Rape, sodomy, or oral copulation of a person unable to give legal consent
- Forcible sexual penetration
- Sexual penetration of a minor under the age of 14
- Sexual Penetration of a victim who is unable to give legal consent because of a mental disorder
2. Parole limitations
Under existing law, people released on parole after a conviction for specified offenses shall not be returned to a location within 35 miles of the residence of a victim of or witness to that offenses if the victim or witness makes a such a request and the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that the placement is necessary to protect the victim or witness. This bill will add specified sex offenses to the list off offenses for which a victim or witness can request that the person be placed more than 35 miles away for the requestor’s residence.
-- END –
ASSEMBLY THIRD READING
ATR Bill Id:AB 335
Author:(Kiley)
As Amended Ver:April 20, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Cunningham, Gonzalez Fletcher, Quirk, Rubio, Santiago | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Obernolte, Reyes |
SUMMARY: Provides that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness. Specifically, this bill:
- Adds to the list of offenses where a victim or witness may request that an inmate may not be returned to a location within 35 miles of the residence of the victim or witness the following offenses:
- Sexual penetration by force or violence;
- Sexual penetration of a child under the age of 14 where the perpetrator is more than 10 years older than the child;
- Sexual penetration of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Rape where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Rape of an unconscious person;
- Sodomy of an unconscious person;
- Sodomy of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Sodomy where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Oral copulation of an unconscious person;
- Oral copulation of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Oral copulation where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Sexual penetration of an unconscious person; and,
- Sexual penetration where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance.
- Recasts the existing list of offenses that allow a victim to request that an inmate not be returned to a location within 35 miles of the residence of the victim or witness.
EXISTING LAW:
- Requires that, subject to specified exceptions, 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.
- States 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, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if Board of Parole Hearings (BPH) or the CDCR finds that there is a need to protect the life, safety, or well-being of a victim or witness.
- Provides an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, 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.
- Requires, 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 wellbeing of the victim.
- Provides an exception allowing an inmate may be returned to another county if that would be in the best interests of the public. If BPH or CDCR decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record. 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:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- 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; or
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders.
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged.
- Requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender (MDO);
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released.
- Requires all other offenders released from prison on or after October 1, 2011, to be placed on Post Release community Supervision (PRCS) under the supervision of a county agency, such as a probation department.
- Limits the term for PRCS to three years.
- Provides for intermediate sanctions for violating the terms of PRCS, including "flash incarceration" for up to 10 days.
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
- Prohibits the return of an offender who violates conditions of PRCS to prison.
FISCAL EFFECT: According to the Assembly Appropriations Committee this bill would add minor absorbable administrative costs to BPH and CDCR.
COMMENTS: According to the author, "AB 335 would better protect victims of sexual assault in cases similar to Brock Turner's by allowing them to ask for a 35-mile barrier when their attacker is released on parole. Specifically, the bill would expand current protections by allowing this reasonable distance to be requested by a victim of rape, sodomy, sexual penetration, or oral copulation of an unconscious person; rape, sodomy, sexual penetration, or oral copulation by an intoxicating, anesthetic, or controlled substance; rape, sodomy, or oral copulation of a person unable to give legal consent; forcible sexual penetration; sexual penetration of a minor under the age of 14.
"It is hard enough on victims to know that their attacker is being released back into their community. This common sense measure is the least we can do to help protect sexual assault victims and provide them with peace of mind."
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0000147
ASSEMBLY THIRD READING
ATR Bill Id:AB 335
Author:(Kiley)
As Amended Ver:March 7, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Cunningham, Gonzalez Fletcher, Quirk, Rubio, Santiago | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Obernolte, Reyes |
SUMMARY: Provides that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness. Specifically, this bill:
- Adds to the list of offenses where a victim or witness may request that an inmate may not be returned to a location within 35 miles of the residence of the victim or witness the following offenses:
- Sexual penetration by force or violence;
- Sexual penetration of a child under the age of 14 where the perpetrator is more than 10 years older than the child;
- Rape of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Rape where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Rape of an unconscious person;
- Sodomy of an unconscious person;
- Sodomy of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Sodomy where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Oral copulation of an unconscious person;
- Oral copulation of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Oral copulation where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Sexual penetration of an unconscious person; and,
- Sexual penetration where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance.
- Recasts the existing list of offenses that allow a victim to request that an inmate not be returned to a location within 35 miles of the residence of the victim or witness.
EXISTING LAW:
- Requires that, subject to specified exceptions, 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.
- States 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, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if Board of Parole Hearings (BPH) or the CDCR finds that there is a need to protect the life, safety, or well-being of a victim or witness.
- Provides an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, 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.
- Requires, 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 wellbeing of the victim.
- Provides an exception allowing an inmate may be returned to another county if that would be in the best interests of the public. If BPH or CDCR decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record. 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:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- 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; or
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders.
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the CDCR until jurisdiction is terminated by operation of law or until parole is discharged.
- Requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender (MDO);
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released.
- Requires all other offenders released from prison on or after October 1, 2011, to be placed on Post Release community Supervision (PRCS) under the supervision of a county agency, such as a probation department.
- Limits the term for PRCS to three years.
- Provides for intermediate sanctions for violating the terms of PRCS, including "flash incarceration" for up to 10 days.
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction.
- Prohibits the return of an offender who violates conditions of PRCS to prison.
FISCAL EFFECT: According to the Assembly Appropriations Committee this bill would add minor absorbable administrative costs to BPH and CDCR.
COMMENTS: According to the author, "AB 335 would better protect victims of sexual assault in cases similar to Brock Turner's by allowing them to ask for a 35-mile barrier when their attacker is released on parole. Specifically, the bill would expand current protections by allowing this reasonable distance to be requested by a victim of rape, sodomy, sexual penetration, or oral copulation of an unconscious person; rape, sodomy, sexual penetration, or oral copulation by an intoxicating, anesthetic, or controlled substance; rape, sodomy, or oral copulation of a person unable to give legal consent; forcible sexual penetration; sexual penetration of a minor under the age of 14.
"It is hard enough on victims to know that their attacker is being released back into their community. This common sense measure is the least we can do to help protect sexual assault victims and provide them with peace of mind."
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0000138
Date of Hearing: April 5, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 335
Author:(Kiley) – As Amended Ver:March 7, 2017
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill adds to the list of offenses for which the victim of (or witness to) specified crimes may request additional distance in the placement of an inmate on parole. And if the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness, an inmate released on parole may not be returned to a location within 35 miles of the residence of a victim or witness who made the request.
FISCAL EFFECT:
This bill would add minor absorbable administrative costs to BPH and CDCR.
COMMENTS:
- Background. Current law requires, subject to specified exceptions (such as in the best interest of the public), an inmate who is released on parole to be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. Current law also states 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, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if BPH or the CDCR finds that there is a need to protect the life, safety, or well-being of a victim or witness.
- Purpose. According to the author, "AB 335 would better protect victims of sexual assault in cases similar to Brock Turner’s by allowing them to ask for a 35-mile barrier when their attacker is released on parole. Specifically, the bill would expand current protections by allowing this reasonable distance to be requested by a victim of rape, sodomy, sexual penetration, or oral copulation of an unconscious person; rape, sodomy, sexual penetration, or oral copulation by an intoxicating, anesthetic, or controlled substance; rape, sodomy, or oral copulation of a person unable to give legal consent; forcible sexual penetration; sexual penetration of a minor under the age of 14.
It is hard enough on victims to know that their attacker is being released back into their community. This common sense measure is the least we can do to help protect sexual assault victims and provide them with peace of mind.”
Analysis Prepared by: Pedro Reyes / APPR. / 916-319-2081
Date of Hearing:
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 335
Author:(Kiley) – As Amended Ver:March 7, 2017
SUMMARY:
Provides that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness. Specifically, this bill:
- Adds to the list of offenses where a victim or witness may request that an inmate may not be returned to a location within 35 miles of the residence of the victim or witness the following offenses:
- Sexual penetration by force or violence;
- Sexual penetration of a child under the age of 14 where the perpetrator is more than 10 years older than the child;
- Rape of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Rape where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Rape of an unconscious person;
- Sodomy of an unconscious person;
- Sodomy of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Sodomy where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Oral copulation of an unconscious person;
- Oral copulation of a person that is incapable of giving consent because of a mental disorder or physical disability;
- Oral copulation where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance;
- Sexual penetration of an unconscious person; and,
- Sexual penetration where a person is incapable of resisting by any intoxicating or anesthetic substance, or any controlled substance.
- Sexual penetration by force or violence;
- Recasts the existing list of offenses that allow a victim to request that an inmate not be returned to a location within 35 miles of the residence of the victim or witness.
EXISTING LAW:
- Requires that, subject to specified exceptions, 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. (Pen. Code, § 3003, subd. (a).)
- States 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, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if Board of Parole Hearings (BPH) or the CDCR finds that there is a need to protect the life, safety, or well-being of a victim or witness. (Pen. Code, § 3003, subd. (f).)
- Provides an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, 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. (Pen. Code, § 3003, subd. (g).)
- Requires, 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 wellbeing of the victim. (Pen. Code, § 3003, subd. (h).)
- Provides an exception allowing an inmate may be returned to another county if that would be in the best interests of the public. If BPH or CDCR decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record. 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:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- 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; or
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders. (Pen. Code, § 3003, subd. (b)(1)-(5).)
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Requires all persons paroled before October 1, 2011 to remain under the supervision of the California Department of Corrections and Rehabilitation (CDCR) until jurisdiction is terminated by operation of law or until parole is discharged. (Pen. Code, § 3000.09.)
- Requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender (MDO);
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released. (Pen. Code, § 3000.08, subds. (a) & (c).)
- A person who committed a "serious" felony, as specified;
- Requires all other offenders released from prison on or after October 1, 2011, to be placed on PRCS under the supervision of a county agency, such as a probation department. (Pen Code § 3000.08, subd. (b).)
- Limits the term for PRCS to three years. (Pen. Code, § 3451 subd. (a).)
- Provides for intermediate sanctions for violating the terms of PRCS, including "flash incarceration" for up to 10 days. (Pen. Code, § 3454.)
- Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Pen. Code, § 3455, subd. (d).)
- Prohibits the return of an offender who violates conditions of PRCS to prison. (Pen. Code § 3458.)
FISCAL EFFECT:
Unknown
COMMENTS:
Author's Statement: According to the author, "AB 335 would better protect victims of sexual assault in cases similar to Brock Turner’s by allowing them to ask for a 35-mile barrier when their attacker is released on parole. Specifically, the bill would expand current protections by allowing this reasonable distance to be requested by a victim of rape, sodomy, sexual penetration, or oral copulation of an unconscious person; rape, sodomy, sexual penetration, or oral copulation by an intoxicating, anesthetic, or controlled substance; rape, sodomy, or oral copulation of a person unable to give legal consent; forcible sexual penetration; sexual penetration of a minor under the age of 14.
"It is hard enough on victims to know that their attacker is being released back into their community. This common sense measure is the least we can do to help protect sexual assault victims and provide them with peace of mind.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs' Association
Opposition
None
Analysis Prepared by:
Gregory Pagan / PUB. S. /
Bill Author
Bill Co-Author(s):